/>iSo Queenie, the Dame, Selah (Moon) and I all attended the Solar Lead Generation Summit yesterday (great show) and wouldn’t you know it– I come home and see US SOLAR QUOTES LLC D/B/A US SOLAR CONNECT was sued in a TCPA class action that very day.
The new suit–brought by a guy named David Tom who has the most egregious case of two first names I have ever seen– alleges calls made using an autodialer to a number on the DNC list without consent.
It also seeks $500-$1,500.00 per call for all calls made to the following classes:
National Do Not Call Registry Class: All persons in the United States
whose (1) residential telephone numbers were on the National Do Not Call
Registry for at least 31 days, (2) but who received more than one
telemarketing call from or on behalf of Defendant, (3) within a 12-month
period, (4) at any time in the period that begins four years before the date of
filing this Complaint to trial.
Florida Telephone Solicitation Act Autodial Class: All persons in the U.S.,
who, (1) received a telephonic sales call from Defendant made from or into
Florida regarding solar goods and/or services, (2) using the same equipment
or type of equipment utilized to call Plaintiff (3) since July 1, 2021.
Unclear how many folks are in the class but the allegations state at least “hundreds” of individuals are. The named Plaintiff allegedly received 5 unwanted calls and assuming that number holds across the class there are at least 1,000 calls at issue–meaning this case carriers risk between $500k- $1.5MM (but I suspect it is MUCH higher.)
That’s all pretty standard fare, but what I find interesting is the allegation that US Solar’s legal department tried to ward Plaintiff off by threatening to sue him for the calls:
This is interesting.
Now it seems possible Plaintiff made a lot of harassing calls to US Solar that are not alleged, but the complaint suggests this was a kneejerk response to Plaintiff’s complaints about the allegedly illegal calls.
Obviously to the extent the warning email was designed to back Plaintiff down off of filing a lawsuit it did not work. Will keep an eye on this one to see where it goes.
