Student Loan Borrowers: Did Navient Solutions Place Calls Your Cell Phone?

Did you receive calls on your cell phone from Navient Solutions?

Johnson v Navient Solutions, Inc., f/k/a Sallie Mae, Inc. No. 1:15-cv-0716-LJM (S.D. Ind.)

A national settlement was reached in a class action lawsuit against Navient Solutions. The lawsuit alleged that Navient Solutions violated the Telephone Consumer Protection Act (TCPA) for making unsolicited cell phone calls to student loan borrowers.

You are included as a class member if you received one or more calls from Navient to your cell phone from an automatic dialing system between May 4, 2011 and January 26, 2017.  

Do you remember receiving calls to your cell phone from Navient Solutions? Call us today to discuss your consumer rights: 888-668-1225

You can choose to OPT OUT of the class action and pursue an individual case against Navient Solutions. The TCPA allows consumers to recover between $500 – $1500 per violating call to their cell phone. 

The deadline to opt out is May 26, 2017. 

Student Loan Giant Navient Cheated Borrowers

The Consumer Financial Protection Bureau (CFPB) recently filed suit against Navient, the nation’s largest student loan servicer, and Pioneer Credit Recovery, its collection arm, for systematically and illegally failing borrowers at every state of repayment.

Among the allegations, the Bureau charges that Navient:

  • Failed to correctly apply or allocate borrower payments to their accounts.
  • Steered struggling borrowers toward paying more than they have to on their loans.
  • Obscured information that consumers needed to maintain their lower payments.
  • Deceived private student loan borrowers about requirements to release their co-signer from the loan.
  • Harmed the credit of disabled borrowers, including severely injured veterans.

Learn more

HELP! Steps to Take

Student Loan Servicing Errors

File complaints in writing to:

Credit Report Errors

Request current copies of your credit reports from Transunion, Experian, and Equifax.

What are Robo Texts?

The Federal Communication Commission (FCC) recently advised that text messages sent by auto-dialers (“robotexts”) are prohibited under the Telephone Consumer Protection Act (TCPA). Consumers who received a new cell phone number must revoke consent in order to trigger TCPA protections, especially when their new cell phone number was reassigned from a prior owner who did grant consent to receive robotexts or robocalls.

Congress passed initial TCPA legislation back in 1991, and has been refining the rules ever since. The law limits the use of automatic dialing systems, artificial or pre-recorded voice messages, SMS text messages, and fax machines. It also requires the caller to be identified in the message.

Robocalls Require Permission

Telemarketers, lenders, and debt collectors must get your permission before they contact you on your cell phone using a robo-dialer or automated voice. If you provided a cell phone number, consent to call that number may be implied.

You Can Revoke Your Consent

You have the right to retract permission. If you no longer wish to be contacted on your cell phone, you need to contact the caller and inform them that they no longer have your consent. It is most effective to handle this request in writing in a letter like this one

In Gager v. Dell Financial Services, the first case of its kind, the U.S. Court of Appeals for the Third Circuit in Philadelphia, PA agreed that consumers may block annoying robocalls to their cell phones. Under the TCPA, consumers can revoke any alleged consent implied by applying for credit. Dell Financial’s further efforts to have the appeals court reconsider its ruling were rebuffed.

Document the Calls

If a telemarketer, lender, or debt collector continues to call your cell phone after you have revoked consent, it is important to document the calls in a call log. You should also retain your cell phone records and identify calls placed to your cell phone. To obtain phone records from your cell phone provider, you may need to send a written request.

Take Action

If you continue to receive calls on  your cell phone after requesting they stop, you may be able to bring a lawsuit against the caller. The TCPA permits consumers to recover $500 – $1500 for each call placed by the telemarketer, lender, or debt collector after they’ve been told to stop.

 

Are You Getting Unwanted Calls on your Cell Phone?

Are telemarketers and debt collectors contacting you at all hours of the day? You may not know that you have rights and you can stop unwanted calls. If the calls continue after requesting they stop, or if you never gave permission to call you in the first place, you may be able to take legal action. Follow these steps if you’re receiving unwanted calls on your cell phone.

Revoke Consent

Send a letter through Certified Mail, Return Receipt to the collection agency, bank, or telemarketer that is contacting you. You can use this letter as a template. Be sure to retain a copy of this letter for your records. If you don’t have their street address, you can send a text message and email or tell them verbally. However, written communication is best.

Create a Call Log

If the calls continue, use this contact log to keep track of the call date, time of day, caller ID, name of the caller or company, and any details of the message, text, or phone conversation. Make sure to retain all voice and text messages.

Take Legal Action

If calls persist, seek legal help to evaluate if the unwanted calls are a violation of the Telephone Consumer Protection Act (TCPA). Gather your correspondence with the bank, debt collector, or telemarketer, your Certified Mail documents, and your contact log. Request phone records from your cell phone provider and review the records for the incoming calls. Have these documents evaluated by a consumer rights attorney.

 

Class Action Lawsuit: Birchmeier, etal v. Caribbean Cruise Line

Birchmeier et al v. Caribbean Cruise Line Inc.

Had you received marketing calls offering a FREE cruise for taking a survey?

A class action lawsuit was brought against Caribbean Cruise Lines for placing automated survey calls to consumers between August 1, 2011 and August 31, 2012 that offered a free cruise in exchange for taking a political and/or public opinion survey.  The plaintiffs alleged that Caribbean Cruise Lines marketed timeshare and vacation properties through the calls.  Many, but not all, of the surveys were from Political Surveys of America. If an individual was offered the opportunity to participate in the survey in exchange for a free cruise, after answering the survey questions, he or she then had the option of being transferred to a Caribbean Cruise Line representative.  This class action lawsuit claimed a violation to the Telephone Consumer Protection Act (TCPA).

Do you remember receiving marketing calls on your landline or cell phone?

You may choose to Opt Out of the class action and pursue an individual case if you received one or more auto-dialed marketing calls. Contact Flitter Milz today for a FREE CONSULTATION.  We will discuss your options and potential violation of your consumer rights.

Act Immediately! Deadline to Opt Out:  Monday, January 23, 2017.

Getting Unwanted Calls? Know the Rules

On August 4, 2016, the FCC ruled that automated calls and text messages from educational institutions and utilities do not fall under the restrictions of the Telephone Consumer Protection Act (TCPA).

Congress passed initial TCPA legislation back in 1991, and the federal agency has been refining the law ever since. The law limits the use of automatic dialing systems, artificial or pre-recorded voice messages, SMS text messages, and fax machines. The law also requires the caller to be identified in the message. Get familiar with the law to learn how you can stop unwanted calls and texts.

Robocalls Require Permission

Telemarketers must get your permission before they contact you on your cell phone. A mere business relationship with you does not mean consent to contact you on your cellphone.

As noted in the recent declaratory ruling, the restriction doesn’t apply to urgent calls or texts, like emergency calls or verifications.

You Can Revoke Your Consent

You have the right to revoke any permission that you previously gave. The caller can’t require an extensive process either, like asking you to mail in a form to be removed from their contact list.

Callers Must Update Wrong Numbers

Telemarketers have resources that help them see when a consumer’s cell phone number changes. They are allowed to call a wrong number one time before they update their list.

Take Action

If you receive auto dialed calls to your cell phone that you never consented to, or you continue to receive calls on your cell phone after requesting they stop, you may be able to bring a lawsuit against the caller. The TCPA permits consumers to recover $500 – $1500 for each call placed to the consumer after they’ve been told to stop.

Contact a consumer protection attorney, or unwanted calls lawyer, to discuss your options. 

 

 

Think Twice Before Putting Your Mobile Number on an Application

Calls to Your Cell Phone Require Consent

The Telephone Consumer Protection Act (TCPA) requires callers that use automated dialing equipment to get consent before calling a consumer’s cell phone. If you list your cell phone number on a loan or credit card application, this implies that you are giving consent for the bank or lender to contact you on this number.

Revoke Consent

Even if you listed your cell phone number on a credit or loan application, you always have the right to revoke consent to contact you to stop unwanted calls.

Send a letter through Certified Mail, Return Receipt to the bank, collection agency, or telemarketer that is calling your cell phone. Retain a copy of this letter for your records. If you don’t have a street address, send a message via email or text. Otherwise, tell them verbally.  Make a note of the date and time, name of representative, and details of your conversation.

Seek Legal Help

If you continue to receive calls on your cell phone after requesting they stop, you may be able to bring a lawsuit against the caller. The TCPA permits consumers to recover $500 – $1500 for each call placed without the consumer’s permission. Contact a consumer rights lawyer to discuss your options.

Register with the National Do Not Call Registry

You can also register your home phone and cell phone numbers with the National Do Not Call Registry to help stop unwanted calls to your personal numbers. The National Do Not Call Registry is managed by the Federal Trade Commission.

To submit your number to the National Do Not Call Registry:

        Phone: 888-382-1222

        Online: www.donotcall.gov

In the future, think twice before you put your mobile number on an application. If there is a sentence or clause in an application that says you ‘give permission’ and you don’t like the wording, simply strike a line through it and place your initials next to the line.  

 

 

Your Cellphone: A 10-Digit Key Code to your Private Life

“The next time someone asks you for your cellphone number, you may want to think twice about giving it.”

Check out this New York Times article that explores how cellphone numbers are increasingly being used to link to private information. Unlike Social Security numbers, cellphone numbers are not a legally regulated piece of information which companies are required to keep private. Read More …

The Rules about Robocalls

Most of us have received a robocall to our cell phone at some point in time. These calls are annoying and inconvenient, especially if they start occurring more and more often.

Congress passed initial Telephone Consumer Protection Act (TCPA) legislation back in 1991, and has been refining the ruling ever since. The law limits the use of automatic dialing systems, artificial or pre-recorded voice messages, SMS text messages, and fax machines. It also requires the caller to be identified in the message. 

Robocalls Require Permission 

Telemarketers, lenders, and debt collectors must get your permission before they contact you on your cell phone using a robo-dialer or automated voice. If you provided a cell phone number on a credit application or elsewhere, consent to call that number may be implied.

You Can Revoke Your Consent

You have the right to retract permission. If you want to stop unwanted calls on your cell phone, you need to contact the caller and inform them that they no longer have your consent. It is most effective to handle this request in writing in a letter like this one

In Gager v. Dell Financial Services, the first case of its kind, the U.S. Court of Appeals for the Third Circuit in Philadelphia, PA agreed that consumers may block annoying robocalls to their cell phones. Under the TCPA, consumers can revoke any alleged consent implied by applying for credit. Dell Financial’s further efforts to have the appeals court reconsider its ruling were rejected.

Document the Calls

If a telemarketer, lender, or debt collector continues to call your cell phone after you have revoked consent, it is important to document the calls in a call log. You should also retain your cell phone records and identify calls placed to your cell phone.

Take Action

If you continue to receive calls on your cell phone after requesting they stop, you may be able to bring a lawsuit against the caller. The TCPA permits consumers to recover $500 – $1500 for each call placed by the telemarketer, lender, or debt collector after they’ve been told to stop. Contact a consumer rights attorney to discuss your options. 

Are you Receiving Robocalls for Student Loan Debt?

The Federal Communications Commission issued rules Thursday restricting companies from bombarding Americans with cellphone calls to collect any money owed to or guaranteed by the government, including federal student loans, mortgages and taxes.

“Consumers want and deserve control over the calls and text messages they receive,” said FCC Chairman Tom Wheeler, in a statement. “It is vital that we continue to use all the tools at our disposal to help protect consumers against unwanted calls.” Read the full article…