Amigo Energy Hit with Class Action in Texas Over Alleged Debt Collection Robocalls

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Amigo Energy faces a proposed class action over its alleged practice of placing debt collection robocalls to consumers with whom it has no preexisting relationship and even after they’ve requested that the calls stop.

According to the 10-page case, defendant Fulcrum Retail Energy, who does business as Amigo, has violated the Telephone Consumer Protection Act and Texas Debt Collection Act by placing repeated, automated debt collection calls without first securing recipients’ consent to do so.

The plaintiff in the case, a Dallas, Texas resident, claims to have received more than 100 phone calls from Amigo Energy despite “repeatedly” informing the company’s representatives that they were calling the wrong person.

Per the case, the defendant began calling the plaintiff in November 2021 and left prerecorded voicemail messages asking for a return call. When the plaintiff spoke with Amigo Energy’s representatives, she was informed that they were seeking past due payments owed by an individual named “Pedro,” the suit relays. The plaintiff, who the case claims had no prior relationship with Amigio, says she informed the company on many occasions that she did not know the person for whom the calls were intended and demanded that the communications cease.

The lawsuit alleges, however, that Amigo Energy, despite acknowledging its mistake “on a number of occasions” and insisting that the plaintiff’s number would be removed from its calling list, “persisted in bombarding” the consumer’s cell phone with “unnecessary and unwanted collection efforts.”

According to the complaint, Amigo Energy has called the plaintiff up to three times a day, often “in short succession,” despite her many requests that the calls cease.

The plaintiff says she has experienced “significant distress and aggravation” as a result of the defendant’s alleged prerecorded and persistent collection calls. According to the suit, the plaintiff’s experience is not unique but “indicative of a pattern and practice” whereby Amigo Energy places collection calls to consumers with whom it has no relationship and continues calling them, even after they’ve requested that the calls cease.

The case looks to cover Texas residents to whose cell phones the defendant placed collection calls using prerecorded or artificial voice messages absent their prior consent within the past four years and through the date of class certification.

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