According to a recent lawsuit filed by a Nevada man, California-based solar power company Sunrun may be recording consumer phone calls without their knowledge or consent.

Solar Company May Have Violated California Call Recording Laws

Plaintiff Curtis S. of Nevada filed his lawsuit against San Francisco-based Sunrun in August 2019 after the company allegedly recorded Curtis over the phone without his consent. According to Curtis, Sunrun also illegally sent unauthorized automated text message advertisements to his and other consumers’ phones.

Sunrun is a national company that sells and services residential solar power systems. When consumers contact the company to inquire about the solar products, Sunrun follows up with a live sales call meant to persuade consumers to purchase the products.

According to Curtis’s lawsuit, these calls automatically start recording when customers answer the call. Additionally, during these calls, the company allegedly sends automated spam text messages regarding products and services to the customer’s cell phone.

However, Curtis says Sunrun does not always ensure that the consumer has consented to these recorded calls and automated messages. Curtis claims that he was recorded by Sunrun without permission in October 2018, and that during this call, he revoked his consent to be sent automated text messages by the company.

Curtis claims the Sunrun representative acknowledged that he withdrew his consent. However, according to Curtis, he continued to receive automated solicitation messages from Sunrun, and believes that his calls to and from the company continued to be recorded without his knowledge.

Curtis’s class action lawsuit covers anyone in the United States who received a phone call from Sunrun and was recorded without their consent, within a year prior to the lawsuit filing in August 2019. Curtis is seeking statutory damages, as well as costs and reasonable attorneys’ fees for himself and other class members.

California Call Recording Laws

Under California Penal Code 632.7, companies may only record phone calls placed to or from consumers if consumers are informed about the recording at the beginning of the call. Consumers who stay on the line following this disclosure are assumed to have given consent to be recorded.

According to the law, people or entities who violate California call recording lawsmay be subject to fines of up to $2,500, a year in jail or prison, or both the fine and imprisonment. People or entities who repeatedly violate call recording laws may face fines of up to $10,000 and a year in jail or prison.

Victims who file lawsuits against companies who have illegally recorded them without their knowledge or consent may be eligible to recover compensation and punitive damages for these violations. Hiring a qualified attorney to represent you may make it more likely for you to win your case and receive compensation.

Curtis’s Sunrun Recording Lawsuit is Case No: 3:19-CV-04548, filed in the United States District Court for the Northern District of California, San Francisco Division.