Case Overview: A class action lawsuit alleges that Navient harassed a borrower with robocalls and repeated calls to their workplace, violating consumer privacy laws.
Consumers Affected: Individuals who received unsolicited robocalls and repeated calls from Navient to their workplace.
Court: U.S. District Court for the Southern District of Florida, Fort Lauderdale Division
A student loan borrower is accusing Navient Solutions and its agents of violating her privacy and putting her job at risk by repeatedly calling her at work, despite being asked not to, and leaving robocall voicemails, a new lawsuit alleges.
The proposed class action lawsuit accuses Navient and its agents of violating state and federal laws with the phone calls that were made starting in April this year.
Florida resident Christina L. Strickland filed the lawsuit against Navient and its agents. Strickland said she had taken out student loans for college education, and at some stage Navient had become the servicer of said loans. This spring, she started to receive collection calls from the company, specifically during the day while she was at work.
“The collection calls during the work day were highly disruptive and distracting for plaintiff,” the lawsuit states.
Frustrated by the calls, Strickland answered one and said she wasn’t able to make a payment at that time, that she would be reprimanded by her employer if she continued to receive calls at work, and she requested Navient cease all collection calls to her phone number. However, the calls didn’t stop and Navient went on to place at least 12 more and left pre recorded voicemails (robocalls), according to the lawsuit.
She says as well as invading her privacy, the calls also caused damages including aggravation, nuisance, loss of battery charge, wastage of time, and more.
“Due to Defendant’s refusal to honor Plaintiff’s request that the calls cease, Plaintiff was forced to retain counsel to compel Defendant to cease its abusive collection practices,” the lawsuit lays out.
The federal Telephone Consumer Protection Act (TCPA) was signed into law in 1991 by George W. Bush to protect consumers from invasive telemarketing practices. The TCPA restricts the use of automatic dialing systems, pre-recorded voice messages, and SMS and fax use for telemarketing calls, text messages, and facsimiles. The TCPA also limits the hours that solicitors can make calls and the equipment they can use.
As per the lawsuit, the primary purpose of the TCPA “was to protect individuals from the harassment, invasion of privacy, inconvenience, nuisance, and other harms associated with unsolicited, automated calls.”
As the Supreme Court has observed, “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls,” the lawsuit states.
This month, Citibank agreed to a $29.5 million settlement to resolve a class action lawsuit alleging violations of the TCPA. The settlement will provide compensation to consumers, including non-Citibank customers who received unsolicited debt collection robocalls from Citibank on wrong or reassigned numbers.
Meanwhile, a slate of other companies are also facing consumer class actions for allegedly violating the law. Recently Temu holding company Whaleco Inc. was hit with a class action lawsuit accusing it of sending text messages to phone numbers listed on the U.S. national do-not-call registry. Office Depot was also recently served with a class action lawsuit alleging the retailer sends unsolicited text messages after consumers opt out of the communications.
In the Navient robocall class action lawsuit, Strickland wants to represent consumers from across the country and she is seeking damages, costs, and fees.
Case Details
Plaintiffs' Attorneys
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