Kehoe Law Firm, P.C. is making consumers aware that on February 7, 2019, a class action complaint was filed against New Day Financial, LLC, d/b/a Newday USA, and others, as of yet unknown, in United States District Court, Eastern District of California, ” . . . seeking damages and any other available legal or equitable remedies resulting from the [alleged] illegal actions of NEW DAY FINANCIAL, LLC D/B/A NEWDAY USA . . . in negligently, knowingly, and/or willfully contacting Plaintiff on Plaintiff’s cellular telephone in violation of the Telephone Consumer Protection Act, 47. U.S.C. § 227 et seq. (“TCPA”) . . . .”
The complaint against New Day Financial, LLC, d/b/a Newday USA, “a mortgage company,” alleges that the Plaintiff was contacted Plaintiff on Plaintiff’s cellular telephone “in an effort to sell or solicit its services.” According to the complaint, “Plaintiff is not a customer of Defendant’s services and has never provided any personal information, including his cellular telephone numbers, to Defendant for any purpose whatsoever. In addition, Plaintiff told Defendant at least once to stop contacting them. Accordingly, Defendant never received Plaintiff’ “prior express consent” to receive calls using an automatic telephone dialing system or an artificial or prerecorded voice on their cellular telephone pursuant to 47 U.S.C. § 227(b)(1)(A).”
Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?
If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.
To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.