
TCPA Compliance for Solar Companies
Residential solar runs on outbound calling. It buys leads in volume, calls homeowners at home, and sells a product worth tens of thousands of dollars. Those three facts have made solar one of the most heavily litigated industries under the Telephone Consumer Protection Act. Plaintiffs' attorneys know which verticals call cold, buy cheap leads and dial at scale, and solar fits all three.
This guide explains why solar draws so many TCPA claims, which federal and state rules apply, and the specific consent and scrubbing discipline a solar calling operation needs.
Why solar draws so many claims
Leads with weak consent. Much of solar's pipeline comes from comparison sites, "see if your home qualifies" forms, sweepstakes and co-registration offers. The consent behind those leads is often vague, shared with dozens of "marketing partners," or impossible to prove.
Residential numbers. Solar calls homeowners, often on personal cell phones. Those numbers are exactly what the National Do Not Call Registry and the TCPA's consent rules protect.
Volume and automation. Appointment-setting teams dial fast, often with predictive dialers, prerecorded messages or text campaigns. Each automated touch is a separate potential violation.
High value per claim. A class action over a solar campaign can include thousands of calls. At $500 to $1,500 each, the exposure quickly reaches millions, which makes these cases worth an attorney's time.
The rules that apply to solar calls
| Rule | What it requires | Who enforces it |
|---|---|---|
| TCPA consent | Prior express written consent for autodialed, prerecorded or artificial-voice sales calls and texts to cell phones | Private lawsuits, FCC |
| National DNC Registry | No sales calls to registered numbers without written permission or an established business relationship | Private lawsuits, FTC, FCC |
| Internal DNC list | Honor every "don't call me" request and keep a written policy | Private lawsuits, FCC |
| Calling hours | No sales calls before 8 AM or after 9 PM local time; some states are stricter | FCC, FTC, states |
| State DNC lists | Several states keep their own registry on top of the federal one | State attorneys general |
| State "mini-TCPA" laws | Florida, Oklahoma, Maryland and others add consent, timing or call-frequency rules | Private lawsuits, states |
| Telemarketer registration | Many states require sellers or call centers to register or post a bond before calling residents | States |
State laws are where solar teams are most often caught out. Florida's Telephone Solicitation Act, for example, created its own private right of action for automated sales calls, and similar laws followed in other states. See federal vs. state DNC lists and which states have their own DNC list.
Consent: the weakest link in solar campaigns
The FCC's attempt to require one-to-one consent for comparison-site leads was struck down by a federal appeals court in January 2025, before it took effect. That doesn't make shared "partner list" consent safe. For autodialed or prerecorded sales calls, you still need prior express written consent: a signed agreement (an e-signature counts) that clearly authorizes your company to call that number with marketing calls, and that says consent isn't a condition of purchase.
In practice that means:
- The consent language names your company, not just "partners" or "affiliates"
- You can produce the actual record: timestamp, page URL, the exact wording shown and the phone number entered
- The lead is recent; old leads carry reassignment risk and weaker consent
- The consumer didn't later opt out with the lead seller or with you
- Texts get the same consent standard as calls
We go deeper on vetting purchased data in TCPA compliance for bought leads.
A pre-dial process for solar teams
- Vet the sourceApprove lead vendors only after reviewing their forms, consent language and record-keeping.
- Collect proofRequire a consent record with every lead, and reject leads that arrive without one.
- Scrub every listCheck against the federal DNC Registry, state lists and your internal DNC list before every campaign, including "fresh" leads.
- Screen for trapsRemove honeypot numbers and known serial litigators, who concentrate on high-litigation verticals like solar.
- Check calling hoursDial each number only inside its local window and its state's stricter rules.
- Document everythingKeep dated scrub reports, consent records and opt-out logs for at least four years, the federal TCPA limitation period.
Mistakes we see in solar campaigns
- Treating "they filled out a form" as consent, without checking what the form actually said
- Re-dialing aged leads months later without a new scrub
- Letting appointment setters or offshore vendors run their own lists without your checks
- Sending text follow-ups to numbers that only consented to a call, or not at all
- Ignoring state registration and bonding rules for telemarketers
- Not recording "stop" requests made to a vendor's agents
Vendors deserve special attention. If an outside appointment-setting firm calls on your behalf, your company can be held liable for its calls. See TCPA vicarious liability.
The economics
A single installed system can be worth a lot to a solar company, but a single TCPA class action can be worth far more to the plaintiffs. Scrubbing a 100,000-number list against DNC data costs about $25 at our per-number rates, less than the minimum damages for one call. For an industry this exposed, scrubbing every list before every campaign is the cheapest insurance available. See what a TCPA violation really costs.
Frequently asked questions
Why are solar companies sued under the TCPA so often?
Solar relies on purchased leads with weak consent, calls residential and cell numbers at high volume, and sells a high-value product. That combination produces many potential violations per campaign, which attracts plaintiffs' attorneys.
Do solar companies need written consent to call leads?
For autodialed, prerecorded or artificial-voice sales calls and texts to cell phones, yes: prior express written consent that clearly authorizes your company to call. Manually dialed calls to numbers on the Do Not Call Registry also need written permission or an established business relationship.
Is a lead from a solar comparison site enough consent?
Only if the consent language clearly authorizes your company to call and you can produce the record. Generic "marketing partners" language is weak, and you inherit any defect in the vendor's consent.
How often should a solar team scrub its lists?
Before every campaign, and never against Do Not Call data more than 31 days old. Lists that are re-dialed over weeks should be re-scrubbed each time.
Are state laws stricter than the TCPA for solar calls?
Often, yes. Several states have their own DNC lists, stricter calling hours, limits on call frequency, telemarketer registration rules, and their own private lawsuits for automated sales calls.
Scrub your solar lists free: 500 numbers, full report, no card.
This article is general information, not legal advice. State telemarketing laws change often, so confirm your obligations with counsel before launching a campaign.