Navient Harrasing Family

[FicoJordan]

Is it legal for Navient to contact my mother about my late payments I am not a minor and do not live with her but they have been calling her non stop discussing my loan

[RobertEG]

The provisions of the FDCPA do not apply to original creditors.

Unless Navient is acting as a debt collector, they are not in violation of the FDCPA or FCRA.

Check your state laws for any restrictions on frequency and content of calls from a creditor.

[FicoJordan]

What do you mean acting as a debt collector?

[FicoJordan]

Also they mentioned to her that she is a cosigner on the loan which isn't true which is why they are calling her for payment. is that grounds for some type of legal action on my part

[davidsl]

https://www.consumer.ftc.gov/blog/when-debt-collection-illegal

^ Please go there. Debt collectors are not allowed to reveal debt to friends, family, employers. They may only call a third-party (mom) once. They may only call subsequently upon invitiation (mom says call back when debtor/you will be home).

Navient/Sallie Mae is notorious for fraudulent collection practices on top of a slew of other questionable loan practices as evidenced by the recent fines levied against them. Don't take their **bleep**.

[Anonymous]

The FDCPA defines a creditor as the person or entity that extended you the credit in the first place. Since the FDCPA is designed to protect debtors against third party debt collectors, it does not apply to your original creditor or its employees. The only exception is when collecting its own debts, a creditor will not be exempt from the FDCPA if it uses a different name that implies a third party is attempting to collect the debt. ("Acting as a debt collector")

[Anonymous]

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@FicoJordan wrote:
Also they mentioned to her that she is a cosigner on the loan which isn't true which is why they are calling her for payment. is that grounds for some type of legal action on my part

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You need to look at the privacy policy they gave you. The Gramm-Leach-Bliley Act only protects you in that Financial Institutions are required to disclose if and when and what kind of information they will share with third parties, and under what circumstances.

If your mom truly isn't a signer, you may have used her as reference to get the loan, allowing them the right to speak with her about it if it becomes past due. There's many, many reasons this could be very legal.

[Anonymous]

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@FicoJordan wrote:
What do you mean acting as a debt collector?

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Simply put, I believe a debt collector is someone the original lender has turned the account over to for collections. So, if Navient is the original lender, they are not held to same regulations as a debt collector would be.

OP, I would recommend that you call Navient and talk to them. There are things, such as forbearance or modified payment plans to help you out. Even if you are in default, you can find out how to get out of default and back into good standing.

[Anonymous]

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@Anonymous wrote:

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@FicoJordan wrote:
Also they mentioned to her that she is a cosigner on the loan which isn't true which is why they are calling her for payment. is that grounds for some type of legal action on my part

---

You need to look at the privacy policy they gave you. The Gramm-Leach-Bliley Act only protects you in that Financial Institutions are required to disclose if and when and what kind of information they will share with third parties, and under what circumstances.

If your mom truly isn't a signer, you may have used her as reference to get the loan, allowing them the right to speak with her about it if it becomes past due. There's many, many reasons this could be very legal.

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