Vivint Solar Developer Telemarketing Calls TCPA Class Action

According to the Supreme Court, “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.” The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing calls. However, the complaint for this class action claims that Vivint Solar Developer, LLC and National Solar Program violate this law in their calls to consumer cell phones and consumer phone numbers listed in the National Do Not Call Registry.

The class for this action is all persons in the US (a) to whom Vivint Solar or National Solar Program, or a third party acting on their behalf made one or more non-emergency telephone calls (b) to the persons’ cell phone or a number that is charged per call (c) using an automatic telephone dialing system or an artificial or prerecorded voice (d) at any time between August 3, 2016 and the trial of this case.

The Supreme Court quotation above continues, “The Federal Government receives a staggering number of complaints about robocalls—3.7 million complaints in 2019 alone. The States likewise field a constant barrage of complaints…. [T]he Telephone Consumer Protection Act, known as the TCPA, generally prohibits robocalls to cell phones and home phones.”

The TCPA makes it unlawful for telemarketers to place calls to consumer cell phones, using automatic telephone dialing systems (ATDSs) or artificial or prerecorded voices, unless the telemarketer has the consumers’ prior express written consent to receive such calls.

Consumers may also place their phone numbers on the National Do Not Call Registry. Telemarketers are supposed to scrub their lists of any numbers on this registry before making telemarketing calls.

Despite this, plaintiff Joseph Barrett received a prerecorded telemarketing calls on his cell phone on July 16, 2019. At the time, the phone number had been listed on the National Do Not Call Registry for more than a year.

The complaint alleges that this call was made with an ATDS for the following reasons:

  • The call included a prerecorded voice.
  • The call had a spoofed caller ID.
  • The call was a commercial call.
  • Before the call connected to a live person, Barrett heard a click, which is believed to be a sign of an automatic dialer.

The person said he was calling from the National Solar Program and later connected him to a representative.

The representative Barrett spoke to identified himself in a subsequent e-mail as “John Stanasek, a District Solar Manager for Vivint in Massachusetts.

Although the call was supposedly placed not by Vivint but by the purported National Solar Program, the complaint quotes the Federal Communications Commission when it asserts that even if there is no evidence of a formal contract between the seller and the telemarketer, a seller is liable for telemarketing calls if the telemarketer “has apparent (if not actual) authority” to make the calls.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Vivint Solar Developer Telemarketing Calls TCPA Complaint

August 3, 2020

According to the Supreme Court, “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.” The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing calls. However, the complaint for this class action claims that Vivint Solar Developer, LLC and National Solar Program violate this law in their calls to consumer cell phones and consumer phone numbers listed in the National Do Not Call Registry.

Vivint Solar Developer Telemarketing Calls TCPA Complaint

Case Event History

Vivint Solar Developer Telemarketing Calls TCPA Complaint

August 3, 2020

According to the Supreme Court, “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.” The Telephone Consumer Protection Act (TCPA) tries to protect consumers from unwanted telemarketing calls. However, the complaint for this class action claims that Vivint Solar Developer, LLC and National Solar Program violate this law in their calls to consumer cell phones and consumer phone numbers listed in the National Do Not Call Registry.

Vivint Solar Developer Telemarketing Calls TCPA Complaint
Tags: TCPA, Unsolicited Cell Phone Calls, Use of artificial or pre-recorded voice