Got a Call or Text About Solar — Does the TCPA or DNC Protect You?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney about your specific TCPA claim.

Overview

Your phone buzzes. It is a number you do not recognize. You answer, and a recorded voice launches into a pitch about "free solar panels" or "a government program you qualify for." Or maybe it is a text message: "Reply YES to claim your solar rebate." You never signed up for these calls. You are on the Do Not Call Registry. And yet — the calls keep coming.

The Telephone Consumer Protection Act (TCPA) and the National Do Not Call (DNC) Registry are federal tools designed to stop exactly this behavior. Solar telemarketing — robocalls, auto-dialed calls, and unsolicited texts — is rampant, and federal and state authorities have taken significant enforcement actions against the worst offenders. This guide explains your rights, recent enforcement wins, and exactly how to fight back.

TCPA Protections Explained

The TCPA (47 U.S.C. 227) restricts telemarketing calls, auto-dialed calls, prerecorded messages, and unsolicited text messages. Key protections:

Robocalls and prerecorded messages to cell phones require prior express written consent. A generic "by giving us your number you agree to be contacted" buried in fine print generally does not qualify.
Auto-dialed calls (calls placed using an automatic telephone dialing system) to cell phones require prior express consent for non-telemarketing calls and prior express written consent for telemarketing.
Text messages are treated as calls under the TCPA — the same consent requirements apply.
Revocation of consent must be honored. If you tell a company to stop calling or texting you, they must stop. Continued contact may violate the TCPA.

The DNC Registry: What It Does and Does Not Do

Registering your number at DoNotCall.gov makes it illegal for telemarketers to call you — with important exceptions:

Political calls, charitable solicitations, and survey calls are exempt.
Companies you have an existing business relationship with may call for up to 18 months after your last transaction.
Companies you have given written permission to call are exempt.
The Registry does not apply to business-to-business calls.

If you are on the DNC Registry and receive a solar telemarketing call from a company you have never done business with, and you never gave permission, that call is likely illegal.

The FCC's Lead Generator Loophole Closure

A significant 2024 FCC ruling closed a major loophole. Previously, lead generation websites could obtain a single consumer consent and sell it to hundreds of marketers — meaning you might consent to one company but receive calls from dozens you never heard of.

Under the new FCC rules:

Consent must be given to one seller at a time — not a blanket consent for an entire lead-generator network.
Comparison shopping websites must obtain separate consent for each seller that will contact the consumer.
The ruling specifically addressed the "lead generator loophole" that flooded consumers with calls after submitting a single online inquiry about solar.

If you filled out an online form about solar and then received calls from 15 different companies, this ruling may strengthen your TCPA claim.

Significant Enforcement Actions

Momentum Solar — $30 Million Settlement

In 2023, Momentum Solar agreed to a proposed $30 million class action settlement over allegations that it violated the TCPA by placing telemarketing calls to consumers on the DNC Registry without consent. The case, litigated in federal court in New Jersey, represents one of the largest TCPA settlements involving the solar industry.

Sunrun — $5.5 Million Class Action

Sunrun, one of the nation's largest residential solar companies, settled a TCPA class action for $5.5 million. Consumers alleged that Sunrun placed robocalls and auto-dialed calls without proper consent. The settlement covered consumers who received calls between 2016 and 2022.

FTC Actions Against Solar Robocallers

The FTC has brought multiple enforcement actions against solar robocalling operations, including cases where companies made billions of illegal robocalls. In one notable action, the FTC sued a Florida-based operation that facilitated hundreds of millions of illegal solar robocalls, resulting in a permanent ban on telemarketing activities.

How to File TCPA Complaints

If you receive illegal solar telemarketing calls or texts:

Document every call. Record the date, time, caller's phone number, company name if provided, and whether the call was live or prerecorded. Save text messages with screenshots.
Check your DNC registration status at DoNotCall.gov and confirm when you registered.
File complaints:
- FCC: File an informal complaint at fcc.gov/complaints — free and does not require an attorney.
- FTC: Report at DoNotCall.gov or ReportFraud.ftc.gov.
- State Attorney General: Many AG offices have consumer protection divisions that handle telemarketing complaints.
Consider a private TCPA lawsuit. The TCPA provides for statutory damages of $500 per violation, or up to $1,500 per willful violation. These damages can add up quickly — 10 illegal calls could mean $5,000 to $15,000.

Statutory Damages: What a Violation Is Worth

Under the TCPA, consumers may recover:

$500 per violation for each illegal call or text
Up to $1,500 per violation if the violation was willful or knowing
No cap on total damages — they are per-violation

A consumer who received 50 illegal robocalls and can prove the violations were knowing could, in theory, seek $75,000 in statutory damages. This is why class actions in the TCPA space routinely settle for millions — the statutory exposure is enormous.

FAQ

How do I get solar companies to stop calling me?

Tell each caller clearly: "I revoke consent for any and all calls and texts from your company. Put me on your internal do-not-call list." Document the date, time, and company name. If calls continue after you revoke consent, you may have a TCPA claim.

Can I sue a solar company for robocalls?

Yes. The TCPA provides a private right of action. You do not need to prove actual financial harm — statutory damages are available per violation. Many consumer protection attorneys take TCPA cases on contingency.

What if I filled out an online form about solar — did I consent to every call?

Maybe — but probably not to every company that called you. Under the FCC's lead generator ruling, consent must be given to one seller at a time. If you gave your number to one company on a comparison site and received calls from 12, those other 11 may have violated the TCPA.

Does the Do Not Call Registry apply to text messages?

Yes. The TCPA treats text messages the same as phone calls. Unsolicited telemarketing texts to numbers on the DNC Registry are generally illegal. The same statutory damages apply ($500-$1,500 per text).

What is the statute of limitations for TCPA claims?

Four years from the date of the violation. Keep records of all calls and texts — documentation is critical for establishing when each violation occurred.

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