ENERGY COMPANIES SOLICITATION AND THE DO NOT CALL LIST

Couple receiving bad news over phone
In seeking new customers, some energy claims may contact people on the Do Not Call List.  Those receiving unwanted solicitation may have claims for compensation and methods to stop the calls.  Here are some excerpts from recent Do Not Call list energy claims.

ALLARD V. SCI DIRECT, INC.
Case No. 16-cv-01033 (M.D. Tenn. Jul. 10, 2017) – .
Un its Answer to the First Amended Complaint, SCI admits that it did not have a written policy for maintaining a do-not-call list. Dkt … training on any general do-not-call list or policy.. In addition, Mr. Halprin claims that he occasionally received leads to call on a “Spice List,” which did not contain … contain previous call dispositions.  Often persons on the Spice List claimed to have previously asked Defendant not to call.

OWENS V. STARION ENERGY, INC.
Case No. 3:16-cv-01912 (VAB) (D. Conn. Jun. 30, 2017) – Cited 0 times.
Plaintiff, brings this putative class action against Starion Energy, Inc. (“Starion … (“Starion Energy” or “Defendant”), alleging violations of the “Do Not Call” provisions of the Telephone Consumer Protection Act (“TCPA”).

KLEIN V. COMMERCE ENERGY, INC.
Civil Action No. 14-1050 (W.D. Pa. Jun. 21, 2017) . This court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367. In his … (“Klein”) claims that numerous telephone calls made to him by Collectcents on behalf of Commerce Energy violated the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227 et seq.,

 

Free Consultation on Your Energy-related Do Not Call List Claim
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ENERGY DO NOT CALL CLAIMS

Couple receiving bad news over phone

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

 

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Home Energy Do Not Call

Home Energy Frauds

The FTC has initiated investigations of home energy fraud schemes.  Some falsely promise savings and others make unsolicited calls on the Do Not Call List.

A press release said,  “It should be clear by now: if you make illegal robocalls to people on the Do Not Call list, you’re headed for trouble. Trouble — in the form of a Federal lawsuit — just found an operation that the FTC says bombarded people with more than 1.3 million robocalls pitching energy savings. .

According to the lawsuit,  companies called people whose numbers are on the Do Not Call Registry, and kept calling after people asked them to stop. Although the companies’ messages said things like “This is an urgent call about your energy bill,” people who pushed a number to get more information didn’t get energy help. They were transferred to  telemarketers, who collected their names and sold them to solar installation companies as leads.

If you get a recorded sales message and you haven’t given the company your written permission to call, the call is illegal. If you get a call like that, don’t press a button to be taken off the call list or to talk to a live person. That just leads to more calls. Instead, hang up and file a complaint at donotcall.gov. If you get unwanted calls from many different numbers, you could look into a call blocking solution. There are online call blocking services, call blocking boxes, and smartphone apps that block unwanted calls. Do an online search to look for reviews from experts and other users, and find out whether there’s a charge for the service.

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