Horizon Solar Power Unsolicited Cell Phone Calls TCPA Class Action

Despite the restrictions of the Telephone Consumer Protection Act (TCPA), some companies still think it’s a smart idea to telemarket to consumer cell phones without permission. The complaint for this class action claims that Hosopo Corporation, doing business as Horizon Solar Power, is one of them. Even worse, the company would not stop calling.

Two classes have been proposed for this action.

• The ATDS Class is all persons within the US who, between June 20, 2014 and June 20, 2018, received solicitation or telemarketing calls from Horizon to their cell phones, made using an automated telephone dialing system or an artificial or pre-recorded voice, where those persons had not consented to receiving such calls.
• The ATDS Revocation Class is all persons within the US who, between June 20, 2014 and June 20, 2018, received solicitation or telemarketing calls from Horizon to their cell phones, made using an automated telephone dialing system or an artificial or pre-recorded voice, where those persons had revoked any previous consent to receive such calls.

Congress passed the TCPA back in the nineties as advances in telephone technology enabled companies to subject consumers to a barrage of unwanted telemarketing calls. With automatic dialing systems and pre-recorded voices, companies could intrude on thousands of consumer with very little effort on their own part. The public outcry at these intrusions eventually resulted in laws regulating phone calls, messages, and faxes.

Of particular concern were calls made to cell phones, since owners typically paid for incoming as well as outgoing calls. This made telemarketing calls not just a nuisance but an expense as well. At this point, companies are not permitted to make non-emergency calls to consumer cell phones using automated dialing systems or artificial or pre-recorded voices unless they have received the consumers’ prior express written consent.

Plaintiff Michael Kiefer began receiving calls on his cell phone from Horizon in or around March 2017, the complaint says. The calls were intended to solicit his use of the company’s services. The complaint claims that the calls were non-emergency calls, that they were made using an automated dialing system, and that at times they used an artificial or pre-recorded voice.

Kiefer had put his phone number on the National Do Not Call Registry well before that, he says. Still, he says that the company called him numerous times within a twelve-month period.

During one of the earlier calls, the complaint says, Kiefer asked the company to stop calling him. This request would revoke any previous consent the company might claim to have. However, the company continued to call him. 

Article Type: Lawsuit
Topic: Consumer
Tags: Failure to List on Internal Do Not Call List, TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer