PLAINTIFF’S COMPLAINT

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Ryan Lee (SBN: 024846)

Krohn & Moss, Ltd.

1112 Ocean Drive, Third Floor

Manhattan Beach, CA 90266

Tel: 323-988-2400 x241

Fax: 866-861-1390

rlee@consumerlawcenter.com 

Attorney for Plaintiffs,

LINSEY NELSON & BARBARA NELSON

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA

LINSEY NELSON & BARBARA NELSON,

Plaintiffs,

v.

NAVIENT SOLUTIONS, INC.

f/k/a Sallie Mae,

Defendant.

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Case No.: 

COMPLAINT AND DEMAND FOR 

JURY TRIAL

(Unlawful Debt Collection Practices)

LINSEY NELSON & BARBARA NELSON (Plaintiffs), through attorneys, alleges the 

following against NAVIENT SOLUTIONS INC. f/k/a Sallie Mae (Defendant):

INTRODUCTION

1. Count I of Plaintiffs’ Complaint alleges that Defendant negligently, knowingly and/or 

willfully violated the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

(TCPA).

JURISDICTION AND VENUE

2. Jurisdiction of this court arises pursuant to 28 U.S.C. 1331. 

3. Because Plaintiffs reside in and Defendant does business within the State of Arizona, 

personal jurisdiction is established.

4. Venue is proper pursuant to 28 U.S.C. 1391(b)(2).

Case 2:16-cv-00133-DGC Document 1 Filed 01/20/16 Page 1 of 7
PLAINTIFF’S COMPLAINT

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PARTIES

5. Plaintiff Linsey Nelson is a natural person who resides in Phoenix, Arizona.

6. Plaintiff Barbara Nelson is a natural person who resides in Bountiful, Utah.

7. Defendant is a business entity with an office located at 2001 Edmund Halley Dr., Reston, 

Virginia 20190.

8. Plaintiffs are informed and believe, and thereon allege, that Defendant is a corporation 

located in Delaware.

9. Defendant acted through its agents, employees, officers, members, directors, heirs, 

successors, assigns, principals, trustees, sureties, subrogees, representatives, and insurers. 

FACTUAL ALLEGATIONS

10. Plaintiff Barbara Nelson co-signed on a loan with Defendant for her daughter Plaintiff 

Linsey Nelson.

11. Defendant places collection calls to Plaintiffs seeking and attempting to collect on an 

alleged debt. 

12. Defendant places collection calls to both (801) 809-80xx, Linsey’s cellular telephone and 

(801) 694-46xx, Barbara’s cellular telephone.

13. Per its prior business practices, Defendant’s calls were placed with an automated dialing 

system (“auto-dialer”).

14. These calls were for non-emergency purposes.

15. On or around June 19, 2015, at approximately 6:39 p.m., Plaintiff Linsey Nelson spoke 

with Defendant’s representative “Frank” and requested that Defendant cease placing calls 

to her cellular phone.

16. On or around June 19, 2015, at approximately 6:01 p.m., Plaintiff Barbara Nelson spoke 

with Defendant’s representative “Grace” and requested that Defendant cease placing calls 

to her cellular telephone.

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PLAINTIFF’S COMPLAINT

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17. On or around October 28, 2015, at approximately 6:49 am, Plaintiff Linsey Nelson spoke 

to “Kacey Dobbs” and again requested that Defendant cease placing calls to her cellular 

phone.

18. On or around October 29, 2015, approximately 6:55 pm, Plaintiff Barbara Nelson spoke 

to “Stephen Bonner” and again requested that Defendant cease placing calls to her cellular 

phone.

19. Both Plaintiffs revoked any consent, express, implied, or otherwise, to receive automated 

collection calls from Defendant.

20. Since June 19, 2015, Defendant used a dialer to call Plaintiff Linsey’s cell phone at least

six hundred nineteen (619) times without consent to do so.

21. Since June 19, 2015, Defendant used a dialer to call Plaintiff Barbara’s cell phone at least 

seven hundred eighty four (784) times without consent to do so.

22. Defendant called Plaintiffs multiple times in a single day.

23. On multiple occasions, Defendant called Plaintiff Linsey up to five (5) times in a single 

day.

24. Defendant willfully and voluntarily used a dialer to place these calls.

25. Defendant intended to use a dialer to place these calls.

26. Defendant had neither Linsey’s nor Barbara’s prior express consent to use a dialer to place 

these calls.

COUNT I

DEFENDANT VIOLATED THE TELEPHONE CONSUMER PROTECTION ACT

27. Defendant’s actions alleged supra constitute numerous negligent violations of the TCPA, 

entitling Plaintiffs to an award of $500.00 in statutory damages for each and every 

Case 2:16-cv-00133-DGC Document 1 Filed 01/20/16 Page 3 of 7
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violation pursuant to 47 U.S.C. § 227(b)(3)(B).

28. Defendant’s actions alleged supra constitute numerous and multiple knowing and/or 

willful violates of the TCPA, entitling Plaintiffs to an award of $1500.00 in statutory 

damages for each and every violation pursuant to 47 U.S.C. § 227(b)(3)(B) and 47 U.S.C. 

§ 227(b)(3)(C).

WHEREFORE, Plaintiffs respectfully prays that judgment be entered against the 

Defendant for the following:

29. Statutory damages of $500.00 for each and every negligent violation of the TCPA pursuant 

to 47 U.S.C. § (b)(3)(B);

30. Statutory damages of $1500.00 for each and every knowing and/or willful violation of the 

TCPA pursuant to 47 U.S.C. § (b)(3)(b) and 47 U.S.C. § (b)(3)(C);

31. All court costs, witness fees and other fees incurred; and

32. Any other relief that this Honorable Court deems appropriate.

RESPECTFULLY SUBMITTED,

DATED: January 20, 2016 KROHN & MOSS, LTD.

By: /s/ Ryan Lee_

 Ryan Lee

 Attorney for Plaintiff

Case 2:16-cv-00133-DGC Document 1 Filed 01/20/16 Page 4 of 7
PLAINTIFF’S COMPLAINT

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DEMAND FOR JURY TRIAL

Plaintiffs, LINSEY NELSON & BARBARA NELSON, demand a jury trial in this cause 

of action.

RESPECTFULLY SUBMITTED,

DATED: January 20, 2016 KROHN & MOSS, LTD.

By: /s/ Ryan Lee_

 Ryan Lee

 Attorney for Plaintiff

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