Texpo Power, LP is the defendant in a proposed class action accusing the company of violating the Telephone Consumer Protection Act (TCPA) by placing unsolicited telemarketing calls to potentially thousands or even millions of people en masse.
The company – a retail electric provider that does business as YEP Energy – allegedly left a pre-recorded message for the plaintiff in July 2018 that stated the following:
“Thank you for being a valued customer of PECO Energy, formerly Philadelphia Electric Company. The following is an important update regarding your account. Starting this month all current customers that have not missed a payment in the past six months may now be eligible for a discount up to fifteen percent on their monthly bill. If you would like to check your eligibility for this discount simply press one on your phone now.”
According to the lawsuit, the defendant did not have PECO Energy’s permission to send these messages to its customers and violated the TCPA by failing to obtain prior express written consent from proposed class members before calling them. The lawsuit further claims that such messages were misleading in that they were “intended to make recipients think the call was coming from, or in affiliation with, PECO,” when they were simply part of the defendant’s plan to sell its own goods and services.