Another huge win to report for Troutman Amin, LLP and a VERY DESERVING firm client—Spark Energy.
In Clark v. Via Renwables, 2025 WL 2968027 (N.D. Cal. Oct. 21, 2025) the Court denied certification to a putative TCPA class involving calls made by Spark Energy to customers who had filled out forms on websites seeking information about energy savings and similar offers.
To bring the suit the Plaintiff claimed he had not filled out such a form—despite the fact Spark produced records of a form containing his correct name, birthdate and phone number. He also forced to admit at deposition he was in a dispute with his home energy provider at the same time the form was filled out.
Still Plaintiff maintained he had not visited the website in question, a position actually lead to his undoing—since he claimed he did not visit the website, the Court found he could not represent the vast majority of the class who had, in fact, filled out the form.
The Court was also particularly moved by Spark’s extensive evidence of consent. The record contained numerous independent pieces of evidence validating both Spark’s policy of only making outbound calls with express written consent, along with clear documentation and exemplars of applicable consent forms. Indeed, Spark never made calls without first having a clear record of consent from Active Prospect in its CRM. In light of that compelling evidence the court determined common issues could not “predominate” and the case was properly not certified.
The Plaintiff will now be left to pursue his case on an individual basis only, if at all.
Troutman Amin, LLP is pleased to have delivered this result for Spark. Notice, however, that it was Spark’s incredibly strong compliance efforts and policies that really won the day. Putting consumers first has its advantages.
A very well deserved win indeed!
Happy weekend all!