Nationally-recognized residential and commercial energy provider NRG Residential Solar Solutions agreed to a $7 million settlement in response to a Telephone Consumer Protection Act (TCPA) class action lawsuit. Lead plaintiff Michael Dobkin alleged the company of placing unsolicited calls to tens of thousands of consumers, some of which were registered to the Do Not Call Registry.
The calls came as a result of a telemarketing campaign geared to homeowners pitching the sale and installation of a residential solar panel. NRG executed the campaign through the use of an automated telephone dialing systems (ATDS) that regularly placed pre-recorded calls also known as robocalls which are illegal under the TCPA.
The lawsuit also stated that NRG falsely presented themselves to consumers as nonprofit government agencies like the “Clean Planet Program” and “Department of Solar Energy” to purposely mislead individuals which is also a TCPA violation. Particular menu prompts were also obscured or disabled which made it extremely difficult for people to opt-out of future telemarketing call.
NRG denied all allegations, asserting that they did not place any calls without the consumer’s consent and that no calls were autodialed to those on the Do Not Call Registry. A portion of the $7 million settlement is available to all class members who qualify.
This case is likely one of the most convincing TCPA cases in recent years as the defendant was accused of several TCPA violations on such a grand scale. Whereas many other entities face accusations for merely using an ATDS, NRG Residential Solar Solutions allegedly used an ATDS to make pre-recorded calls, called consumers on the Do Not Call Registry, and misrepresented themselves during telemarketing calls.
The TCPA was enacted in 1991 to protect consumers from such invasive telemarketing practices and ensure that telemarketers operated in an honest and reasonable manner. Some other TCPA restrictions include:
- Calling or texting individuals who have withdrawn consent
- Calling residential phone lines
- Using an ATDS to text cell phones
- … and many more
With the statute being in place well over a decade, one would assume that violations would lessen, but the opposite is true. Many entities blatantly disregard TCPA restrictions, banking on the fact that most consumers do not report violations.
Do not allow telemarketers to violate your consumer rights. If you or someone you know is subjected to harassive telemarketing calls, reach out to the Florida TCPA attorneys at The Law Offices of Jibrael S. Hindi. Federal law entitles you to between $500-$1500 per call or text. Contact us today at 1-844-JIBRAEL for a free case evaluation. You pay nothing until Jibrael wins for you.