Link: Sanford v. NAVIENT SOLUTIONS, LLC, Dist. Court, Case No. 1:17-cv-4356-WTL-DLP (S.D. Ind. Oct. 1, 2018).
Judge William T. Lawrence dismissed a complaint on the pleadings alleging that Navient violated the Telephone Consumer Protection Act when it placed calls to the plaintiff’s cell phone. The court found that contrary to Plaintiff’s position, an August 11, 2016, Report and Order from the FCC that would have placed restrictions on the collection of debts had not yet gone into effect. Thus the language in the TCPA that “a cellular telephone service . . . unless such call is made solely to collect a debt owed to or guaranteed by the United States” is controlling. 47 U.S.C. § 227(b)(1)(A)(iii).