Verde Energy USA, Inc. is an energy supply company. The complaint for this class action alleges that Verde tries to find customers by telemarketing in violation of the Telephone Consumer Protection Act (TCPA)—and that this is not the first time it has been sued for violating the Act.
The TCPA makes it unlawful for telemarketers to place non-emergency calls to consumer cell phones, using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices, unless it has the prior express written consent of the consumers to receive such calls. The complaint says, “Ultimately, [Verde] is responsible for verifying telephone number ownership and obtaining consent before placing prerecorded calls to residential telephone subscribers.”
The plaintiff in this case, Mark Metzler, received an unsolicited, prerecorded call from Verde on his cell phone on December 28, 2019. The recording said that the call had been made to offer Metzler discounted electricity and gas. Metzler pressed “1” as requested to reach a live person. The person identified himself as “Tom” and said he was calling from Verde Energy. He told Metzler he could receive 20% off his electricity bill.
A few minutes after this call, Metzler received another unsolicited, prerecorded call on his cell phone. Again, Metzler spoke to a representative who said he was calling from Verde. The representative asked him for his electrical utility information.
The complaint alleges that Metzler had never given his permission for Verde to call him on his cell phone. His cell phone number has also been on the National Do Not Call Registry since 2010.
Two classes have been proposed for this action.
The No Consent Class is all persons in the US who, between March 25, 2016 and March 25, 2020, were sent a prerecorded message from Verde or someone acting on Verde’s behalf, to their cell phone numbers, that were not for emergency purposes and for which Verde had not obtained the persons’ prior express written consent.
The Do Not Call Registry Class is all persons in the US who, from March 25, 2016 on, (1) were sent a prerecorded message by or on behalf of Verde (2) more than once within any twelve-month period (3) where the persons’ phone numbers had been listed on the National Do Not Call Registry for at least thirty days, (4) for the purpose of selling Verde’s products and services, and (5) from whom Verde claims either that it did not obtain prior express written consent or from whom it obtained prior express written consent in the same manner as it supposedly obtained it from the plaintiff in this case.