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Alpha Gas and Electric Unwanted Telemarketing Calls TCPA Class Action

Alpha Gas and Electric, LLC is in the Energy Choice Ohio program, offering to supply Ohio consumers with electricity and natural gas. The complaint for this class action alleges that Alpha tries to find customers by telemarketing, but in doing so, it violates the Telephone Consumer Protection Act (TCPA).

The Robocall Residential Landline Telephone No Consent Class for this action is all persons in the US who, between October 12, 2017 and the present (1) Alpha, or a third party acting on its behalf, called (2) on the person’s residential landline using an artificial or prerecorded voice, and (3) for whom Alpha did not have prior express consent to call that person’s landline when the call was made.

The complaint alleges, “In recent years, energy suppliers such as Alpha have turned to unsolicited telemarketing as a way to increase their customer base. Widespread telemarketing is a primary method by which Alpha solicits new customers.” To show this, the complaint points to a section of Alpha’s website that seeks “Channel Partners” for things like “tele-sales,” as well as other ads seeking marketers.

The TCPA forbids businesses from placing telemarketing calls to residential phones, using artificial or prerecorded voices, unless the businesses have received prior express written consent. According to the complaint, however, “Alpha has violated, and continues to violate, the TCPA and its implementing regulations by placing, or having placed on its behalf, prerecorded calls to residential landline telephone subscribers (a) who have not expressly consented to receiving such calls and/or (b) who have expressly requested not to receive such calls.”

In this case, plaintiff Roberta Lindenbaum received a call from Alpha on February 12, 2021. The complaint alleges that the call was unsolicited; also, it claims, the call made use of a prerecorded voice and said that the caller wanted to tell Lindenbaum that she had been overcharged by her energy supplier. The complaint refers to the caller, which may have been a third-party telemarketer, as “John Doe Corporation 1.”

When Lindenbaum pressed 1 to speak with a live person, she was connected to a John Doe Corporation 1 representative. The complaint alleges, “John Doe Corporation 1’s phone representative asked [Lindenbaum] for her billing account number and asked if [Lindenbaum] received any government assistance with her utility bill and confirmed that Defendant Alpha would be the energy supplier.”

Lindenbaum had to spend time and energy to figure out who was calling her and why. The complaint alleges that she had never given her prior express written consent to Alpha or the John Doe corporation to call her. Furthermore, her telephone had been on the National Do Not Call Registry since August 2003.

Even if Alpha used a telemarketer to actually make the calls, the Federal Communications Commission (FCC) says its rules for the TCPA “generally establish that the party on whose behalf a solicitation is made bears ultimate responsibility for any violations.”

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Alpha Gas and Electric Unwanted Telemarketing Calls TCPA Complaint

October 12, 2021

Alpha Gas and Electric, LLC is in the Energy Choice Ohio program, offering to supply Ohio consumers with electricity and natural gas. The complaint for this class action alleges that Alpha tries to find customers by telemarketing, but in doing so, it violates the Telephone Consumer Protection Act (TCPA).

Alpha Gas and Electric Unwanted Telemarketing Calls TCPA Complaint

Case Event History

Alpha Gas and Electric Unwanted Telemarketing Calls TCPA Complaint

October 12, 2021

Alpha Gas and Electric, LLC is in the Energy Choice Ohio program, offering to supply Ohio consumers with electricity and natural gas. The complaint for this class action alleges that Alpha tries to find customers by telemarketing, but in doing so, it violates the Telephone Consumer Protection Act (TCPA).

Alpha Gas and Electric Unwanted Telemarketing Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Telephone Calls, Use of artificial or pre-recorded voice