Class Action
Nov. 10, 2023
Solar company says text recipients didn’t opt out
“Plaintiff’s damages and the damages of the putative class members, if any, have been caused by their own actions or inaction … and failing to follow the stated opt-out procedures,” stated Danielle E. Stierna of Lewis Brisbois Bisgaard & Smith LLP.
Responding to a proposed class action complaint that a solar panel company sent telemarketing messages to consumers on a “do not call” list, the defense argued Thursday there was no legal injury because the recipients should have opted out properly.
The plaintiffs did not provide enough evidence to prove the nature of their prior contact with the company and granting class certification on presumptions would violate the due process clause ...
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