Navient Corporation, Navient Solutions, LLC and Pioneer Credit Recovery, Inc. – Class Action Seeks Statutory Damages and Injunctive Relief to Stop Debt Collection Calls in Alleged Violation of the Telephone Consumer Protection Act

On March 7, 2018, a class action lawsuit was filed in United States District Court for the Northern District of Illinois, Eastern Division, by Plaintiff Bria Adkins, individually and on behalf of all others similarly situated, against Navient Corporation, Navient Solutions, LLC, and Pioneer Credit Recovery, Inc.  The lawsuit seeks injunctive relief and statutory damages for the alleged Telephone Consumer Protection Act (“TCPA”) violations committed by the Navient and Pioneer Credit Recovery defendants.

The TCPA, according to the complaint, regulates and restricts the use of automatic telephone equipment; protects consumers from unwanted calls that are made with autodialers and/or prerecorded messages; and prohibits any person from calling a cellular telephone number using an automatic telephone dialing system or prerecorded message without the recipient’s prior express consent.

Further, the complaint states that Navient Solutions was the servicer of an educational loan for the Plaintiff’s mother.  The Plaintiff’s mother’s loan was placed with Pioneer Credit Recovery for collection, after the Plaintiff’s mother defaulted on the loan.  Pioneer Credit Recovery, allegedly, used the Internet to identify third-party acquaintances, friends, and relatives of the Plaintiff’s mother, and in April 2017, Pioneer Credit Recovery started a telephone campaign to collect the Plaintiff’s mother’s debt.  The Plaintiff was one of the third-parties Pioneer Credit Recovery identified and contacted Plaintiff’s cell phone on at least two occasions via an automated telephone dialing system.

The class action lawsuit against Navient and Pioneer Credit Recovery seeks statutory damages of $500 for every call, including SMS messages, placed or transmitted, as well as treble, or triple, damages of $1,500 for every call, including SMS messages, placed knowingly and/or willfully in violation of the TCPA.

Have You Received Unsolicited, Unwanted or Harassing Telemarketing Calls or Autodial, Automated or Prerecorded “Robocalls” or Text Messages to Your Cellular Telephone from Telemarketers, Banks or Credit Card, Mortgage, Student Loan or Other Companies Without Your Prior Express Consent?
Have You Received Debt Collection Robocalls On Your Cellular Telephone Where You Requested Not to Receive, or Opted-Out from Receiving, Automated Debt Collection Calls?
Have You Received “Junk Fax” Advertisements That You Did Not Consent to Receive?

If so, you may have grounds to bring a private right of action, or lawsuit, under the Telephone Consumer Protection Act to try and recover statutory damages of between $500 and $1,500 for each TCPA violation.  If you would like to speak privately with an attorney at no cost or obligation to you about your potential legal rights or claims, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or send an e-mail to [email protected].

Kehoe Law Firm, P.C.