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District Court Rules Ocwen used ATDS to Call Individual

The United States District Court for the Southern District of Florida recently held that Ocwen Loan Servicing, LLC violated the Telephone Consumer Protection Act (TCPA) by calling an individual’s cell phone using an automatic dialer system without his consent. In Jones v. Ocwen Loan Servicing, LLC, Case No.: 0:16-cv-62967 (S.D. Fla. Jan. 29, 2018), the Court granted in part plaintiff’s motion for partial summary judgment holding Ocwen violated the TCPA by calling the plaintiff using an automatic dialing system after the plaintiff had told Ocwen to stop calling him on his cell phone. The Court went on to state there were many issues left to be resolved at trial, including scope of plaintiff’s consent, amount of calls using an automatic dialing system, and whether any of those calls were willful violations. This decision is important because it shows that Ocwen’s dialing system, which consists of two programs working together, falls under the definition of an automatic dialing system as defined by the TCPA.

If you believe that you are receiving auto-dialed or pre-recorded phone calls from Ocwen Loan Servicing, LLC or any other company who is attempting to collect a debt, you should contact a qualified attorney immediately. For more information about TCPA violations or on filing a case, please visit our website. Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems.Contact us to see how we may be able to help you.