A proposed class action lawsuit filed in New Jersey claims Pro Custom Solar, LLC, which does business as Momentum Solar, placed autodialed calls advertising its products to consumers without first obtaining express written consent.
The Pennsylvania consumers who filed the case claim they received multiple calls from the defendant, or an agent operating on its behalf, advertising Momentum’s solar energy products and services. The plaintiffs contend that some, if not all, of the calls, which featured pre-recorded voices, were generated and placed en masse by an automatic telephone dialing system (ATDS). Further, according to the case, the calls were made without the prior express written consent of the plaintiffs.
Under the Telephone Consumer Protection Act (TCPA), the use of an ATDS or pre-recorded voice in telemarketing calls is forbidden without the prior express written consent of the recipient, the lawsuit explains. According to the complaint, Momentum Solar was aware that it did not have express written consent to place autodialed calls to the plaintiffs yet violated the statute by continuing to make such calls.
The lawsuit looks to represent a putative class of all U.S. residents who received from the defendant in the last four years at least one telemarketing call that was generated by the same equipment used to call the plaintiffs and placed without the prior express written consent of the recipient. The suit requests an injunction requiring Momentum to stop placing unsolicited calls and compel the company to pay $500 for each alleged TCPA violation to a common fund for the benefit of the proposed class.