Student Loan Defense Center Hit with Class Action Over Alleged Robocalls
by Erin Shaak
McKinley v. Student Loan Defense Center LLC
Filed: September 3, 2021 ◆§ 8:21-cv-02275
Student Loan Defense Center faces a class action over its alleged practice of placing automated telemarketing calls to consumers who never consented to receive them.
Maryland
Student Loan Defense Center LLC faces a proposed class action over its alleged practice of placing automated telemarketing calls to consumers who never consented to receive them.
According to the case, the Student Loan Defense Center’s use of an artificial or prerecorded voice to market and advertise its business through unsolicited telemarketing calls is a violation of the Telephone Consumer Protection Act, a federal law that prohibits the use of such technology to place non-emergency telemarketing calls without a recipient’s prior express consent to do so.
The plaintiff, a Montgomery County, Maryland resident, claims the Student Loan Defense Center, who purports to help consumers reduce or eliminate student loan debt, called him on at least two occasions in June 2021 and left voicemails that contained the following prerecorded message:
“Hi this is Thomas from Student Loan Defense Center it looks like we have on record that your federal student loan maybe eligible to be reduced or even eliminated. So, give us a call us at 702-854-1378.”
Per the complaint, the plaintiff was able to tell that the calls utilized an artificial or prerecorded voice “because the caller was robotic and because of the distinctive nature of the sound, pauses, and the wording of the recordings were always the same.”
The plaintiff claims to have never provided the defendant with his cell phone number or his permission to place the unsolicited calls. According to the case, the man never signed up for Student Loan Defense Center’s services or “had any form of business relationship” with the company.
Moreover, the plaintiff’s cell phone number has allegedly been registered on the National Do Not Call Registry since November 2006, meaning the defendant was prohibited from calling his number without his express written consent, according to the suit.
The lawsuit claims that aside from experiencing privacy violations, the plaintiff has become “understandably aggravated” with the defendant’s calls, which have allegedly forced him to redirect his attention from work and other activities and spend time investigating the source of the messages.
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