Momentum Solar Lawsuit

Momentum Solar has agreed to pay up to $30 million to settle claims involving violations of federal consumer protection laws through unsolicited telemarketing calls. The Momentum Solar class action lawsuit addresses allegations that Pro Custom Solar LLC, doing business as Momentum Solar, contacted consumers without proper authorization between March 2015 and January 2025. The litigation originated from widespread consumer dissatisfaction regarding automated calls and texts to individuals across multiple states. These alleged violations of the Telephone Consumer Protection Act have prompted legal action seeking compensation for affected consumers. The settlement covers individuals who received two or more telemarketing calls from or on behalf of the solar energy company within a one-year period. Beyond telemarketing issues, the company has faced separate legal challenges involving workplace practices and employment conditions that have drawn scrutiny from current and former workers.

What Is Momentum Solar?

Momentum Solar started in New Jersey in 2009 and has grown into one of the largest independent solar energy providers in the United States. The company provides residential solar panel installation and related renewable energy services to homeowners across multiple states. As a significant player in the clean energy sector, Momentum Solar experienced rapid expansion from a small startup to an organization employing over a thousand workers. The company's business model includes direct consumer outreach, installation services, and ongoing maintenance for solar power systems designed to reduce homeowners' reliance on traditional energy sources.

Why Are People Suing Momentum Solar?

The Momentum Solar class action lawsuit encompasses multiple allegations from consumers and workers. Several distinct categories of complaints have emerged through various legal proceedings:

• Unauthorized Telemarketing Calls: Consumers received unsolicited telemarketing calls despite never giving the company permission to contact them. Many individuals reported receiving repeated calls even after requesting removal from contact lists.
• Do Not Call Registry Violations: Plaintiffs alleged the company contacted consumers whose phone numbers were registered on the National Do Not Call List without their consent. These calls persisted despite federal protections designed to prevent unwanted solicitations.
• Automated Dialing Systems: The lawsuit accused Momentum Solar of using automated dialing systems and making automated calls without explicit consent. These technologies allegedly enabled the company to contact large numbers of consumers simultaneously.
• Persistent Communication: Calls reportedly persisted even after individuals explicitly requested Momentum Solar to cease communication. Some consumers reported receiving multiple calls daily from various phone numbers associated with the company.
• Workplace Discrimination Claims: Separate lawsuits alleged the company engaged in systemic racial discrimination against workers and retaliated against employees who complained. These employment-related claims represent distinct legal challenges beyond consumer protection issues.
• Wage and Hour Disputes: Employees alleged that the company failed to pay them for overtime work and travel time, and workers said they were required to travel between job sites but were not compensated. These allegations constitute claims of telemarketing and labor violations that have become part of the broader legal scrutiny facing the organization.

These various allegations have resulted in multiple legal proceedings addressing different aspects of the company's business and employment practices.

Legal Basis for Momentum Solar Lawsuits

The Momentum Solar class action lawsuit relies on several federal and state legal frameworks. Understanding these legal foundations helps clarify the claims being pursued:

• Telephone Consumer Protection Act (TCPA): The primary legal basis involves alleged violations of the federal Telephone Consumer Protection Act, which restricts unsolicited telemarketing calls and automated communications. This federal statute establishes specific requirements for obtaining consumer consent before making marketing calls.
• State Telemarketing Laws: The cases claimed Momentum Solar violated the federal TCPA and related state laws by making automated telemarketing calls to consumers regarding its solar services or products. Various states maintain their own consumer protection statutes that complement federal regulations.
• Fair Labor Standards Act: Momentum Solar has been accused of violating the Fair Labor Standards Act, which requires companies to pay proper wages for overtime and follow labor standards. This federal law establishes minimum wage, overtime pay, and recordkeeping requirements affecting workers nationwide.
• Civil Rights Act of 1866: The lawsuit alleges Momentum has violated the Civil Rights Act of 1866, which prohibits racial discrimination in employment. This historical statute provides protections against discrimination based on race in contractual relationships including employment.
• New Jersey Law Against Discrimination: Employment-related litigation has invoked the New Jersey Law Against Discrimination alongside federal civil rights protections. State anti-discrimination laws often provide additional remedies beyond federal statutes.
• New York Labor Law: Workers filed claims under New York Labor Law regarding timely payment of wages and proper compensation for manual labor positions. State labor laws may impose stricter requirements than federal standards for wage payment timing and calculation.

These overlapping legal frameworks create multiple grounds for pursuing claims related to both consumer protection and workplace practices. The Momentum Solar class action lawsuit draws upon these various statutes to establish liability for the alleged conduct.

Financial Compensation Victims of Momentum Solar Can Pursue

Individuals affected by the Momentum Solar class action lawsuit may be eligible for various forms of financial recovery. The settlement structure provides compensation based on the extent of violations experienced:

• Per-Call Damages: People who filed claims will get money based on how many unwanted messages they received, with fewer than 10 calls resulting in $50-$150 compensation range. The payment amounts increase proportionally with the number of unauthorized contacts received.
• Higher-Volume Compensation: Between 10-20 calls results in $150-$300 potential payout, while more than 20 calls may exceed $300 with proper documentation. These tiered payment structures recognize that consumers who received more frequent unwanted contacts experienced greater harm.
• Statutory Damages Under TCPA: The plaintiff is demanding treble damages of up to $1,500 for himself and all Class Members. Federal law allows for enhanced damages when violations are found to be willful or knowing.
• Liquidated Damages for Wage Claims: This lawsuit seeks to recover underpayment for untimely pay in the form of liquidated damages pursuant to New York Labor Law. Wage and hour violations may entitle workers to double damages as compensation for untimely or insufficient payment.
• Interest and Additional Recovery: Claims seek prejudgment and post-judgment interest, unpaid commissions and attorneys' fees and costs. These additional components ensure that victims receive full compensation including the time value of money lost during litigation.
• Class Representative Enhancements: Class representatives will receive special payments, with Thomas Niemczyk receiving $7,500 while Rick Hill and Barry Wolford each receive $5,000. These incentive awards recognize the additional time and effort required from named plaintiffs who represent the entire class.

The total compensation available depends on the specific circumstances of each claim and the documentation supporting the alleged violations. Class members must submit valid claims to receive their share of the settlement fund.

How a Class Action Lawyer Can Maximize Your Compensation

Legal representation can significantly impact the outcome of claims related to the Momentum Solar class action lawsuit. Attorneys provide valuable assistance throughout the claims process:

• Claim Evaluation and Documentation: Class action lawyers assess the strength of individual claims by reviewing phone records, call logs, and communication history. They help gather the evidence necessary to demonstrate the frequency and nature of unwanted contacts received from the company or its representatives.
• Settlement Navigation: Attorneys guide claimants through complex settlement procedures, ensuring all required forms are properly completed and submitted before critical deadlines. They understand the specific requirements for the Momentum Solar class action lawsuit claims process and help avoid common errors that could jeopardize recovery.
• Maximizing Recovery Amounts: Legal counsel can help determine the appropriate compensation tier by analyzing the full extent of violations experienced. They ensure that all relevant contacts are documented and presented to support the highest possible payment category under the settlement terms.
• Protecting Legal Rights: Lawyers advise clients about their options, including whether to participate in the settlement or opt out to pursue independent legal action. They explain the implications of each choice so claimants can make informed decisions about how to proceed with their claims.
• Handling Complex Documentation: Class action attorneys assist with gathering supporting materials that may strengthen claims, even when such documentation is not strictly required for submission. They can also respond to any additional information requests from settlement administrators.
• Ensuring Timely Submission: Legal representatives monitor deadlines and ensure claims are submitted within the required timeframes to avoid forfeiting potential compensation. Missing critical dates can result in complete loss of recovery rights under the settlement terms.

With proper legal guidance, individuals affected by the Momentum Solar class action lawsuit can better navigate the settlement process and pursue the full compensation they deserve.

Who Can File a Momentum Solar Lawsuit?

Various individuals may have valid claims related to the Momentum Solar class action lawsuit. Eligibility depends on specific circumstances and the nature of alleged violations:

• Recipients of Unsolicited Calls: Consumers who received two or more telemarketing calls from or on behalf of Momentum Solar between March 2015 and January 2025 may be eligible. This includes individuals contacted via automated dialing systems or prerecorded messages without prior express consent.
• Do Not Call Registry Members: People whose phone numbers were listed on the National Do Not Call Registry who nevertheless received marketing calls from the company may have valid claims. These individuals had explicitly opted out of receiving telemarketing contacts.
• Repeated Contact Victims: Consumers who requested cessation of communications but continued receiving calls from Momentum Solar or its representatives may qualify. Persistence after opt-out requests strengthens potential claims under consumer protection statutes.
• Current and Former Employees: Workers who experienced alleged telemarketing and labor violations including unpaid overtime, improper wage calculations, or compensation disputes may pursue separate employment-related claims. These workplace claims operate independently from consumer protection litigation.
• Discrimination Claimants: Employees who believe they experienced racial discrimination or retaliation in their employment relationship with Momentum Solar may have grounds for civil rights claims. Such allegations involve distinct legal frameworks beyond consumer protection issues.
• Class Members in Multiple States: The settlement potentially covers consumers across various jurisdictions where Momentum Solar conducted business operations. Geographic location generally does not disqualify individuals who otherwise meet eligibility criteria for the Momentum Solar class action lawsuit.

Determining eligibility requires careful review of individual circumstances against settlement terms and legal requirements. Class Action 101 can evaluate whether your situation qualifies for compensation.

Momentum Solar Lawsuit Cases We Take

Class Action 101 handles various types of claims related to the Momentum Solar class action lawsuit and similar consumer protection matters. Our firm represents individuals affected by corporate violations:

• TCPA Violation Claims: We represent consumers who received unauthorized telemarketing calls, automated messages, or text communications without proper consent. These cases involve allegations of violations of federal consumer protection statutes governing telephone solicitations.
• Do Not Call Registry Cases: Our firm pursues claims for individuals registered on the National Do Not Call List who nevertheless received marketing contacts from companies like Momentum Solar. Such violations demonstrate clear disregard for federal consumer protection registries.
• Persistent Contact Claims: We handle cases involving consumers who explicitly requested removal from contact lists but continued receiving unwanted calls. Continued communication after opt-out requests may support claims for willful violations warranting enhanced damages.
• Employment Discrimination Matters: Class Action 101 represents workers alleging racial discrimination, retaliation, or hostile work environment claims against their employers. These workplace cases seek remedies for violations of civil rights and anti-discrimination laws.
• Wage and Hour Disputes: Our firm pursues telemarketing and labor violations claims including unpaid overtime, improper wage calculations, and compensation for off-the-clock work. These cases enforce workers' rights to proper payment under federal and state labor laws.
• Consumer Protection Class Actions: We represent groups of individuals harmed by similar corporate practices in various industries beyond solar energy. Class action litigation provides an efficient mechanism for addressing widespread violations affecting numerous consumers.

If you believe you have been affected by violations similar to those alleged in the Momentum Solar class action lawsuit, Class Action 101 can evaluate your potential claim and explain your legal options.

Take Action Today - Protect Your Rights

The Momentum Solar class action lawsuit settlement provides an opportunity for affected consumers to receive compensation for alleged violations. However, deadlines for submitting claims are time-sensitive and missing them could result in forfeiture of recovery rights. Class Action 101 stands ready to evaluate your situation and guide you through the claims process. Whether you received unwanted telemarketing calls or experienced workplace issues, understanding your rights is the first step toward obtaining the compensation you deserve. Contact our firm today to discuss your potential claim and learn how we can help protect your interests in this important consumer protection litigation.

Momentum Solar Lawsuit FAQs

What is the deadline to file a claim in the Momentum Solar class action lawsuit?

Settlement deadlines vary and are established by court order, but generally claims must be submitted within 60-90 days of preliminary approval. Missing the claims deadline results in forfeiture of any compensation rights under the settlement, so prompt action is essential for preserving recovery options.

Do I need proof of the calls to file a claim?

While phone records and documentation strengthen claims, the Momentum Solar class action lawsuit settlement may accept claims based on attestation depending on the specific requirements. Settlement administrators review submissions and may request additional information if needed to verify eligibility.

Will participating in the settlement affect my credit score?

Participating in the Momentum Solar class action lawsuit has no impact on credit scores or credit reports. Consumer protection settlements provide compensation for alleged violations and do not involve debt collection or credit reporting activities.

Can I opt out of the settlement and file my own lawsuit?

Class members typically have the right to exclude themselves from the settlement and pursue independent legal action. However, opting out means forfeiting any compensation under the class settlement and requires individual litigation with associated costs and risks.

How much compensation will I receive from the Momentum Solar class action lawsuit?

Compensation amounts depend on the number of unauthorized calls received and the total number of valid claims submitted. Payment tiers range from $50-$150 for fewer than 10 calls to potentially over $300 for more than 20 documented contacts.

Are there any costs to file a claim?

Filing a claim in the Momentum Solar class action lawsuit settlement requires no upfront costs or fees. Class action attorneys typically work on contingency, receiving payment only from the settlement fund without requiring individual claimants to pay out-of-pocket expenses.

What happens if Momentum Solar files for bankruptcy?

If the company enters bankruptcy proceedings, the settlement may be affected depending on court approvals and available assets. Bankruptcy can complicate or delay distributions, though approved settlements generally maintain priority status for creditor payments.

Can current Momentum Solar employees file claims?

Current employees may be eligible for consumer-related TCPA claims if they received unauthorized telemarketing calls, though employment status does not affect eligibility for consumer protection claims. Separate employment-related claims may have different considerations regarding current employee participation.