All American Power and Gas PA, LLC has been named in a proposed class action lawsuit that alleges the utility company has placed unlawful robocalls to consumers’ cell phones without authorization.
Alleging violations of the Telephone Consumer Protection Act (TCPA), the lawsuit claims All American Power and Gas used automatic telephone dialing technology to make prerecorded calls without securing recipients’ prior express consent to do so. According to the case, this practice has allowed the company to place “the burden of wasted time” onto consumers rather than its sales agents.
“The company engages in use of this equipment because it allows for thousands of automated calls to be placed at one time, but its sales representatives, who are paid based on sales they complete, or on an hourly basis, only talk to individuals who respond,” the complaint says.
The plaintiff claims he received in June 2020 a telemarketing call to his cell phone that contained the following prerecorded message:
“Hello. This is an apology call from your electric utility. You got overcharged by your third-party supplier. You will be receiving a rebate check along with a thirty percent discount on your electric and gas bill. Please press one to get your rebate check.”
After pressing one to find out the identity of the caller, the plaintiff was connected with an agent who informed him that All American Power and Gas could provide a better price for his electricity than he was currently paying, the lawsuit relays. Per the complaint, the plaintiff then participated in a verification process provided by Verbatim TPV.
The lawsuit alleges the plaintiff and other call recipients were harmed by the automated calls in that All American Power and Gas deprived them of the use of their cell phones, caused them to be charged for the calls, and invaded their privacy.
“Moreover, these calls injured Plaintiff because they were frustrating, obnoxious, annoying, were a nuisance and disturbed the solitude of Plaintiff and the class,” the complaint reads.
The plaintiff looks to represent anyone in the U.S. who, within the past four years, received a telemarketing call from the defendant or its agent that contained an identical or substantially similar prerecorded message to that received by the plaintiff.
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