Solar Panel Seller Smart Energy Hit with Lawsuit Over Alleged Telemarketing Calls

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A proposed class action claims Smart Energy, Inc. has placed robocalls to consumers with cell phone numbers listed on the National Do Not Call Registry and who never consented to be contacted.

The lawsuit alleges the Deerfield Beach, Florida-based defendant has violated the Telephone Consumer Protection Act (TCPA), a law enacted to protect consumers from the “abuses of telephone technology.”

“This is the exact scenarios [sic] Congress attempted to prevent in enacting the TCPA,” the complaint states. “Plaintiff now seeks this Court’s intervention and help in attempting to prohibit this unlawful conduct.”

The plaintiff, a Florida resident, says he received in February 2020 at least six telemarketing calls from Smart Energy for the purpose of advertising solar panels. Per the case, the plaintiff is not a customer of the defendant and has never provided express written consent to be contacted through the use of automated dialing technology. Moreover, the plaintiff’s cell phone number had been listed on the National Do Not Call Registry for more than 31 days prior to the first call, the lawsuit says.

On two occasions, the plaintiff allegedly answered the defendant’s calls and was met with a period of silence before Smart Energy’s agent came on the line, which, according to the case, is a tell-tale sign that an automatic telephone dialing system was used to place the calls.

Per the suit, the defendant violated at least two provisions of the TCPA by using an automatic telephone dialing system to place non-emergency calls to consumers’ cell phones without securing consent to do so and by placing more than one call within a 12-month period to a number listed on the National Do Not Call Registry without permission to do so.

“All of the calls were willful and knowing violations of the TCPA,” the complaint charges.

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