Sunlight Solar Unwanted Telemarketing Calls TCPA Class Action

The Telephone Consumer Protection Act tries to give consumers some say in who is allowed to contact them with telemarketing messages. The complaint for this class action alleges that Sunlight Solar, Inc. violated this law by contacting consumers on their cell phones without their prior express written consent.

In the 1980s and 1990s, as automated telecommunications equipment became more readily available, consumers experienced a flood of largely unwelcome telemarketing calls. Congress passed the TCPA as a way of stemming this tide and giving consumers greater control over who was allowed to telemarket to them.

Of particular concern were calls to cell phones. Since cell phone owners typically pay for incoming as well as outgoing calls, telemarketing calls shift some of a business’s advertising costs onto the consumer. The calls become not just a nuisance but also an expense.

The TCPA makes it unlawful for businesses to make non-emergency calls to consumer cell phones, using an automatic dialing system or an artificial or prerecorded voice, unless the business has the consumer’s prior express written consent to receive such calls. The rules and regulations for the law set forth how that consent may be obtained.

In this case, plaintiff Don Hildre received a call on his cell phone from a party identifying itself as Sunlight Solar. The call came in on January 27, 2020. The call was an attempt to convince Hildre to buy solar panels.

The company called Hildre multiple times after that, the complaint says, and each time, when Hildre picked up, there was a noticeable pause before a live telemarketer came on the line. The complaint takes this as a sign that the company was calling using an automatic dialing system.

Hildre was unable to avoid the calls, as Sunlight or its agent spoofs its number, allegedly so that the calls cannot be definitively attributed to it.

Hildre asserts that he never had a business relationship with Sunlight and that he never gave the company his cell phone number. In fact, he claims he had never even heard of the company before it began calling him.

The class for this action is all persons in the US who received a call from Sunlight or its agents or employees, not for emergency purposes, on their cell phones, made with the use of an automatic telephone dialing system or artificial or prerecorded voice, without their consent, between February 21, 2016 and February 21, 2020.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Sunlight Solar Unwanted Telemarketing Calls TCPA Class Action

February 21, 2020

The Telephone Consumer Protection Act tries to give consumers some say in who is allowed to contact them with telemarketing messages. The complaint for this class action alleges that Sunlight Solar, Inc. violated this law by contacting consumers on their cell phones without their prior express written consent.

Sunlight Solar Unwanted Telemarketing Calls TCPA Class Action

Case Event History

Sunlight Solar Unwanted Telemarketing Calls TCPA Class Action

February 21, 2020

The Telephone Consumer Protection Act tries to give consumers some say in who is allowed to contact them with telemarketing messages. The complaint for this class action alleges that Sunlight Solar, Inc. violated this law by contacting consumers on their cell phones without their prior express written consent.

Sunlight Solar Unwanted Telemarketing Calls TCPA Class Action
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer