Student loan company Navient is in the news for owing $300,000 to an individual because of debt collection-related harassment caused through calls made using automated calling equipment. Navient started contacting Paul DeMuth, a Pennsylvania resident, for the purpose of debt collection because he had defaulted on his student loan payments.
The collection translated into DeMuth receiving several unsolicited robocalls repeatedly. This continued and DeMuth warned the caller to stop making the calls. However, the warnings were not heeded and the phone calls continued. DeMuth lodged a complaint and a review of the call records revealed that DeMuth indeed asked the calls to be ceased and that the requests went unheeded. Thus, the harassment continued.
Harassment from Debt Collection and Robocalls
Debt collection harassment using robocalls is real; at times, even consumers with no outstanding dues face this harassment.
Imagine rushing around in the morning at around 7.30, getting yourself out of the house before work with breakfast and some packed lunch to go. Suddenly your phone trills and thinking it may be something urgent this early, you rush to pick it – only to realize it is a debt collector calling you. At that hour, and given the state of mind you are in – focusing on the drive to work – you don’t even stop to think about the loan they are talking about. You simply want the call to get over so you can get on with what you were doing.
The Navient Case
DeMuth filed a case after all the warnings were ignored by Navient. In all, 200 unauthorized robocalls were made to DeMuth over a period of two years. It was noted that the calls were made willingly, which made it a willful violation of the TCPA guidelines. The TCPA, or Telephone Consumer Protection Act of 1991, allows consumers to get monetary compensation for harassment faced through debt collection calls. Its regulations also cover automated calling equipment, in this case, robocalls.
This is not the first time for Navient; the student loan servicer has faced accusations of harassing borrowers with repeated and incessant robocalls in the past. Requests have been filed with the Federal Communications Commission and the National Consumer Law Center as well as other groups, citing the illegal calls made to borrowers’ cellphones several times in a day. The complaints ask for action to be taken against Navient for violating the TCPA.
The TCPA and What You, the Consumer Can Do About Harassment
The TCPA has guidelines on what constitutes illegal debt collection behavior:
- Calling a consumer without express consent.
- Calling them on their cellphone number.
- Calling despite being requested to stop making contact.
- Calling consumers using automated calling equipment or the use of robocalls.
There are other guidelines, such as calling late in the night or very early in the morning, not identifying themselves as debt collectors, leaving messages about the overdue debt with people other than the consumers, etc. Because there are several different points the law stipulates, it helps the consumer if they contact a professional who understands debt harassment and laws applicable to it.
It is natural to feel a slight amount of unease on hearing from a debt collector. This feeling can quickly escalate into a full-blown feeling of panic as the consumer absorbs the information and listens to an account of the action that can be taken against them in case the loan is not paid up.
As a result, the consumer can seriously harm themselves further by trying to meet the demands of the debt collector without really checking up on the facts.
While in the current case, the consumer owned the loan, it has been seen that debt collection companies aren’t entirely above board when it comes to researching consumer information. Individuals with cleared loans can be called, as can those who do not actually own the loan. For this reason, it becomes vital that a professional be contacted.
If you, or someone you know, is facing debt collection harassment, call us.
About Us
Legal Rights Advocates, PLLC is a law firm that focuses on helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our team of debt harassment attorneys , over the years, has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA.
If you are interested in learning more about how to safeguard yourself better from the harassment faced as a result of robocalls, call us at (855) 254-7841 for immediate assistance.
(855) 254-7841
(855) 254-7841
