CHARLESTON — A consumer is suing Navient Solutions Inc., a debt collection agency, citing alleged violation of telephone harassment statutes.
Kevin Whited filed a complaint on Aug. 26, in the U.S. District Court for the Southern District of West Virginia Charleston Division against Navient Solutions Inc. alleging that the debt collection agency violated the Telephone Consumer Protection Act.
According to the complaint, the plaintiff alleges that, in Sept. 2, he mailed a letter to defendant withdrawing his consent to be contacted and advising them that he had retained an attorney. He also provided them with his lawyer's contact details. As of the filing of this complaint, plaintiff has received more than 137 calls from defendant causing him to be annoyed, inconvenienced, and harassed. The plaintiff holds Navient Solutions Inc. responsible because the defendant allegedly called him multiple times per day using an automatic telephone dialing system and failed to disclose the name of the business entity making a demand for payment.
The plaintiff requests a trial by jury and seeks compensation for statutory damages in the amount of $500 for each violation of TCPA, treble damages in the amount of $1,000 for each willful violation, enjoining defendant from calling him, costs of litigation, attorneys' fees and such other relief as the court deems just and proper. He is represented by Benjamin Sheridan and Daniel K. Armstrong of Klein & Sheridan LC in Hurricane.
U.S. District Court for the Southern District of West Virginia Charleston Division Case number 2:16-cv-08260