A Luzerne County student and her mother are suing a collection agency claiming that they are being harassed with an inundation of calls to their cellphones even after they asked to collection agency to cease the action.
Allison Kern of Dallas, Pa. and Cheryl Kern of Englewood, Ohio filed a lawsuit against Navient Solutions Inc. on Sept. 25 in the U.S. District Court for the Middle District of Pennsylvania citing a violation of the federal Telephone Consumer Protection Act.
Prior to filing a lawsuit, Allison Kern secured a student loan from Sallie Mae Inc. with her mother serving as a co-signer on the loan. In or around 2014, the lawsuit claims, Navient, serving as a collection agency for Sallie Mae, started placing calls the Kerns’ cellphones, utilizing multiple telephone numbers.
On April 9, 2014, the lawsuit claims, Allison Kern spoke to “Carrie,” a representative at Navient, requesting that they stop placing calls to her cellphone. On April 5, Cheryl Kern made the same request. Despite their request to cease, the lawsuit claims, Navient continued to use an auto dialer to place calls to the Kerns – including at least 233 calls to Allison Kern from April 204 to May 2015.
Damages the Kerns are seeking include statutory damages for Allison Kern in the amount of $500 for each and every negligent violation to the federal Telephone Consumer Protection Act and $1,500 for each knowing and or willful violation of that act.
Allison Kern and Cheryl Kern are represented by Michael A. Siddons of the Law Office of Michael Alan Siddons of Media, Pa.
U.S. District Court for the Middle District of Pennsylvania case number 3:15-cv-01856-RPC