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Have You Received Pre-recorded Messages from an Energy Company?

February 12, 2020

prerecorded phone messages

If you have received prerecorded phone messages from a utility company including electric, solar provider or other energy company, you could be entitled to compensation.

You may be eligible to file a TCPA class action lawsuit with Shamis & Gentile, P.A. to hold your energy or utility company accountable for violating the TCPA and help secure compensation on behalf of yourself and others who received unwanted prerecorded phone messages. Companies that violate the TCPA are subject to statutory penalties of $500 to $1,500 per violation.

What Kind of Automated Calls Can Energy Companies Make?

The Federal Communications Commission (FCC) has clarified that utility companies can legally make automated calls and texts to their customers as long as the communication is sent to the telephone number provided by the customer and the communication concerns matters that are “closely related” to the customer’s utility service.

According to the FCC, this type of communication is not a TCPA violation because the customers provided their number to the utility company and are therefore deemed to have provided their consent to receive calls and texts.

Communications “closely related” to utility services may include calls that warn about service outages or interruptions, provide notification about circumstances that may directly affect the customer’s utility service, warn that non-payment will result in service curtailment, and notify consumers about subsidized or low-cost services for which they may be eligible.

The FCC notes that customers must have the option of opting out of communications from utility companies.

There is a higher standard for marketing calls and text messages. Consumers must provide prior express written consent to receive marketing calls from energy companies, even if they are current customers.

Energy Company Recently Settles TCPA Class Action for $7 Million

In September 2019, an Energy company agreed to pay $7 million to settle a TCPA class action lawsuit that accused the company of sending ringless voicemails to consumers without their permission.

According to the class action lawsuit, the prerecorded phone messages do not cause a consumer’s phone to ring; however, the prerecorded messages show up as voicemail messages otherwise known as Ringless Voicemails.

This is not the first energy company to be accused of TCPA violations over marketing calls, collection calls and servicing calls. Some of these TCPA class action lawsuits have been settled for as much as $15 million.

In some cases, energy companies allegedly misdirected calls about delinquent utility bills to consumers who were not customers and therefore had not consented to receive calls or texts. Other companies have been accused of making unsolicited telemarketing calls to consumers who listed their numbers on the National Do Not Call Registry.

Consumers who receive calls, text messages or faxes that violate the TCPA can take legal action against the company responsible for the communication.

Did you receive pre-recorded phone messages on your phone from a Utility company?

If so, you may qualify to participate in a Shamis & Gentile, P.A. class action lawsuit investigation into whether these companies may have violated the Telephone Consumer Protection Act (TCPA) with these prerecorded phone messages. The TCPA prohibits companies from contacting consumers by phone, text, or fax unless the consumer has consented to the communication.

Energy companies are allowed to contact their customers about important information relating to their service, but there are some limitations, especially if the communication involves a pre-recorded message. TCPA violations can result in statutory penalties of up to $1,500 per violation.

If you received a prerecorded phone message, ringless voice message or robocall from any of the following types of utility or energy companies, you may qualify to join this free TCPA class action lawsuit investigation:

  • Water Company
  • Electric Company
  • Solar Energy Provider
  • Other Utility or Energy provider

You could be eligible for compensation. Fill out the form on this page now to find out if you qualify!

Should I File a TCPA Pre-Recorded Phone Messages Class Action Lawsuit?

If you received prerecorded phone messages from your utility company, you could be entitled to compensation under the TCPA. By filing a TCPA class action lawsuit, you could secure compensation for yourself and thousands of others who received similar calls. Contact Shamis & Gentile, P.A. today or submit your claim here.

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