Gardner v. Navient LLC
3:24-cv-00198
N.D. Tex.Jun 7, 2024Background
- Tanya Gardner, proceeding pro se, sued Navient Solutions, LLC for alleged violations of the Telephone Consumer Protection Act (TCPA).
- Gardner claimed Navient repeatedly called her cellphone regarding an alleged debt, using an automatic telephone dialing system (ATDS) or prerecorded/artificial voices without her consent.
- Navient moved to dismiss under Rule 12(b)(6) for failure to state a claim.
- The case was referred to a magistrate judge for pretrial management.
- The complaint included call records as exhibits, but not all calls originated from Navient; one key call listed a different company, ECMC, as the caller.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of ATDS Allegations | Navient used an ATDS or prerecorded voice | Complaint lacks plausible facts re: random/sequential number generator | Allegations too conclusory per Supreme Court standard |
| Use of prerecorded/artificial voice | Plaintiff heard a prerecorded message on one call | Complaint does not link this call to Navient | No sufficient link between call and Navient |
| Vicarious liability for third party calls | Third party called at Navient's request; Navient liable | No well-pled agency relationship alleged | No factual basis for vicarious liability |
| Leave to amend | (Implicitly) case should not be dismissed with prejudice | Complaint should be dismissed | Dismissal granted unless Gardner shows a basis to amend |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (Supreme Court clarified pleading standards under Rule 8)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Established plausibility pleading standard)
- Facebook, Inc. v. Duguid, 592 U.S. 395 (Defined ATDS under the TCPA as requiring random/sequential number generation)
- Ybarra v. Dish Network, L.L.C., 807 F.3d 635 (Fifth Circuit on necessity of a prerecorded voice actually playing for TCPA liability)