Petition Seeks Order to Enforce Subpoena vs. TCPA Telemarketer

Plaintiff Robert Doane seeks an order enforcing a subpoena against telemarketer PX stemming from a July 2021 Telephone Consumer Protection Act complaint against Vision Solar, an installer of solar panels, according to his petition Tuesday (docket 1:22-cv-09731) in U.S. District Court for Southern New York. “Vision Solar relies heavily, if not exclusively, on unlawful telemarketing to generate customers,” said the petition. In Vision Solar’s telemarketing campaigns, “it and its agent telemarketers have used, and continue to use, spoofed numbers and automatic dialing to make efficient, low cost, and illegal contacts” with potential customers, it said. During discovery in the TCPA complaint, Vision Solar identified PX as one of its telemarketing vendors, it said. Doane’s lawyers served a subpoena on PX in June, but got no response, it said. Discovery from PX is necessary “to determine the full extent of the relationship” between PX and Vision Solar, amid Doane’s “well-founded claims” about Vision Solar’s business practices, including its use of third-party telemarketers for soliciting customers while trying to avoid “statutory liability,” said the petition.