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SunPower and Modernize Unwanted Telemarketing Calls TCPA Class Action

In 1991, when Congress passed the Telephone Consumer Protection Act (TCPA), telemarketers were making more than 18 million calls to Americans every day. By 2003, that number had risen to 104 million per day. Industry data suggests that by June 2020, calls had increased to 3.3 billion per month. The complaint for this class action alleges that SunPower Corporation, Modernize, Inc., and QuinStreet, Inc. are all adding to the total number of unwanted calls.

SunPower designs and makes solar panels. Modernize runs a platform to connect consumers with service providers like SunPower. It places telemarketing calls to consumers and has a page on its website that the complaint says is “specifically designed to generate quotes on behalf of SunPower.” QuinStreet has merged with or acquired the assets of Modernize.

The complaint argues that Modernize violated the TCPA willfully and knowingly: “In fact, in 2019, Modernize paid $800,000 to settle a TCPA class action based, in part, on telemarketing calls made in violation of the TCPA.”

The complaint says that Modernize made an unsolicited call to plaintiff Tyler Baker’s cell phone on May 14, 2020. Baker did not pick up that call, but Modernize left a prerecorded voicemail that began, “Hello, I’m calling on behalf of SunPower Solar. We see that you were thinking about lowering your energy costs with solar energy. We would love to get you set for an energy consultation to learn the many benefits of switching you home to Solar…”

Baker received another two calls with prerecorded voicemails from the parties on June 2 and 3.

The complaint contends that “Modernize was and is aware that the above-described telephone calls were being made either by it directly, or made on its behalf, and that the telephone calls were being made to consumers who had not provided prior express written consent to receive them.”

Also, Baker had put his cell phone number on the National Do Not Call Registry back in November 2004.

The complaint proposes three classes and a subclass for this action.

The Prerecorded Class is all persons in the US who, between February 1, 2017 and the date of trial in this case, received a call made by or on behalf of the defendants in this case that (1) were promoting home improvement products or services, (2) using an artificial or prerecorded voice, (3) for which calls the defendants did not have any current record of prior express written consent from those who received the calls.

In addition to the Prerecorded Class, the complaint proposes a Prerecorded Sunpower Subclass, a Do Not Call Class, and a SunPower Do Not Call Class.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

SunPower and Modernize Unwanted Telemarketing Calls TCPA Complaint

February 1, 2021

In 1991, when Congress passed the Telephone Consumer Protection Act (TCPA), telemarketers were making more than 18 million calls to Americans every day. By 2003, that number had risen to 104 million per day. Industry data suggests that by June 2020, calls had increased to 3.3 billion per month. The complaint for this class action alleges that SunPower Corporation, Modernize, Inc., and QuinStreet, Inc. are all adding to the total number of unwanted calls.

SunPower and Modernize Unwanted Telemarketing Calls TCPA Complaint

Case Event History

SunPower and Modernize Unwanted Telemarketing Calls TCPA Complaint

February 1, 2021

In 1991, when Congress passed the Telephone Consumer Protection Act (TCPA), telemarketers were making more than 18 million calls to Americans every day. By 2003, that number had risen to 104 million per day. Industry data suggests that by June 2020, calls had increased to 3.3 billion per month. The complaint for this class action alleges that SunPower Corporation, Modernize, Inc., and QuinStreet, Inc. are all adding to the total number of unwanted calls.

SunPower and Modernize Unwanted Telemarketing Calls TCPA Complaint
Tags: Called Number on Do Not Call Registry, TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice