Debt collectors are notorious for violating federal statutes that protect consumers against harassing, threatening, and intimidating phone calls. A recent settlement between Navient Solutions Inc. and plaintiffs in two separate cases illustrates the power of the landmark Telephone Consumer Protection Act (TCPA). The plaintiffs in both class action lawsuits allege Navient Solutions Inc. violated the TCPA by continuing to contact consumers at incorrect phone numbers by using automated telephone dialing systems.
Plaintiff Randy Johnson filed the first class action lawsuit against Navient by alleging that the debt collection company violated the TCPA by using an automated telephone dialing system to contact consumer cell phones. The people subscribed to the phone numbers were not the intended recipients of the telephone calls. Johnson claims he began receiving the phone calls from Navient in September of 2014 and every time he answered a call from Navient, an artificial or a prerecorded voice greeted him.
Johnson’s TCPA class action lawsuit includes language that states he has never been a Navient customer. Moreover, Johnson maintains Navient ignored the TCPA provision that requires businesses to obtain consent from consumers to make automated telephone calls.
Shelly Toure and Tony Heard filed an almost identical class action lawsuit against Navient. Navient has agreed to settle both class action lawsuits, with compensation expected to reach $20 million.
What You Need to Know
Preliminary approved on January 26, 2017, the Navient class action settlement covers “Each person and entity throughout the United States: (a) to whom Navient Solutions Inc. placed one or more telephone calls; (b) directed to a telephone number assigned to a cellular telephone service; (c) by using an automatic telephone dialing system; (d) after Navient Solutions Inc. designated the telephone number to which it placed the call(s) as a wrong number; (e) between May 4, 2011 and January 26, 2017.” Class counsel estimates the potential individual award to run between $200 and $350. Eligible class members must complete a valid claim form by May 26, 2017 to join the class action lawsuit settlement.
Randy Johnson v. Navient Solutions Inc. f/k/a Sallie Mae Inc., Case No. 1:15-cv-0716-LJM-MJD and Shelly Toure, et al. v. Navient Solutions Inc. f/k/a Sallie Mae Inc., Case No. 1:17-cv-00071-LJM-TAB, in the U.S. District Court for the Southern District of Indiana, Indianapolis Division has a final hearing scheduled for July 13, 2017. Stay on top of the latest developments with the class action settlement by accessing the website www.JohnsonTCPASettlement.com. Class counsel attorneys Aaron D. Radbil, Michael L. Greenwald, and James L. Davidson all represent the law firm Greenwald Davidson Radbil PLLC. Lisa M. Simonetti from Vedder Price (CA) LLP handles the legal work for Navient Solutions Inc.
