A proposed class action alleges energy supplier Great American Power, LLC violated the Telephone Consumer Protection Act (TCPA) by contracting with at least one marketing agency to place automated calls to consumers without their permission.
According to the lawsuit, the agencies contracted by the defendant use an automated telephone dialing system (ATDS) to generate and dial consumers’ numbers before transferring the call to agents who identify themselves as representatives of Great American Power. Calls from the defendant are often “spoofed” to show a fake number, the suit claims, usually in or around the potential customer’s area code.
The lead plaintiff in the case claims she received at least 10 auto-dialed calls from Great American Power or one of its agents. The woman claims that she informed the defendant on at least two occasions that she was not interested in its electric service and requested that the company stop calling, but the defendant refused, the suit states. On one occasion, the plaintiff says, an agent of the defendant informed her they “couldn’t and wouldn’t stop calling.” According to the case, Great American Power continues to call the plaintiff to this day.
Under the TCPA, telemarketing calls placed via an ATDS are forbidden unless the caller receives prior express written consent from the person being called. The suit contends that Great American Power is liable for the actions of its agents, and seeks up to $1,500 in damages for each knowing and willful violation of the TCPA.