Consumer complaint received 2018-09-05
Company: Navient Solutions, LLC.
State: SD
Product: Debt collection
Sub-product: Federal student loan debt
Issue: Communication tactics
Sub-issue: You told them to stop contacting you, but they keep trying

Complaint:
I have made numerous complaints against XXXX XXXX XXXX but they never seem to address the issue at hand. The issue is as follows : they called XXXX after my sister spoke to XXXX on XX/XX/XXXX and told her not to call her again. I also called in on XX/XX/XXXX and advised them not to call me and or my sisters again. Well on XX/XX/XXXX my sister at XXXX received another call. This violated the FDCPA. 

Here is the letter I sent to XXXX XXXX and XXXX XXXX : Neither one of them address the issue as I have sent them phone logs as well for proof! 


XXXX XXXX is the guarantor of these loans while XXXX XXXX XXXX the sister company of Navient is servicing these loans. This began on XX/XX/XXXX while XXXX XXXX was servicing this loan still. While speaking to a representative on XX/XX/XXXX I had learned that this loan used to be owned by XXXX XXXX but was purchased by XXXX XXXX. After gathering the information, I needed to on that day I hung up the phone. No later than 20 minutes later I received another phone call regarding the same exact loan I had just called about. Under the FDCPA and FTC collectors are unable to contact a borrower more than once if they had already spoken to them that day. After I spoke to a supervisor I received another two calls that same day at XXXX XXXX and XXXX XXXX. So, I called back in again and the supervisor said you all do not have interfacing notes, so it was not noted I had already spoken to someone. Regardless, this violated the FDCPA and FTC in numerous ways and I requested for them to not call my cell phone again as my employer pays for it. They kindly said they will take it out of the system and it will not happen again. Well it did. 
I had tried to come to a compromise with XXXX XXXX, but they were not willing to do that. I am still contemplating on my next step to take with them whether it be hiring a lawyer or representing myself as I have all the call logs and communications. 
Now we move on to XX/XX/XXXX. XXXX XXXX XXXX is now servicing these loans. Keep in mind XXXX XXXX had given all my information to XXXX XXXX XXXX and they can clearly see that my phone number of XXXX has a ceased note on it. So, on XX/XX/XXXX they had called my sisters at the numbers of XXXX and XXXX. Bother of my sisters did not answer the phone and they left a generic message. So, my sister with the number of XXXX called back in asked who you were with and advised XXXX XXXX XXXX to not call that number again. XXXX XXXX XXXX must disclose who they are with if a 3rd party asks. My sister at the phone number of XXXX also called back in and advised XXXX the representative that answered to not call her number again. XXXX obliged and said it will not happen again. Well after learning that both of my sisters were called I called into XXXX XXXX XXXX on XX/XX/XXXX. I advised them that all of my information is correct and that my cell number of XXXX is still a ceased number and do not call. If they need to communicate they can do it through mail. 
Now we move on to XX/XX/XXXX. My sister at the number of XXXX got another call from XXXX XXXX XXXX. This clearly violates the FDCPA and FTC. She advised you all on XX/XX/XXXX to not call her again. I also advised you all on XX/XX/XXXX to not call me and or my sisters again. On XX/XX/XXXX I filed a formal complaint with XXXX XXXX XXXX, FDCPA, and FTC. I called in to follow up numerous times throughout the month of XXXX but received a letter on XX/XX/XXXX from XXXX XXXX with a letter in there from XXXX XXXX XXXX. So, I called in on XX/XX/XXXX and spoke to a gentleman by the name of XXXX. I inquired to see if this was still an open complaint and he advised me that it was. I advised him that the loan needs to be written off and brought to a zero balance per the numerous FDCPA violations by XXXX XXXX and by XXXX XXXX XXXX. He advised me that would not be happening. He also advised me that he had no show of me calling in on XX/XX/XXXX so I will attach those call logs from XXXX as well. He then went on to say that I had an option to enroll in the loan rehabilitation program. I advised him that would not happen. He then stated to me if I do not enroll than they would garnish my wages. XXXX can not state this to me as it violates section 807 of the FDCPA which states Debt collectors arent allowed to threaten consumers with legal actions that arent permitted. They also cant threaten them with legal actions they intend to pursue. 
XXXX can not state this because he has no general idea of when or how XXXX XXXX and or XXXX XXXX XXXX will garnish my wages. 
I have XXXX XXXX and XXXX XXXX XXXX violating the FDCPA numerous times. First XXXX XXXX contacting me more than once on the same day after I spoke to a representative, secondly calling my sister again after she spoke to XXXX and advised her not to call again as well as I did on XX/XX/XXXX. Third, XXXX stating they will garnish my wages. 
The main FDCPA violation is contacting my sister for a 2nd time on XX/XX/XXXX which I have the call logs on as well as the recordings from her speaking to XXXX on XX/XX/XXXX advising not to call her again. I have contacted XXXX XXXX XXXX about these FDCPA violations and they feel I have a very strong case if I want to move forward. I have not hired them so you can still deal with me at this time. Below is the option you have regarding these FDCPA violations.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation