Joanna Szabo  |  December 6, 2019

Category: Legal News

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PACE loan program calling man without his consentPeople across the country are becoming more and more inundated with unwanted telemarketing calls and text messages. The Telephone Consumer Protection Act (TCPA) is meant to protect consumers from these kinds of unwanted telemarketing communications, but some companies choose to flout these regulations.

Consumers claim that certain Property Assessed Clean Energy (PACE) lenders have violated the TCPA in calling and texting them with unsolicited messages. If you have received an unwanted phone call or text messages from a PACE loan program, you may be able to join this class action lawsuit investigation and pursue compensation.

What is a PACE Loan Program?

Essentially, property assessed clean energy (PACE) is a financing model specifically used for funding home improvements that are “clean”—that is, energy efficient. There are also PACE programs intended for such improvements on commercial properties as well, sometimes known as C-PACE.

The PACE Program is overseen by the U.S. Department of Energy (DOE) and was launched in 2010. So far, 20 states have these PACE programs available for commercial properties, and three states (California, Florida, and Missouri) have PACE programs available for residential properties.

Unfortunately, a growing number of consumers are claiming that they have been targeted by PACE lenders with unsolicited telemarketing messages. Consumers say that these lenders have used a variety of methods to contact them, including texts, robocalls, and pre-recorded messages, and claim that these communications violate the Telephone Consumer Protection Act (TCPA).

According to the LA Times, the FBI was investigating Renovate America, one of the largest PACE lenders, back in 2017, looking into how the company marketed its financing options to customers.

What is the TCPA?

The Telephone Consumer Protection Act (TCPA) was introduced back in 1991 to protect consumers from unwanted solicitation using technology. As technology has advanced, so too has the TCPA expanded to address the new methods of contacting consumers that become available.  =

As of 2012, the TCPA requires that consumers give prior express written consent before they can be contacted with telemarketing calls and texts. Consumers must be given the choice of whether or not to opt in to receiving such calls or texts. Without this consent, businesses—including PACE lenders— may be acting in violation of the TCPA, which may mean that the consumer is eligible for compensation.

Under the TCPA, awards are given per violation, and can be up to $1,500 each if they were made knowingly or willfully, or a $500 award for violations made negligently.

Can I Pursue Pace Loan Program Litigation?

If you have been affected by texts or calls from a PACE lender or other company in violation of the TCPA, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free PACE Loan TCPA Lawsuit Investigation

If you received unsolicited text messages, robocalls, pre-recorded messages, and/or ringless voicemails from a PACE lender, you may qualify to join a FREE PACE Loan TCPA lawsuit investigation.

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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