Nationstar Allegedly Violated TCPA Regulations With Robocalls

The mortgage company Nationstar allegedly violated TCPA regulations by calling consumers without consent, according to a woman’s recent lawsuit.

Plaintiff Rocio B. claims that Nationstar Mortgage LLC placed several robocalls to her phone without her consent. The mortgage company allegedly called Rocio around 300 times while attempting to collect payment on her mortgage debt. She says she requested  that Nationstar stop calling her on multiple occasions, but she was told that “the system was automated and they would put a note in the system”.

“Defendant has a corporate policy to use an automatic telephone dialing system or a pre-recorded or artificial voice, just as they did to the Plaintiff’s cellular telephone in this case, with no way for the consumer, or Defendant, to remove the number,” the TCPA lawsuit claims. “Defendant has had numerous complaints against it from consumers across the country asking to not be called, however Defendant continues to call these individuals.”

Robocalls are unwanted telephone calls placed using an automatic dialing system or using an artificial voice. These calls can be incredibly harassing, and, in fact, led the U.S. government to pass the Telephone Consumer Protection Act (TCPA) in 1991.

“Senator Hollings, the TCPA’s sponsor, described these calls as ‘the scourge of modern civilization, they wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone out of the wall,” notes the TCPA lawsuit.

TCPA regulations prohibit a variety of behaviors including telemarketing calls, automatic telephone dialing systems, and artificial voice messages without the express written consent of call recipients. According to a statement by the Federal Communications Commission, the TCPA used to allow telemarketing calls when a prior business relationship existed, but changes to these regulations now require express written consent in all situations regardless of an existing relationship.

Other behaviors prohibited by TCPA include calling numbers on the National Do Not Call Registry, sending unsolicited text messages, sending junk faxes, and more.

Rocio argues that Nationstar violated TCPA regulations calling her hundreds of times using an automatic dialing system without her consent. She says she knew the company was calling using an autodialer system because of the vast number of calls she received, the pause she heard after she picked up the call before she heard a voice, and information given to her by Nationstar representatives.

For every unwanted call that Rocio received, she allegedly had to either answer it and deal with the call or spend personal time unlocking the phone and clearing her notifications. The TCPA lawsuit claims that she was injured by the calls because her battery was drained, voice messages occupied space on her phone, her time was wasted, and she suffered from stress, anxiety, and embarrassment.

Under the TCPA, plaintiffs like Rocio are able to recover between $500 and $1,500 for every violation of the act. Rocio seeks statutory damages, punitive damages, actual damages, treble damages, and other relief.

The Nationstar TCPA Lawsuit is Case No. 6:19-cv-00012-JA-TBS in the U.S. District Court for the Middle District of Florida.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now