Kinnamon v. Ditech Financial, LLC (U.S. District Court, Eastern District of Missouri, Case No. 4:16-cv-00646)
In a class action complaint, Lemberg Law is representing Christina Kinnamon, who is suing Ditech Financial, LLC for alleged violations of the Telephone Consumer Protection Act (TCPA). The complaint alleges that Ditech Financial robocalled Ms. Kinnamon’s cell phone without her consent in violation of the TCPA.
Ditech Financial provides home loan origination and loan servicing in offices across the United States. Ms. Kinnamon says that Ditech Financial called her cell phone using an automated telephone dialing system in an attempt to reach a consumer named “Ron.” Ms. Kinnamon answered several of Ditech Financial’s phone calls, told them that Ron couldn’t be reached at her number, and asked Ditech Financial to stop calling her cell phone. Even though they were calling the wrong number, Ditech Financial continued to call Ms. Kinnamon’s cell phone, sometimes multiple times a day. Ms. Kinnamon is not one of Ditech Financial’s customers, and has never given them her cell phone number.
The proposed class of people represented are those in the U.S. who, between May 10, 2012 and May 10, 2016, were not in a contractual relationship with Ditech Financial and who received Ditech robocalls.
Update: The case is in its discovery phase.