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Solar America Class Action Alleges Violation of TCPA

This class action alleges that Solar America, Sunrun, and Clean Energy Experts violated the Telephone Consumer Protection ACT (TCPA) by placing unsolicited telemarketing cell phone calls, some of them to persons who were on the national Do Not Call registry. The TCPA was enacted to protect consumers from intrusive automated telemarketing practices, such as robocalls.

The lawsuit includes two classes:

  • The Robocall class includes all persons in the US who received unsolicited telephone calls from Sunrun, Clean Energy Experts, or Solar America, which were placed using an automatic dialing system or prerecorded voice system, within four years of the filing of this claim.
  • The Do Not Call class includes all persons (1) who had a phone number registered with the Do Not Call registry for at least 30 days; (2) who received more than one telephone call from Sunrun, Clean Energy Experts, or Solar America promoting products or services; (3) within a 12-month period; and (4) for whom these companies have no record of consent to such calls.

Sunrun, Inc., which claims to be the largest dedicated residential solar company in the US, sells residential solar energy systems in fifteen states. Clean Energy Experts is a subsidiary of Sunrun which provides lead generation services for Sunrun and other companies. It operates under the name of Solar America.

The complaint alleges that an important part of Sunrun’s solar energy business is generating qualified leads through telemarketing, promoting its products by touting savings on customer utility bills and the federal Solar Tax Credit. It says that these leads are delivered within 30 to 60 seconds to solar providers, including Sunrun, which convert these leads into sales.

In April 2015, Sunrun acquired Clean Energy Experts, the largest solar lead generation company, for $25 million and 1.9 million shares of common stock. Clean Energy Experts has generated more than one million leads since 2013 and stands to gain another $9.1 million and 600,000 shares of common stock on the transaction provided it meets certain sales targets and other conditions. According to the complaint, Sunrun has direct control over Clean Energy’s/Solar America’s call center operations and staff, monitors their performance metrics, and provides processes and scripts for telemarketers.

The complaint alleges that the companies placed numerous cell phone calls to persons who had not consented to such calls, and that some of the persons called had previously placed their phone numbers on the national Do Not Call registry. It also claims that the calls were made with an automated dialing system and/or a prerecorded message. For all these reasons, it claims, the calls violate the TCPA.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Solar America Complaint Alleges Violation of TCPA

December 2, 2015

This class action alleges that Solar America, Sunrun, and Clean Energy Experts violated the Telephone Consumer Protection ACT (TCPA) by placing unsolicited telemarketing cell phone calls, some of them to persons who were on the national Do Not Call registry. The TCPA was enacted to protect consumers from intrusive automated telemarketing practices, such as robocalls.

solar_america_complaint.pdf

Case Event History

Solar America Complaint Alleges Violation of TCPA

December 2, 2015

This class action alleges that Solar America, Sunrun, and Clean Energy Experts violated the Telephone Consumer Protection ACT (TCPA) by placing unsolicited telemarketing cell phone calls, some of them to persons who were on the national Do Not Call registry. The TCPA was enacted to protect consumers from intrusive automated telemarketing practices, such as robocalls.

solar_america_complaint.pdf
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Your Privacy