SolarCity TCPA Lawsuit Alleges Unlawful Telemarketing Calls

Two plaintiffs have brought forth a proposed class action SolarCity TCPA Lawsuit against the company for its allegedly unsolicited telemarketing calls placed to consumers nationwide.

Plaintiffs Carole Gibbs and Arthur Colby collectively filed the SolarCity TCPA lawsuit on behalf of themselves and the proposed class in federal court in Massachusetts.

Gibbs is a resident of Massachusetts while Colby is a resident of Connecticut.

SolarCity is a company incorporated in Delaware but its headquarters are located in San Mateo, California. It is the largest installer of solar energy systems in the United States, installing more than 230,000 systems since its inception in 2006.

“Unfortunately for consumers, Defendant SolarCity has cast its marketing net to wide in its effort to attract new business. That is, in an attempt to promote its business and to generate leads for its installation services, Defendant conducted (and continues to conduct) a white-scale telemarketing campaign that features the repeated making of unsolicited calls to consumers’ telephones, including cellular telephones and numbers that appear on the National Do Not Call Registry, without consent-all in violation of the Telephone Consumer Protection Act,” the SolarCity TCPA lawsuit reads.

As a result of making these unwanted telephone calls to consumers, the lawsuit says the “Defendant caused Plaintiff’s and members of the Classes action and cognizable legal injury. This includes the aggravation and nuisance and invasions of privacy that resulted from the placement and receipt of such unwanted calls, a loss of value realized for the monies consumers paid to their wireless carriers for the receipt of such calls, and the loss of the use and enjoyment of their cell phones, putting the related data, software, and hardware components, and wear and tear on such components including the consumption of battery life, among other harms.”

Under the provisions of the Telephone Consumer Protection Act, consumers are supposed to be protected against unwanted phone calls placed in solicitation without their consent.

If companies violate the TCPA by placing unwanted phone calls to consumers, consumers can file a lawsuit to recover statutory damages for TCPA violations as the plaintiffs have done.

In addition to just placing phone calls, the plaintiffs allege that SolarCity used an automatic telephone dialing system which also violates provisions of the TCPA.

Both plaintiffs in the SolarCity TCPA lawsuit state that they registered on the National Do Not Call Registry in order to limit the number of soliciting phone calls they received.

The pair also states that at one time they sought additional information from SolarCity about its products, but then kept getting repeated calls without having given consent and after specifically telling the company not to call and removing any prior consent that may have been given.

The plaintiffs in the proposed class have brought forth a number of counts against SolarCity, all alleging that SolarCity violated the TCPA in various ways.

The plaintiffs are looking to represent a total of four Classes, including an Autodial No Consent Class, Autodial Do Not Call Class, Do Not Call Registry Class and Telemarketing Revocation Class.

In addition to seeking class certification, the plaintiffs are seeking actual and statutory damages, a declaration that SolarCity breached numerous violations of the TCPA, an injunction requiring SolarCity to cease all unsolicited calls, attorneys’ fees and costs and any additional relief deemed proper by the Court.

The SolarCity TCPA Lawsuit is Gibbs v. SolarCity, Case No. 4:16-cv-11010, in the U.S. District Court for the District of Massachusetts.

UPDATE: October 2017, the SolarCity telemarketing class action settlement is now open. Click here to file a claim. 

UPDATE 2: On June 18, 2018, Top Class Actions viewers who filed a valid claim for the SolarCity telemarketing calls class action settlement started receiving checks in the mail worth up to $94.91. Congratulations to everyone who filed a claim and got PAID!

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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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