ORLANDO — An individual has filed suit against two credits for alleged violation of the Telephone Consumer Protection Act (TCPA).
Avery Mahurin filed a complaint Oct. 11 in U.S. District Court for the Middle District of Florida, Orlando Division, against Navient Solutions Inc. and Student Assistance Corp. alleging that they violated the TCPA through intrusive and unwanted calls.
According to the complaint, the plaintiff alleges that in September 2015, he began receiving calls on his cellphone from the defendants in an attempt to collect a student loan. The plaintiff believes that the calls were allegedly made using an automatic telephone dialing system or an artificial or prerecorded voice as evidenced by the nature and vast number of calls he received. In January, the plaintiff demanded the defendants cease calling him; however, the defendants refused to act accordingly and caused the plaintiff to suffer from frustration, annoyance, unnecessary expenditure of time, invasion of privacy and intrusion upon his right of seclusion.
The plaintiff holds Navient Solutions Inc. and Student Assistance Corp. responsible because the defendants allegedly failed to acquire prior permission from the plaintiff before placing the calls, contacted the plaintiff with such frequency meant to abuse and harass, and unlawfully utilized an auto-dialer or artificial voice.
The plaintiff requests a trial by jury and seeks judgment against the defendants, damages, costs, interest, attorney's fees, enjoinder from further violations and other relief as the court may deem just. He is represented by Shaughn C. Hill of Morgan & Morgan PA in Tampa.
U.S. District Court for the Middle District of Florida, Orlando Division Case, number 6:16-cv-01766