Emily Sortor  |  February 25, 2020

Category: Legal News

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Spam cell phone calls are annoying.Customers have filed a class action lawsuit against Public Service Enterprise Group Inc., saying the energy company violated federal law by sending prerecorded spam cell phone calls without the recipients’ consent.

The PSEG class action lawsuit was filed by New Jersey resident Carrie Muller. She says that her number is listed on the National Do Not Call list, but this did not stop PSEG from calling her. Allegedly, she received multiple calls from the company over the last year.

According to Muller, these calls disregarded her privacy and violated the Telephone Consumer Protection Act, a federal law that limits telemarketing. The law was first implemented in 1991, but has since been updated as communications technology has advanced. Muller goes on to argue that she was not the only person who received these calls — she says that many other people received bothersome and unwanted telemarketing calls.

The energy company spam calls class action lawsuit asserts that the TCPA defines telemarketing as a call, text, or voicemail designed to advertise a good or service, and according to the claims, PSEG’s calls qualified as such. 

Muller argues that specifically, the calls promoted “the future purchase or investment in property, goods and/or service soliciting [individuals] to use [PSEG’s] energy service”. Allegedly, the company advertised a promotion that would give new customers a 25 percent discount on the new customers’ energy bill.

The PSEG class action lawsuit also says that Muller, and many other recipients of the calls, did not give their consent to receive the calls. According to Muller, these calls violated the TCPA because the law prohibits businesses from making telemarketing calls without getting the recipient’s prior, express consent. The Federal Communications Commission explains that the TCPA was updated most recently to require businesses to get express consent before sending telemarketing calls, and prohibiting them from leaning on an “established business relationship” to imply that consent had been given.

Allegedly, these spam cell phone calls violated Muller’s privacy, and caused her actual harm. Muller says she has spent two to three minutes reviewing each of the company’s messages. She says that for each message, she “had to stop what she was doing either to retrieve her phone and/or look down at the phone to review the message.”

The TCPA advertising class action lawsuit goes on to assert that the messages also take up memory on her phone, which could eventually lead to the phone being useless because it is so occupied by unwanted messages from PSEG.

Finally, Muller asserts that a class action lawsuit is the best way to handle her claims, because many people suffered similar injuries and received similar spam cell phone calls. She argues that it would be impractical for each person to pursue independent litigation because not each person could afford to file a separate lawsuit, and the court system would be unnecessarily burdened by the claims. 

The PSEG TCPA Spam Calls Class Action Lawsuit is Muller v. Public Service Enterprise Group Inc., Case No. 2:20-cv-01403, in the U.S. District Court for the District of New Jersey.

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

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5 thoughts onPublic Service Enterprise Group Inc. Faces Spam Cell Phone Call Class Action

  1. Nikkk Sykes says:

    Add Me

  2. Robert Goudin says:

    Add me please

  3. WYLMARYE KILLINGSWORTH says:

    Please add me

  4. Janiwana Braylock says:

    Please add me

  5. Evette Franklin says:

    I believe this is one of the companies that phoned me numerous times., in spite of me being on do not call list and request to stop calling.

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