The Telephone Consumer Protection Act (TCPA) has been in effect since 1991.Yet even today, thirty years later, some companies still make illegal telemarketing calls, to the annoyance of consumers. The complaint for this class action alleges that Direct Energy, LP makes telemarketing calls using artificial or prerecorded voices, in violation of the TCPA.
The class for this action is all persons in Direct Energy’s Northeast region to whom Direct made a call with an artificial or prerecorded voice, and who did not give Direct the cell phone number called, between September 24, 2017 and the date the class is certified in this case.
Congress passed the TCPA and the Federal Communications Commission (FCC) put forth rules for the law. Among other things, the law forbids businesses from making non-emergency calls to consumer cell phones using an automatic dialing system or an artificial or prerecorded voice unless the business has the consumers’ prior express written consent. The FCC has also detailed requirements for this prior express written consent.
The complaint alleges, “As the FCC has explained, Congress prohibited prerecorded calls because it considered such calls to be costly, inconvenient, and a greater nuisance and invasion of privacy than live solicitation calls.” Furthermore, most consumers with cell phones pay for incoming calls.
As the FCC has explained, Congress prohibited prerecorded calls because it considered such calls to be costly, inconvenient, and a greater nuisance and invasion of privacy than live solicitation calls.
The plaintiff in this case, Holly Newman, got a call on her cell phone in or around January 2019 from Direct Energy.
The complaint suggests that the call may have been somewhat deceptive: Newman “heard a prerecorded message with a robotic voice identifying itself as Direct Energy and informing [Newman] that she was receiving this call in regards to her electricity bill.” After that, the complaint alleges, she “was ultimately connected with a live representative of” Direct Energy who tried to get her to buy solar panels from the company.
Newman claims she had not given Direct her prior express consent to their making telemarketing calls to her cell phone. The call was not for emergency purposes. She has also never been a customer of Direct Energy.
The complaint alleges, “Under the TCPA and pursuant to the FCC’s January 2008 Declaratory Ruling, the burden is on [Direct Energy] to demonstrate that [Newman] provided it with prior express consent” to its calling her.
The complaint alleges knowing or willful and statutory violations of the TCPA.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Direct Energy Prerecorded Voice Calls to Cell Phones TCPA Complaint
October 24, 2021
The Telephone Consumer Protection Act (TCPA) has been in effect since 1991.Yet even today, thirty years later, some companies still make illegal telemarketing calls, to the annoyance of consumers. The complaint for this class action alleges that Direct Energy, LP makes telemarketing calls using artificial or prerecorded voices, in violation of the TCPA.
Direct Energy Prerecorded Voice Calls to Cell Phones TCPA ComplaintCase Event History
Direct Energy Prerecorded Voice Calls to Cell Phones TCPA Complaint
October 24, 2021
The Telephone Consumer Protection Act (TCPA) has been in effect since 1991.Yet even today, thirty years later, some companies still make illegal telemarketing calls, to the annoyance of consumers. The complaint for this class action alleges that Direct Energy, LP makes telemarketing calls using artificial or prerecorded voices, in violation of the TCPA.
Direct Energy Prerecorded Voice Calls to Cell Phones TCPA Complaint