Trinity Solar Hit with Class Action Over Alleged Robocalls

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Trinity Solar Inc. faces a proposed class action over its alleged practice of placing autodialed robocalls to consumers’ cell phones without securing their prior consent to do so.

According to the nine-page case, the Wall, New Jersey-based solar energy company has violated the Telephone Consumer Protection Act (TCPA), a federal law that prohibits entities from using an automatic telephone dialing system (ATDS) to place non-emergency telemarketing calls to consumers’ cell phones unless they first obtain written consent to do so.

The plaintiff, a San Diego County resident, claims that upon answering a November 2020 call from Trinity Solar, there was “a momentary pause and a ‘bloop’ sound” before he heard another voice. Suspecting he was not talking to a live agent, the plaintiff asked the caller to say the word “giraffe” in order to determine whether the voice was prerecorded, according to the suit. In response, the caller seemed to “nervously laugh before going silent,” the case says. When the plaintiff then said “hello?” the caller responded with “the exact same nervous laugh,” according to the complaint. 

Per the lawsuit, the caller later identified several companies, including Trinity Solar, who would purportedly be contacting the plaintiff about his “free home solar consultation,” and warned that the local installers “may use an automatic dialing system just like what I’ve used today to contact you at this number.”

The case claims that the information from the call and the pause and tone when the plaintiff answered the call indicate that Trinity Solar used an ATDS to contact the man for non-emergency telemarketing purposes. According to the suit, the call was unlawful given the plaintiff was not the defendant’s customer and never provided his personal information, including his cell phone number, to Trinity Solar.

The suit looks to represent anyone in the U.S. who, within the past four years and until the date of class certification, received a telephone call from the defendant to their cell phone that was made using an automatic telephone dialing system or an artificial or prerecorded voice and never provided consent to receive the call.

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