Many consumers have been called for supposed energy or electric savings. Sometimes supposed savings have been exaggerated. Our office is handling claims for annoying calls to people on the Do Not Call List. Here is a recent case report.
“Nancy Owens (“Plaintiff”), brings this putative class action against Starion Energy, Inc. (“Starion Energy” or “Defendant”), alleging violations of the “Do Not Call” provisions of the Telephone Consumer Protection Act (“TCPA”). Compl., ECF No. 1. Starion Energy has moved to dismiss the Complaint for failure to state a claim under Rule 12(b)(6).1 Def. Mot. to Dismiss, ECF No. 23. Starion Energy also seeks to strike several components of the Complaint. Id. For the reasons outlined below, Starion Energy’s Motion to Dismiss is DENIED.
I. FACTUAL BACKGROUND
Ms. Owens alleges that, in September 2016, Starion Energy called her home telephone number multiple times to promote their services. Compl. ¶¶ 14-16. According to Ms. Owens, her home telephone number was listed on the national “Do Not Call” registry at the time of those calls. Id. On September 23, 2016, Ms. Owens allegedly answered the phone to request that Starion Energy stop calling her, and she later wrote to Starion Energy to ask if they had “any evidence of her consent to make these unwanted calls[.]” Id. at ¶ 19. In response, Starion Energy allegedly informed Ms. Owens that her number would be placed on the company’s internal “Do Not Call” registry. Id. at ¶ 20.
According to Starion Energy, the telephone number that they contacted was a business telephone number, not a home telephone number. Def. Mem. in Supp. at 10-11, ECF No. 23-1. While Ms. Owens does not deny that the number in question functions as a business number, she explains that it is a home-based business, thus it is the same as her residential number. Pl. Mem. in Opp. at 15-17, ECF No. 26.
Ms. Owens brings this lawsuit on behalf of all people nationwide whose telephone numbers were registered on the national Do Not Call registry and who received unsolicited telephone calls from Starion Energy up to four years before the filing of the Complaint.”
HAVE YOU RECEIVED UNWANTED CALLS, CALL (973) 598-1980 FOR A FREE CONSULTATION ON YOUR RIGHTS