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Trinity Solar Auto-Dialed Cell Phone Calls TCPA Class Action

The Telephone Consumer Protection Act (TCPA) intends to protect consumers against unwanted telemarketing calls. The complaint alleges that Trinity Solar, Inc. violated that law by placing calls with an automated telephone dialing system (ATDS) to consumers’ cell phones.

The class for this action is all persons in the US who received a call from Trinity Solar to their cell phones that was made through the use of an ATDS or an artificial or prerecorded voice, and where those persons had not previously consented to receive such calls, between August 9, 2017 and the date the class is certified in this case.

The plaintiff in this case, Thane Charman, received a call on his cell phone around November 19, 2020, from Trinity, which was trying to sell its services.

The complaint alleges, “When [Charman] answered [Trinity’s] call by saying ‘Hello,’ there was a momentary pause and a ‘bloop’ sound before [Charman] heard another voice.” This kind of pause and/or mechanical sound can indicate the call was placed by an ATDS.

Because he believed that the voice on the end of the line might not be a live person, he asked the person to say the word “giraffe,” so he could tell whether he was interacting with a live person or recording. The complaint claims, “In response, the caller nervously laughed before going silent. [Charman] then said ‘hello?’ which elicited the exact same nervous laugh.”

Later in the call, the voice on the end of the line named a few companies said would be calling Charman for a “free home solar consultation.” Trinity was one of them. According to the complaint, the voice then said, “[J]ust so you know these local installer partners may use an automatic dialing system just like what I’ve used today to contact you at this number.”

The call is a violation of the TCPA, the complaint alleges, for a number of reasons: it was not made for emergency purposes, an ATDS was used, it was placed to a cell phone number, Charman is not a Trinity customer and never provided any personal information, and Trinity never received any prior express written consent to call Charman’s cell phone.

The complaint alleges both negligent violations and knowing and willful violations of the TCPA. Negligent violations can lead to statutory damages of up to $500 per call, while willful or knowing violations can lead to statutory damages of up to $1,500 per call.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Trinity Solar Automated Cell Phone Calls TCPA Complaint

August 9, 2021

The Telephone Consumer Protection Act (TCPA) intends to protect consumers against unwanted telemarketing calls. The complaint alleges that Trinity Solar, Inc. violated that law by placing calls with an automated telephone dialing system (ATDS) to consumers’ cell phones.

Trinity Solar Automated Cell Phone Calls TCPA Complaint

Case Event History

Trinity Solar Automated Cell Phone Calls TCPA Complaint

August 9, 2021

The Telephone Consumer Protection Act (TCPA) intends to protect consumers against unwanted telemarketing calls. The complaint alleges that Trinity Solar, Inc. violated that law by placing calls with an automated telephone dialing system (ATDS) to consumers’ cell phones.

Trinity Solar Automated Cell Phone Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of Automatic-Capable Dialer