NEW ORLEANS – A Gretna consumer alleges a mortgage lender contacted him for solicitation purposes without his permission.
Luther Lethem filed a complaint on Jan. 13 in the U.S. District Court for the Eastern District of Louisiana against New Day Financial LLC alleging that the mortgage lending company violated 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 purchase of its home mortgages loans and other related goods and services. The plaintiff holds New Day Financial LLC responsible because the defendant allegedly placed calls using an automatic telephone dialing system and without his prior express written consent.
The plaintiff requests a trial by jury and seeks an order certifying this case as a class action, award for damages, including $500 per violation and up to $1,500 per willful violation of TCPA, expenses of this action and such other relief and as the court deems just and proper. He is represented by Roberto Luis Costales and Emily A. Westermeier of Costales law Office in New Orleans and William H. Beaumont of Law Office of William H. Beaumont in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-00354