Solar Panel Telemarketers Headed For Sunset

Having noticed a spike in complaints against this type of sales call, I thought I'd pass along a fresh FTC enforcement action. One of the defendants, Go Green Education, has been spotlit here before.

FTC Brings Action against Lead-Generator Using Robocalls to Pitch Energy Savings
https://www.ftc.gov/news-events/press-release ... robocalls-pitch

excerpts:
According to the complaint, the defendants’ prerecorded calls made statements such as: “This is an urgent call about your energy bill,” and “stop the 14% increase coming soon.” Consumers were told to “push one” to lower their electric bill. Those who did were transferred to a telemarketer who asked if the consumer was interested in solar panels.

If the consumer said yes, the telemarketer scheduled an appointment with a private solar installation company and sold the consumer’s information to that company as a customer lead. When consumers asked the defendants not to call them again, the FTC alleges their requests were often ignored.

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A1 Solar Power (Link for Threads on the Home Page)
https://800notes.com/forum/ta-a3fc1a5ab09906e ... n-the-home-page

Good to hear.  Wonder how big the fine is that they won't pay because they "hid the money"?

Good observation Big A! Its kinda doubtful on the stopping as well!  We shall see!

Res, I think there is a lot of threads on this company! or definitely  prominent at any  rate! :)

I got fed up with a bunch of robocalls from a debt reduction/consumer finance outfit. Filed suit in small claims court. Didn't do it fast enough. They hid the money.

Hid it in the coffers of the state of Missouri. Thousands of dollars, the state took away from them. Put them out of business. Maybe it doesn't work out that way with all enforcement actions, but the actions can be pretty effective.

It wouldn't have mattered.  For starters, small claims court is not the proper venue for a suit based on federal law.  Also, unless they happen to be located in your state, you would have had no way to collect.  The judgement would have been basically worthless.

With damages potentially reaching four to six figures, I don't see how TCPA claims qualify as "small".

As to judgment collection, it's only as difficult as the loser makes it. I've had the fortune of defendants with registered agents in my state and a desire to avoid looking fraudulent. But since all states obey the same Constitution, an elusive defendant does not vanish behind a state line.

As one of my losers kept me waiting for my money, I was busy finding the asset locations of the company, plus the house where its CEO lives for good measure. I might have had to secure a judgment in the "sister state" where the losing party's bank or other asset was located. That's essentially filing the judgment I have in the foreign state, which must accept what it says without protest. Then, from what I've studied, the foreign state authorities are made available to execute writs, seize bank accounts, or whatever I need done.

"With damages potentially reaching four to six figures, I don't see how TCPA claims qualify as "small"."  Which is why I said that it isn't the proper venue.  Very few if any small claims courts go up high enough.

While I suppose it is possible to take a small claims judgement over state lines, It would certainly be a lot more difficult than a federal judgement.  I know from being in business and taking people to court over unpaid bills that small claims judgements are not always the easiest to collect even if the defendant lives in your state..  At least in my state anyway, maybe others are different.  Also one has to look at the amount you are suing for vs the trouble of collecting.  A judgement of 4 to 6 figures would certainly be worth the time and effort to chase them down to the ends of the Earth.