Retail Supplier Sues Telemarketing Vendor Over Alleged Do-Not-Call Violations
AEP Energy has filed a lawsuit against telemarketing vendor Infinity Marketing Group d/b/a Infinity Energy Solutions, alleging that the vendor falsely represented that it followed Do-Not-Call regulations, Courthouse News Service reports.
As reported by Courthouse News Service, AEP Energy alleged that Infinity Energy Solutions, "conceded that it had called several hundred thousand residential phone numbers that were contained on the then-current federal DNC list."
Such alleged behavior by Infinity Energy Solutions prompted a class action suit against AEP Energy by a resident subject to one of the calls. AEP Energy settled such suit for $6 million
In the suit against Infinity Energy Solutions, AEP Energy is seeking $6 million, plus legal costs of the other suit, plus, "profits [AEP] reasonably expected to earn from customers who were brought to it by [Infinity Energy Solutions], but who [Infinity Energy Solutions] solicited away from AEP Energy on behalf of a competitor.
Specifically, AEP alleged that its agreement with Infinity Energy Solutions provided that Infinity Energy Solutions would, "not solicit business from commercial customers it brought to AEP Energy."
"Since termination of the commercial contract as of August 2014, however, [Infinity Energy Solutions] has breached that contract by soliciting - on behalf of other energy companies - commercial customers that IES originally brought to AEP Energy," AEP Energy alleges
AEP Energy provided the following statement to RetailEnergyX.com:
"AEP Energy reached a settlement in April in a class action lawsuit alleging violations of the federal Do No Call (DNC) list. The settlement resolves all claims by the class members against AEP Energy, AEP and its affiliates.
"Infinity, a vendor making outbound calls for AEP Energy, called customers on the DNC list without AEP Energy’s authority or knowledge. The vendor’s contract with AEP Energy explicitly stated that they would adhere to the federal Do Not Call laws, and the vendor was operating in violation of that contract.
"Once AEP Energy’s investigation confirmed that the vendor was acting in violation of the contract, we stopped doing business with them. AEP Energy no longer makes unsolicited, outbound calls to residential customers."