Infinity Energy Hit with Class Action Over Alleged Robocalls

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A proposed class action alleges Infinity Energy Inc. has placed prerecorded calls to consumers’ cell phones without obtaining prior express consent to do so.

Per the complaint, the residential and commercial solar energy equipment supplier has engaged in “aggressive unsolicited marketing” to promote its products and services, harming “thousands of consumers” in the process.

The lawsuit claims the defendant’s prerecorded calls to consumers who never consented to receive them amount to violations of the Telephone Consumer Protection Act, which prohibits the use of an automatic telephone dialing system to place non-emergency calls without a recipient’s prior express written consent.

The plaintiff says he received a call to his cell phone from Infinity Energy on January 20, 2020, after which the defendant left a voicemail that contained the following prerecorded message:

On January 27, the plaintiff allegedly received another voicemail after not answering the defendant’s call:

According to the case, Infinity Energy caused several other voicemails to be sent to the plaintiff with “the exact or substantially identical message” throughout 2020. The plaintiff claims that upon listening to the voicemails, which came from the phone numbers 916-619-0609 and 916-877-9565, he was “easily able to determine” that the messages were prerecorded.

Per the complaint, the plaintiff, whose number has been listed on the National Do Not Call Registry since July 2016, never provided the defendant with his express consent to be contacted with a prerecorded call.

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