Debtor Advances FCRA Claim Against Navient Over Daughter’s Loans

Navient Solutions LLP defeated a consumer’s allegations that it made debt-collection calls in violation of the Telephone Consumer Protection Act, but must face his claims that the calls intruded upon his seclusion and that it violated the Fair Credit Reporting Act.

Plaintiff Michael Berrow conceded that Navient didn’t use an autodialer as defined under the TCPA to make the debt-collection calls, Judge Susan M. Brnovich of the US District Court for the District of Arizona said Aug. 7.

Brnovich granted Navient’s motion for summary judgment on the TCPA claims, but rejected the motion as to Berrow’s other claims, finding there ...