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Direct Energy Telemarketing Calls TCPA Class Action

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The complaint for this class action alleges that Direct Energy, LP violated the Telephone Consumer Protection Act (TCPA) in two different ways: by placing unwanted calls to consumer cell phones using an automatic telephone dialing system (ATDS) and by placing calls to numbers on the National Do Not Call (DNC) Registry.

Among the provisions of the TCPA is the establishment of the National DNC Registry, so that consumers could list their numbers to ask not to receive telemarketing calls. 

TCPA regulations specify that telemarketers may not make non-emergency calls to consumer cell phone, using an ATDS and/or an artificial or prerecorded voice unless the telemarketer has the consumers’ prior express written consent to receive such calls. 

Unfortunately, two consumers claim that Direct Energy violated the law in search of customers.

Plaintiff James Everett Shelton claims that Direct Energy placed a non-emergency call to his cell phone on August 24, 2018. When Shelton picked up, he heard a “bloop” noise and then a pause before a live representative came on the line. The complaint claims that the noise and pause indicate the use of an ATDS. The representative then made a pitch for Shelton’s business, asking him to switch energy providers to Direct Energy. 

Shelton claims that he had no interest in a new energy provider and that he did not provide the company with his prior express written consent to receive such telemarketing calls.

Plaintiff Jon Frey received two calls from Direct Energy on his residential line, even though that line’s number had been listed on the National DNC Registry for more than thirty-one days. 

On August 8, 2018, a Direct Energy representative called to ask him to switch energy providers. Frey says he told the representative that he was not interested, but the person persisted in trying to convince him to do so. Frey claims he asked that his number be placed on the company’s internal DNC list and hung up. After that, the representative called him back and asked him why he didn’t want to save money on his electricity bill. 

Two classes have been proposed for this action. 

  • The ATDS Class is all persons in the US (a) to whose cell phones (b) Direct Energy (or a third party acting on its behalf) made one or more non-emergency calls (c) to advertise Direct Energy’s products or services (d) using an ATDS ro an artificial or prerecorded voice, (e) between October 9, 2014 and the date of class certification. 
  • The DNC Class is all persons in the US whose numbers were listed on the National Do Not Call Registry, and who received more than one telemarketing call from (or on behalf of) Direct Energy, within any twelve-month period, between October 9, 2014 and the date of class certification.
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