Navient Robocalls Numbered in the Thousands, Plaintiff Alleges

A Kentucky man says he was bowled over with nearly 2,000 Navient robocalls seeking to collect a debt he says he never incurred.

Plaintiff Jose B. filed a Navient robocalls lawsuit in the U.S. District Court for the Western District of Kentucky.

According to the Navient robocalls lawsuit, Jose says that Navient called him nearly 2,000 times in an attempt to collect an alleged debt from him.

He says that Navient made calls to his cellular phone using an “automatic telephone dialing system.” The system has the ability to store consumer telephone numbers and can dial these numbers using a “random or sequential number generator,” the lawsuit states.

Jose notes that he knew that he was being called by an autodialer not only because of the extensive number of telephone calls he received but that with each call he would hear a “pause” before he heard a voice respond.

Jose also explains that over and over again he asked numerous Navient representatives to stop placing these calls and that he would like them to stop. He remembers, specifically, a time in 2014 when he spoke to a Navient representative and informed him that he had not attended the aforementioned school that they were speaking of, so he never could have accrued any debt from that school.

He argues that every phone call Navient placed to him was made without the express consent required to make such calls.

“Despite clearly and unequivocally revoking any consent Defendant may have believed they had to call Plaintiff on his cellular telephone, Defendant continues to place calls to Plaintiff,” the lawsuit states.

The Navient robocalls lawsuit was filed on one count of violation of the TCPA. Jose is also requesting a trial by jury.

Overview: Navient Robocalls Lawsuit

The TCPA was passed by Congress in 1991 to help protect consumers not only against the growing number of auto-dialed telemarketing calls, prerecorded calls, and  unsolicited faxes. Since then, violations of the TCPA have resulted in multi-million dollar class action settlements.

A National-Do-Not Call Registry was established in 2003 to add additional protection for consumers against unwanted telephone calls and other major annoyances. Consumers may enroll to help prevent solicitors from contacting them. The consumer’s request must also be honored by companies permanently. The list covers all intrastate and interstate calls and prohibits unwanted calls from being made.

Unfortunately, however, companies sometimes ignore the Do Not Call Registry and place calls in violation of the TCPA. Companies do so by taking part in autodialing, robocalling, and other practices prohibited by these regulations. Thus, many consumers have filed lawsuits against companies for violations of the TCPA or the Do Not Call Registry. In many cases, they have been able to collect thousands and even millions of dollars.

There are many entities that consumers may file lawsuits against for alleged violations of the TCPA and/or the Do Not Call Registry. These include:

• Debt collectors
• Telemarketers
• Credit card companies
• Student loan companies
• Mortgage companies
• Banks
• Check-cashing companies
• Retailers

The Navient Robocalls lawsuit is Case No. 3:18-cv-00805-DJH-LLK in the U.S. District Court for the Western District of Kentucky, Louisville Division.

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.

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