“Since at least 2019, Vision Solar’s telemarketers, including Solar Xchange, have placed tens of millions of calls to phone numbers on the National Do Not Call Registry maintained by the FTC.”

💡 This shows the massive scope of alleged illegal conduct affecting millions of consumers nationwide.

“Over 150,000 consumers have been called at least 50 times, and over 12,000 consumers have been called at least 100 times. Some consumers have also continued to receive telemarketing calls from telemarketers on behalf of Vision Solar despite previously requesting that they no longer receive such calls.”

💡 This demonstrates how the companies allegedly ignored both federal law and direct consumer requests to stop harassment.

“Solar Xchange’s telemarketing agents often falsely tell consumers that their company (which they sometimes identify as ‘Energy Exchange’) is affiliated with an electric utility company or government entity.”

💡 These false claims were designed to trick consumers into trusting the callers and prevent them from hanging up.

“Solar Xchange and Vision Solar also make false, misleading, or unsubstantiated claims regarding the benefits that consumers will receive by installing and using solar panels at their homes, telling them, among other things, that they will save between 20% and 50% off their current energy bills by installing Vision Solar’s panels, that their monthly payment for solar panels will replace their current utility bill, and that they will accrue savings from the first month.”

💡 These false promises lured consumers into financial commitments that did not deliver the advertised benefits.

“Solar Xchange typically does not identify Vision Solar as the entity that will be providing the at-home consultation. In fact, Vision Solar has stated that its telemarketers are not permitted to use Vision Solar’s name when scheduling appointments with consumers.”

💡 This deliberate concealment prevented consumers from researching the company or understanding who was really behind the calls.

“During these telemarketing calls, Solar Xchange often identifies itself as ‘Energy Exchange’ because it has learned that consumers often hang up when they first hear the word ‘solar.'”

💡 This shows the company deliberately obscured its solar sales purpose to manipulate consumers into staying on the line.

“Vision Solar pays Solar Xchange for each appointment that its salespeople attend with consumers, regardless of whether the consumers ultimately purchase solar panels from Vision Solar.”

💡 This payment structure created powerful financial incentives to schedule appointments at any cost, including illegal harassment.

“In numerous instances, consumers have had to wait several months after signing a contract with Vision Solar to get their solar panels installed and operational, during which time they are required to pay fees for the solar panels as well as their existing utility for electricity.”

💡 Consumers who expected immediate savings instead faced months of double payments for both solar and electricity.

“In many instances, consumers who received telemarketing calls from Solar Xchange requested that they no longer receive such calls, yet Solar Xchange continued to call them on behalf of Vision Solar. In some instances, Solar Xchange made rude or harassing comments to consumers who asked not to be called.”

💡 This shows the companies treated consumer rights and explicit requests as obstacles rather than legal requirements.

“Vision Solar’s telemarketers, including Solar Xchange, also have made thousands of telephone calls that caused telephones to ring, or engaged people in telephone conversations, repeatedly or continuously. For example, Vision Solar’s telemarketers called at least 150,000 different phone numbers over 50 times, and they called at least 12,000 phone numbers over 100 times. Many of these consumers received multiple calls almost every day for one or more months, with some consumers regularly receiving 5 or more calls per day.”

💡 The sheer volume and persistence of calls shows intentional harassment designed to wear down consumer resistance.

“For millions of these consumers whose telephone numbers were on the Do Not Call Registry and who received these telemarketing calls, Vision Solar, its telemarketers, including Solar Xchange, and their third-party lead generators did not have evidence of an established business relationship with Vision Solar, nor did they have evidence that the consumer had given express written consent to receive telemarketing calls made on behalf of Vision Solar.”

💡 This confirms the companies had no legal basis whatsoever to contact these millions of consumers.

“Between August 30, 2021, and June 16, 2022, Solar Xchange continued to place more than 50 percent of its calls on behalf of Vision Solar to numbers on the Do Not Call Registry. And consumers whose numbers are listed on the Do Not Call Registry continue to complain about unsolicited phone calls from Solar Xchange and Vision Solar.”

💡 The companies continued their illegal conduct even during investigations, showing deliberate disregard for the law.

“Vision Solar caused its telemarketers, including Solar Xchange, to engage in these abusive telemarketing acts or practices or, alternatively, provided substantial assistance to its telemarketers including by continuing to use and pay for their services that Vision Solar knew or consciously avoided knowing were violating the TSR.”

💡 This establishes that Vision Solar was aware of the illegal conduct and chose to continue funding it anyway.

“Vision Solar and Solar Xchange are both aware of their obligations with respect to the Do Not Call Registry and the TSR. Among other things: Vision Solar’s contracts with Solar Xchange require Solar Xchange to comply with the Telephone Consumer Protection Act (‘TCPA’) and all regulations promulgated thereunder, which mirror the provisions in the TSR prohibiting calls to persons whose numbers are on the Do Not Call Registry.”

💡 The companies cannot claim ignorance because they had explicit contractual obligations and knowledge of the law.

“Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. § 45(m)(1)(A), as modified by Section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461, as amended, and as implemented by 16 C.F.R. § 1.98(d), authorizes this Court to award monetary civil penalties of up to $50,120 for each violation of the TSR.”

💡 With tens of millions of illegal calls, the potential civil penalties could be massive and devastating to the companies.