Class Action Filed Over Alleged Discount Power Robocalls Advertising Electric Bill Savings

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Discount Power, Inc. faces a proposed class action over its alleged practice of placing robocalls that advertise the company’s energy services to consumers who never provided their consent to be contacted.

The nine-page lawsuit claims the calls violated the Telephone Consumer Protection Act (TCPA) given they were placed using technology “capable of generating thousands of similar calls per day” to cell phone and residential phone numbers owned by consumers who had never given the company permission to call them.

Per the case, Discount Power uses this technology because it allows for thousands of calls to be placed at a time while the company’s sales agents, who are paid hourly or based on completed sales, need to speak with only consumers who respond.

“Therefore, the Defendant shifts the burden of wasted time onto consumers,” the complaint contests.

The plaintiff claims to have received in August 2021 a call from the energy services company that played the following prerecorded telemarketing message:

According to the case, the plaintiff had received at least three prior calls that contained the same prerecorded message, and pressed “one” on his phone in order to identify the caller. The sales agent informed the plaintiff that he was calling on behalf of Discount Power, who the agent said could provide the man with a better price for electricity than his current provider, the complaint relays. The suit says the plaintiff then agreed to undergo a recorded verification process, through which he was informed that “Trusted TPV” was conducting the verification on behalf of Discount Power.

The complaint claims other consumers have complained online about Discount Power’s alleged telemarketing practices, with one individual stating to the Better Business Bureau that the defendant is behind robodialed calls that begin with “This is an apology call,” purportedly from the recipient’s energy provider.

The lawsuit alleges the plaintiff and other call recipients were harmed by the defendant’s practices, which the suit says temporarily deprived them of use of their phones, caused them to be charged for calls they never consented to receive and invaded their privacy.

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