NEW ORLEANS – A Gretna resident alleges a mortgage company unlawfully called him on his cellphone.

Luther Lethem, individually and on behalf of all others similarly situated, filed a complaint on Jan. 13 in the U.S. District Court for the Eastern District of Louisiana against New Day Financial LLC alleging violation of the Telephone Consumer Protection Act.

According to the complaint, the plaintiff alleges that in 2016, he received a call from defendant attempting to solicit the sale of a mortgage or related products without his prior express written consent. The plaintiff holds New Day Financial LLC responsible because the defendant allegedly placed calls using an automatic telephone dialing system.

The plaintiff requests a trial by jury and seeks judgment in his favor for all damages, including $500 per TCPA violation and up to $1,500 for each willful violation, award for all expenses for this action and such other just and proper relief. He is represented by Roberto Luis Costales and Emily A. Westermeier of The Costales Law Office in New Orleans and William H. Beaumont of William H. Beaumont Law in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-00354

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U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA 70113

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