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Spam Text from a Solar Company? You May Be Owed $500 to $1,500
If you received a spam text from a solar company, you are not alone, and that message could be worth money. Federal law, specifically the Telephone Consumer Protection Act (TCPA), provides consumers with powerful rights against unwanted marketing. For each illegal text, you may be entitled to recover $500, and that amount can increase to $1,500 if the company knowingly violated the law. The solar industry is highly competitive, leading some companies to use aggressive and often illegal telemarketing tactics, like sending automated text messages without your permission. These unsolicited solar texts are more than just an annoyance. They are a potential violation of your privacy that the TCPA was designed to prevent, giving you the power to hold violators accountable and secure compensation.
The Law on Unsolicited Solar Texts
The Telephone Consumer Protection Act, or TCPA, is a federal law that places strict rules on telemarketers, including those sending text messages. For marketing messages sent to a wireless number using an autodialer, the law requires the sender to obtain your "prior express written consent." This means you must have clearly and explicitly agreed to receive marketing texts from that specific solar company. This consent must be a standalone agreement and cannot be buried in the fine print of a larger document as a condition of buying a product or service.
Essentially, a solar company cannot just find your number and start texting you offers. They need proof that you said yes. The written consent must be unambiguous, informing you that you are agreeing to receive marketing messages. Many consumers find they receive these texts without ever having provided such consent, making each message a potential violation of federal law. This is particularly common in the aggressive lead-generation market for solar panel installations.
What Makes a Solar Text a TCPA Violation?
A spam text from a solar company becomes a TCPA violation under several common circumstances. The most frequent violation is the lack of prior express written consent. If you never signed up to receive solar panel text messages from a particular company, any automated promotional text they send you is likely illegal. Another clear violation occurs when a company continues to text you after you have told them to stop. Replying with words like "STOP," "UNSUBSCRIBE," or "CANCEL" is a legally binding request to be removed from their list, and they must honor it.
Furthermore, messages sent to a number on the National Do Not Call Registry can also constitute a violation, especially if no prior business relationship exists. The burden of proof is on the company to demonstrate they had your permission to text you. If they cannot provide a clear record of your consent, they are likely in violation of the TCPA. This article is for informational purposes only and does not create an attorney-client relationship.
How Much Money Can You Get for a Spam Text from a Solar Company?
The TCPA sets specific statutory damages for violations, which makes it a powerful tool for consumers. For each text message that violates the law, you may be entitled to recover $500. This amount is not based on any financial harm you suffered but is set by law to penalize companies for their illegal behavior. More importantly, if you can prove that the solar company sent the text willfully or knowingly, meaning they knew they were breaking the law, the damages can triple to $1,500 per violation.
These amounts can add up very quickly. If a company sent you five illegal texts, you could be looking at a claim for $2,500 to $7,500. A willful violation could include continuing to text you after you've replied "STOP." To get a better sense of potential outcomes, you can review our guide, "How Much Is a Spam Text Lawsuit Worth? A 2024 Guide". If you have screenshots of illegal texts, you should explore filing a claim to see what you may be owed.
Real Examples of Illegal Solar Spam Texts
Illegal marketing texts can take many forms. They are often designed to look like personal messages or urgent notifications to get you to respond. Here are a few realistic examples of what a spam text from a solar company might look like.
An unsolicited offer to a random number:
Great news for homeowners in your area! See if you prequalify for the 2024 Federal Solar Credit and get panels installed with $0 down. Link expires tonight: [fake link]
A text that pretends to have a prior relationship:
Hi Jamie, this is David with GoGreen Solar. Following up on your interest in lowering your electric bill. Is now a good time to chat for 5 mins about your property's eligibility? Reply YES and I'll call you back.
A message that ignores a previous opt-out request:
We see you're still paying too much for power! Don't miss out on our end-of-month promotion. ABC Solar can install a new system for you next week. Visit us at [fake link]
How to Check Your Phone for Violations
Your phone could be holding evidence worth thousands of dollars. Finding potential TCPA violations is a straightforward process you can do in a few minutes. Follow these steps to audit your message history for illegal solar telemarketing texts and other spam.
- Open your messaging app: Go to the main screen of your text message application on your smartphone.
- Use the search feature: Find the search bar within the app. Search for common keywords related to these spam messages, such as "solar," "panels," "electric bill," or "Go Green."
- Search for "STOP" replies: A crucial step is to search for the word "STOP." This can reveal instances where you unsubscribed, but a company continued to text you anyway, which is strong evidence of a willful violation. This can be especially useful for learning about why texts say reply STOP to unsubscribe.
- Take clear screenshots: For each potential violation, take a screenshot. Make sure the screenshot clearly shows the sender's phone number or short code, the full body of the message, and the date and time it was received.
- Save the evidence: Create an album on your phone for these screenshots and consider backing them up to a cloud service. Having clear, organized evidence is the most important part of building a successful claim.
Check Your Phone Right Now
Many illegal marketing campaigns rely on specific phrases to create a record of consent or opt-outs. One of the most common is the instruction to "Reply STOP to unsubscribe." Finding these messages can be a key step in identifying TCPA violations.
Open your messages and search the word STOP.
If you find messages where you replied STOP but kept receiving texts, or messages from companies you never contacted that include this phrase, you may have a strong case. Each of those messages could represent a violation. Collect your screenshots and let us review them for free.
Submit screenshots at SpamClaims.com
Frequently Asked Questions
Can I sue a solar company for texting me?
Yes, you can sue a solar company for texting you if they have violated the TCPA. The most common basis for a lawsuit is sending automated marketing texts without your prior express written consent. You do not need to prove you lost money or suffered emotional distress. The violation itself is the harm, and the law provides for statutory damages of $500 to $1,500 per illegal text. If a company sent you unsolicited promotional messages, you may have a valid claim.
Is it worth suing over a few spam texts?
Absolutely. Because the TCPA allows for $500 per violation, even a small number of texts can result in a significant claim. For example, just three illegal texts could lead to a $1,500 recovery, which could triple to $4,500 if the violations were willful. Pursuing a claim also helps hold companies accountable for their illegal marketing practices and protects other consumers from similar harassment. Many law firms handle these cases on a contingency basis, meaning you pay no upfront fees to file a claim.
What counts as "consent" for solar telemarketing texts?
The standard for consent under the TCPA is very high. For marketing messages, a company must have your "prior express written consent." This means you took a clear action, like checking an un-filled box on a website form, to agree to receive promotional texts from a specific company. This disclosure cannot be hidden in a terms of service document. Simply providing your phone number to a company for another reason does not count as consent for marketing texts.
Are all spam texts from solar companies illegal?
Not all of them, but a great number of them are. A solar company can legally text you if you have an established business relationship or if you have previously given them express written consent to do so. However, many of these messages come from a spam text from unknown number and are sent without any prior relationship or consent. Additionally, even if you did grant consent, you have the right to revoke it at any time by simply replying "STOP."
How long do I have to file a TCPA claim for spam texts?
The statute of limitations for TCPA claims is generally four years from the date of the violation. This means you have four years from the date you received the illegal text to file a lawsuit. While that may seem like a long time, it is always best to act quickly. Evidence like text messages can be lost or deleted, and memories can fade. If you believe you have received illegal texts, it is wise to gather your evidence and seek a case evaluation as soon as possible.
TLDR
- You may be owed $500 for each illegal spam text from a solar company, and up to $1,500 if the violation was willful.
- Solar companies generally need your "prior express written consent" before sending you automated marketing texts.
- If you reply "STOP," companies must cease texting you immediately. Any message sent after that is a new violation.
- The statute of limitations for a TCPA claim is four years, but you should act quickly to preserve evidence.
- Check for trends in telemarketing lawsuits by visiting the TCPA Settlement Tracker.
- Have screenshots of solar spam texts? Submit your claim at SpamClaims.com.
Submit your spam screenshots for attorney review
This article is for informational purposes only and does not create an attorney-client relationship.