Solar Xchange Facing Lawsuit Over Alleged Robocalls
Doane v. Solar Xchange, LLC et al.
Filed: April 4, 2024 ◆§ 1:24-cv-10868
Solar Xchange and its CEO face a lawsuit filed by a consumer who claims to have received numerous unsolicited telemarketing calls from the company.
Massachusetts
Solar Xchange and its CEO face a lawsuit filed by a Massachusetts consumer who claims to have received numerous unsolicited telemarketing calls from the company despite his phone number’s inclusion on the National Do Not Call Registry.
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The 21-page lawsuit alleges Solar Xchange, whose call centers generate leads for third-party residential solar energy company Vision Solar, has run afoul of the federal Telephone Consumer Protection Act (TCPA) by repeatedly calling without prior consent the plaintiff and millions of other consumers whose numbers are on the National Do Not Call Registry.
The solar panel robocall lawsuit claims that Solar Xchange has, since at least 2020, placed hundreds of thousands of unlawful telemarketing calls, often falsely identifying itself as “Energy Exchange” or misleading consumers into believing it was affiliated with a state government program or local utility company.
The plaintiff says that, throughout October and November 2020, Solar Xchange contacted him more than 10 times from various numbers and purported to represent different companies. The calls used prerecorded messages and “spoofed” telephone numbers that the man later determined to be inoperable, the case shares.
In addition, the complaint charges that the agents the plaintiff spoke with did not, at any point, identify themselves as representatives of Solar Xchange or Vision Solar. Per the filing, the appointment confirmation email the man received after scheduling an at-home consultation similarly failed to indicate a link to either company. According to the lawsuit, the plaintiff only learned of Vision Solar’s involvement when one of its agents arrived for the scheduled appointment.
The plaintiff contends that he never consented to be contacted by Solar Xchange, and claims that the alleged unsolicited telemarketing calls continued even after he requested that the company stop calling him.
The suit claims that Solar Xchange, despite being well aware of its obligations under the TCPA, placed more than half its calls to numbers on the National Do Not Call Registry between August 2021 and June 2022.
Notably, the U.S. Department of Justice in July 2023 filed a lawsuit over the company’s illegal telemarketing practices, which culminated in a nearly $14 million fine. Solar Xchange, owner and CEO Mark Getts and, in this case, Vision Solar were also permanently barred by the Federal Trade Commission from “annoying and harassing consumers with repeated telemarketing calls,” and from placing any further calls to numbers on the National Do Not Call Registry without express consent.
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