Top Class Actions  |  October 13, 2020

Category: Closed Class Actions

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This settlement is closed!

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Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation

UPDATE: The Horizon Solar Power Unwanted Calls Class Action Settlement was granted final approval on February 5, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.


Horizon Solar Power has agreed to pay $800,000 to resolve claims that it violated the Telephone Consumer Protection Act (TCPA) with unsolicited telemarketing calls. Under the terms of the deal, consumers can collect cash payments.

The settlement benefits individuals who received unsolicited telemarketing calls from Horizon Solar Power between Oct. 16, 2017, and Dec. 8, 2017.

Plaintiff Jeremiah Davila-Lynch filed his class action lawsuit against Horizon Solar Power in January 2018. According to Davila-Lynch, he and other consumers received unsolicited calls from the solar power company. These calls were allegedly placed using an automatic dialing system and prerecorded messages without consumer consent.

“Horizon Solar engages this use of this equipment because it allows for thousands of automated calls to be placed at one time, but telemarketing representatives, who are often paid by the hour, only talk to individuals who pick up the telephone,” the Horizon Solar Power class action lawsuit contends.

“Through this method, Horizon Solar shifts the burden of wasted time to the consumers it calls with unsolicited messages.”

According to Davila-Lynch, these calls violated the federal Telephone Consumer Protection Act, or TCPA.

Under TCPA, businesses must have express prior written consent before sending automated telemarketing calls, texts or faxes to consumers. This includes communications sent using an automatic dialing system and/or a prerecorded message.

Businesses that fail to follow TCPA regulations may be ordered to pay up to $1,500 in damages for each violation — i.e. each call, text or fax they send.

Davila-Lynch argued Horizon Solar Power was liable to pay him and other consumers these damages because they had never consented to receiving the automatic telemarketing calls.

Horizon Solar Power has not admitted any wrongdoing but has agreed to resolve the claims against it by paying $800,000 into a settlement fund.

Payments from the settlement fund will be distributed on a pro rata basis, meaning consumers will receive a proportional share of the settlement fund. Exact payment amounts will depend on the number of claims filed and the net settlement fund amount after fees and costs are deducted.

If settlement checks remain uncashed, the funds may be used for a second round of payments. This would only move forward if cash payments would be more than $5 per claimant.

In order to benefit from the Horizon Solar Power class action settlement, Class Members must file a valid claim form by Dec. 9, 2020.

The deadline for exclusion and objection in the settlement is Dec. 9, 2020. The final approval hearing for the Horizon Solar Power settlement is scheduled for Jan. 15, 2021.

Who’s Eligible

Individuals who received unsolicited telemarketing calls from Horizon Solar Power between Oct. 16, 2017, and Dec. 8, 2017.

Potential Award

Cash payments.

Payments from the settlement fund will be distributed on a pro rata basis, meaning consumers will receive a proportional share of the settlement fund. Exact payment amounts will depend on the number of claims filed and the net settlement fund amount after fees and costs are deducted.

If settlement checks remain uncashed, the funds may be used for a second round of payments. This would only move forward if cash payments would be more than $5 per claimant.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/09/2020

Case Name

Davila-Lynch v. HOSOPO Corporation, et al., Case No. 1:18-cv-10072-FDS, in the U.S. District Court for the District of Massachusetts

Final Hearing

01/15/2021

Settlement Website
Claims Administrator

HOSOPO TCPA Settlement Administrator
c/o KCC Class Action Services
P.O. Box 43501
Providence, RI 02940-3501
admin@horizoncallssettlement.com
1-866-714-9374

Class Counsel

Anthony Paronich
Edward A. Broderick
PARONICH LAW PC

Alex M. Washkowitz
Jeremy Cohen
CW LAW GROUP PC

Defense Counsel

Thomas C. Blatchley
GORDON REES SCULLY MANSUKHANI LLP

Join a Free TCPA Class Action Lawsuit Investigation

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.

GET A FREE CASE EVALUATION NOW

 

 

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11 thoughts onHorizon Solar Power Unwanted Calls Class Action Settlement

  1. J. Santos says:

    We received a letter in regards to this settlement. It said we am approved, but in order to receive the money, an included Form W-9 must be completed. It asks for a social security number. Is this legitimate? It looks real and states it is from HOSOPO TCPA Settlement Administrator. But we get nervous giving out a social security number. It says it is needed due to IRS tax reporting regulations given that the settlement payment is over $600. Thanks for any insight you can provide. I want to be certain the mailing was not a scam.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.