Navient TCPA

Written by Chris Bandas on April 11, 2017

Navient Solutions, Inc., formerly known as Sallie Mae, Inc., agreed to pay $19.7 million dollars to settle claims related to telephone calls or texts messages made between May 4, 2011 and January 26, 2017 that allegedly violated federal law. These calls or texts were made through an automatic telephone dialing system, and were wrong number calls—i.e., the subscriber or customary user of the phone number called was different from the party Navient Solutions was trying to reach.

Navient Solutions TCPA Class Action Settlement

Navient Solutions TCPA Class Action Settlement, Randy Johnson v. Navient Solutions, Inc., f/k/a Sallie Mae, Inc., Case No. 1:15-cv-0716-LJM and Shelly Toure and Tony Heard v. Navient Solutions, Inc., f/k/a Sallie Mae, Inc., Case No. 1:17-cv-00071-LJM-TAB, Proposed Settlement and Claims Requirements for Affected Individuals and Entities.

A Brief Outline of the Navient Solutions Cases.

Lawsuits were filed alleging Navient Solutions, Inc. violated the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, by using an automatic dialing system to contact consumers’ cell phones, when the person subscribed to the phone number was different than the intended recipient.

Settlement of the litigation was reached, and in January, 2017, the U.S. District Court for the Southern District of Indiana granted preliminary settlement approval.

Per the class notice, Navient Solutions agreed to pay $19.7 million dollars to settle existing claims related to alleged violations of the TCPA. According to the attorneys who represent the plaintiffs and the class, the amount that individual class members who file claims receive may be in the range of $200 to $350.

At this time, the proposed settlement between all parties has yet to garner formal approval from the courts, which is expected to occur at the July 13, 2017 final settlement approval hearing before the U.S. District Court for the Southern District of Indiana.

Claimants Must Act Before May 26th to Preserve All Their Legal Rights.

However: Obtaining a settlement award check requires filing a claim by May 26th, 2017. Class members who fail to do so will not receive a share of the settlement fund.

Claimants Must Respond Urgently to the Pending Final Settlement Approval. Read below to learn more.

Who is Considered Part of the Settlement Class?

According to the class notice, you may be a member of the settlement class if you are a person or entity in the United States (a) to whom Navient Solutions Inc. placed one or more telephone calls; (b) directed to a telephone number assigned to a cellular telephone service; (c) by using an automatic telephone dialing system; (d) after Navient Solutions Inc. designated the telephone number to which it placed the call(s) as a wrong number; (e) between May 4, 2011 and January 26, 2017.

Any claim for money by a member of the class must be made on the settlement website or mailed no later than May 26, 2017. Class members who do not file claims by this date will receive no compensation and will release their claims against Navient Solutions, Inc.

Considering the May 26, 2017 deadline, taking prompt action is critical.  

Important Deadlines for Filings Claims in the Navient Solutions TCPA Class Action Settlement.

Exclusion deadlines: If you are a member of the class and wish to be excluded from the settlement, you must mail a written request for exclusion to the settlement administrator that must be postmarked by May 26, 2017. If you exclude yourself from the settlement, you will not receive a payment from the settlement, but will retain claims you may have against Navient Solutions, Inc.

Objection deadlines: Class members may object that the settlement is not fair, reasonable or adequate. Objections must be submitted in writing via mail to class counsel, counsel for Navient Solutions, and the U..S. District Court for the Southern District of Indiana no later than May 26, 2017. 

Who Are Members of the Navient Solutions TCPA Settlement Class?

According to the class notice, the class includes each person and entity throughout the United States: (a) to whom Navient Solutions Inc. placed one or more telephone calls; (b) directed to a telephone number assigned to a cellular telephone service; (c) by using an automatic telephone dialing system; (d) after Navient Solutions Inc. designated the telephone number to which it placed the call(s) as a wrong number; (e) between May 4, 2011 and January 26, 2017.

Summary of the Terms of the Proposed Navient Solutions TCPA Class Action Settlement.

The class notice indicates that the settlement establishes a fund in the amount of $19,744,650. This amount will be used to pay class members’ claims, the costs and expenses of settlement administration,  an award of attorneys’ fees in an amount up to one-third of the settlement fund, costs, expenses incurred in litigating the matter, not to exceed $55,000, and service awards to the class representative Johnson up to $25,000 and class representatives Toure and Heard up to $5,000 each.

Subject to the provisions of the settlement agreement, class members who submit valid claims by May 26, 2017 will receive a proportionate share of the settlement fund after deduction of settlement administration expenses, attorneys’ fees, costs and expenses of litigation, and service awards. These and other provisions are set forth in the Navient Solutions TCPA settlement agreement.

Summary of Proposed Award to Legal Counsel for Fees and Expenses

Per the class notice, the attorneys for the class will seek up to 1/3 of the $19.7 million settlement fund. Class counsel will also seek litigation costs up to $55,000. Service awards will be sought for the class representatives. These awards are subject to the court’s approval.

How Do Class Members File Claims in the Navient Solutions Class Action Settlement?

To receive a share of the settlement fund, class members must file a claim on the settlement website or mail a valid claim form to the Johnson Settlement Administrator, PO Box 2578, Faribault, MN 55021-9578. Claims must be postmarked no later than May 26, 2017.

Again, class members who do not file claims will not receive compensation.

In addition, class members who do not believe the settlement is fair, reasonable, or adequate can object by filing a written notice of objection, postmarked by May 26, 2017, to class counsel, Navient Solutions, Inc.’s attorneys, and to the U.S. District Court for the Southern District of Indiana.

Class members who do not wish to participate in the settlement may mail a written request for exclusion to the settlement administrator no later than May 26, 2017. Class members who exclude themselves from the settlement will not receive a payment.

Meeting the May 26th Filing Deadline Is Critical

A claim form must be completed on the settlement website or mailed by an individual claimant wishing to assert his or her legal rights in light of the terms of the Navient Solutions TCPA settlement before the United States District Court, Southern District of Indiana. The mandatory date to file a claim is not later than May 26, 2017.

Class members who do not file a claim will not receive a share of the settlement fund, and will release their claims against Navient Solutions, Inc. related to the allegations in the lawsuit.

Those class members wishing to exclude themselves from the Navient Solutions TCPA settlement must do so by mailing a written request for exclusion to the settlement administrator not later than May 26, 2017.

For more information, visit the Navient Solutions TCPA Class Action Settlement webpage at http://www.classactionsettlementguide.com/.

References:

https://johnsontcpasettlement.com/Portals/0/Documents/Settlement%20Agreement%20and%20Release1.pdf

https://johnsontcpasettlement.com/mainpage/FileYourClaimOnline.aspx

https://johnsontcpasettlement.com/

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