in Newswire Published on November 3, 2021

Bright Solar Marketing Facing Class Action Over Alleged Telemarketing Calls

Hagerman v. Bright Solar Marketing LLC

Filed: November 2, 2021 ◆§ 8:21-cv-01830

A lawsuit claims Bright Solar Marketing used automated dialing technology to place prerecorded telemarketing calls to consumers’ cell phones without prior consent.

Defendant(s)

Bright Solar Marketing LLC

Law(s)

Telephone Consumer Protection Act

State(s)

California

Bright Solar Marketing LLC faces a proposed class action over its alleged use of automated dialing technology to place prerecorded telemarketing calls to consumers’ cell phones without securing prior consent to do so.

The lawsuit alleges this “robocalling” practice is prohibited by the Telephone Consumer Protection Act (TCPA), a federal law designed to protect consumers from receiving certain types of non-emergency telemarketing communications without first providing express written consent.

The plaintiff, a Costa Mesa, California resident, claims to have received in April 2021 an unsolicited telemarketing call from Bright Solar Marketing, during which the company attempted to sell the woman solar panels. According to the suit, the plaintiff “has reason to believe” Bright Solar Marketing has used predictive dialing technology to place similar calls to “thousands of wireless telephone customers” without possessing the express written consent required by the TCPA.

According to the suit, Bright Solar Marketing’s “overzealous attempt to market its services” has invaded the privacy of those who received the company’s calls.

The lawsuit states that the TCPA was “designed to prevent calls like the ones described within this complaint” by banning the placement of unsolicited telemarketing calls by way of an automatic telephone dialing system, i.e., technology that has the capacity to store or produce telephone numbers using a random or sequential number generator and then dial those numbers without human intervention.

While the plaintiff is unable to determine with certainty the type of technology used to place the telemarketing calls she received, the consumer alleges that the calls exhibited the tell-tale signs of coming from a predictive dialer:

“Plaintiff makes these allegations on information and belief based on the volume of calls she received, the fact that there was a pause at the beginning of the calls, and the fact that the calls were spoofed, which are all indicia that they were autodialed with a predictive dialer.”

Per the suit, the plaintiff had no business relationship with Bright Solar Marketing before the defendant called her, and never provided prior express consent to be contacted by the company.

The case says the plaintiff “suffered a concrete and particularized injury in fact” as a result of the allegedly unsolicited telemarketing calls:

“The call invaded Plaintiff’s privacy, causing annoyance, wasting her time, consuming use of her smartphone device without authorization, and otherwise invading her privacy and intruding into her personal affairs without permission.”

The plaintiff looks to represent anyone in the U.S. who, within the past four years, received any solicitation/telemarketing phone calls made by or on behalf of Bright Solar Marketing to their cell phone through the use of an automatic telephone dialing system or artificial or prerecorded voice and had not previously consented to receive such calls.

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