Momentum Solar Robocalled Millions Without Consent | Lawsuit Update

Pro Custom Solar LLC, doing business as Momentum Solar, settled two federal class action lawsuits in 2025 for up to $30 million, resolving years of litigation over alleged violations of the Telephone Consumer Protection Act. The cases accused the New Jersey-based solar installer of making automated telemarketing calls to consumers across the United States without their consent, including to people who had never inquired about solar services and to numbers on the National Do Not Call Registry.

The U.S. District Court for the District of New Jersey granted final approval to the settlement on August 18, 2025. The claim filing deadline was July 31, 2025. Payments to eligible class members will begin as Momentum Solar funds accumulate in the settlement, with the company required to make an initial $1 million payment within 90 days of final approval. The TCPA settlement is the largest legal action against Momentum Solar but not the only one. A separate 2019 class action filed by Wigdor LLP alleged systemic racial discrimination against Black employees at the company’s New York warehouse.

Momentum Solar Lawsuit Timeline and Updates

2009–2019 — Momentum Solar Grows Through Aggressive Telemarketing

Pro Custom Solar LLC, branded as Momentum Solar, launches in South Plainfield, New Jersey in 2009. Over the following decade it becomes one of the fastest-growing residential solar installers in the United States, eventually claiming the title of largest independent U.S. solar energy provider with more than 1,200 employees and over $100 million in annual revenue.

That growth is fueled in significant part by outbound telemarketing. Momentum Solar’s sales model depends on high-volume phone outreach to generate leads for its door-to-door sales force and installation pipeline. Consumer complaints about unwanted calls accumulate as the company expands into new states. The Federal Trade Commission’s National Do Not Call Registry provides legal protection from solicitations consumers have not consented to, and the TCPA prohibits automated calls or texts to consumers without prior express written consent. Momentum Solar’s telemarketing operations would later be found to have crossed those lines.

May 2019 — Race Discrimination Class Action Filed

On May 6, 2019, Wigdor LLP files a proposed class action in the U.S. District Court for the Eastern District of New York on behalf of six Black former employees at Momentum Solar’s New York warehouse. The complaint alleges that management fostered a workplace environment permeated with racial hostility, including the daily use of racial slurs by white supervisors and coworkers. The complaint identifies one foreman, Adam Murawski, as having used the slur repeatedly without consequence.

The plaintiffs allege that Black employees were paid less than comparable white employees, assigned to the least desirable jobs, denied advancement opportunities, and fired within days or even hours of making discrimination complaints. A second race discrimination class action follows in late 2019, filed by the same firm on behalf of a Black call center employee who alleged similar treatment. Momentum Solar denies all allegations in both cases, stating the terminations were for legitimate performance and conduct reasons.

March 2019 — First TCPA Lawsuit Filed

Thomas Niemczyk files a class action lawsuit against Pro Custom Solar LLC in the U.S. District Court for the District of New Jersey on March 5, 2019. The case, Niemczyk v. Pro Custom Solar LLC, Case No. 2:19-cv-7846-ES-MAH, alleges that Momentum Solar violated the TCPA by calling consumers with automated or prerecorded telemarketing calls without prior express written consent. Niemczyk alleges he received multiple unsolicited calls soliciting Momentum Solar’s residential solar services.

The TCPA prohibits unsolicited automated telemarketing calls to cell phones and residential lines without prior express written consent. Each violation carries statutory damages of $500 per call for negligent violations and up to $1,500 per call for willful violations. For a company making millions of outbound calls, TCPA exposure can compound quickly into enormous liability. Plaintiff’s attorneys, led by Yeremy Krivoshey, pursue the case aggressively over the following five years.

2020–2022 — Additional TCPA Case Filed, Litigation Intensifies

A second TCPA class action follows. Rick Hill and Barry Wolford file Walters v. Pro Custom Solar LLC, Case No. 2:22-cv-00247-ES-MAH, in the District of New Jersey in 2022. This case is later consolidated with the Niemczyk action, combining the claims of both sets of plaintiffs under a single litigation umbrella in the New Jersey court.

Both cases allege the same core theory: Momentum Solar made automated telemarketing calls to consumers who had not given consent, including to numbers registered on the Do Not Call list, as part of its systematic sales outreach. The litigation proceeds through more than five years of contested discovery, expert analysis, and motion practice.

June 2023 — Mediation Begins

The parties engage in formal mediation on June 19, 2023, before Honorable Wayne R. Andersen (Ret.), a retired federal judge brought in as a neutral mediator. The mediation does not immediately produce a settlement. Negotiations continue through 2023 and into 2024, including an in-person meeting in New York in October 2023 between the parties and plaintiffs’ expert, and another meeting in Louisville, Kentucky in February 2024. These negotiations represent the final push to resolve liability that, if taken to trial, could expose Momentum Solar to hundreds of millions of dollars in statutory damages.

Early 2024 — Settlement Agreement Reached

The parties reach a settlement agreement in early 2024. The deal is structured as a sliding-scale fund. Momentum Solar will pay a minimum of $20 million if it makes full payment within seven years of the court’s final judgment. If payment takes longer, the amount grows incrementally, reaching a maximum of $30 million if the company takes the full 15 years to pay. Legal commentators note the unusual payment structure as a sign of the company’s financial constraints, calling it a first-of-its-kind arrangement in TCPA litigation. Momentum Solar denies all wrongdoing and agrees to settle to avoid the cost, delay, and uncertainty of continuing to litigate.

January 2, 2025 — Preliminary Approval Granted

The U.S. District Court for the District of New Jersey grants preliminary approval to the Momentum Solar TCPA settlement on January 2, 2025. The court-authorized settlement website launches at SolarTCPASettlement.com. Notice is distributed to potential class members. Class members who received a personalized notice by mail or email are assigned a unique Notice ID to use when filing online claims.

July 31, 2025 — Claim Filing Deadline

The deadline for class members to submit valid claim forms is July 31, 2025. Claims can be filed online at SolarTCPASettlement.com or submitted by mail to the settlement administrator in Philadelphia. No supporting documentation is required to file, though claimants can attach call logs, screenshots, or phone records to strengthen their submissions. The settlement administrator verifies eligibility by cross-referencing submitted phone numbers against Momentum Solar’s own call records. Compensation is calculated on a per-call basis, capped at 50 qualifying calls per claimant.

August 18, 2025 — Final Approval Granted

The court grants final approval to the Momentum Solar TCPA settlement at the hearing on August 18, 2025. The settlement is now binding. Momentum Solar is required to make an initial $1 million payment to the settlement fund within 90 days of the final judgment. Subsequent payments follow until the fund reaches the applicable total, between $20 million and $30 million. Payouts to eligible claimants begin as funds accumulate, with distribution triggered once at least $1 million is available in the consumer benefit portion of the fund.

October 2025 — Court Orders Momentum to Cover Administrator Costs

A post-settlement dispute over claims administration fees results in a court order on October 6, 2025, requiring Momentum Solar to pay the settlement administrator Angeion Group approximately $550,000 in claims administration costs on an as-incurred basis. The settlement agreement had not clearly specified which party bore ongoing administration expenses. The court sides with plaintiffs, ruling that Momentum is responsible for satisfying those costs as they accrue, in addition to funding the consumer settlement fund itself.

What the TCPA Lawsuits Alleged

The Telephone Consumer Protection Act of 1991 restricts how businesses can contact consumers by phone. The statute prohibits automated calls or texts to cell phones and residential lines without prior express written consent from the recipient. It also prohibits calls to numbers registered on the National Do Not Call Registry. Each violation is a separate statutory offense carrying damages of $500, or $1,500 for willful violations.

Both Niemczyk and Walters allege that Momentum Solar, as part of its telemarketing-driven sales model, placed automated outbound calls to consumers who had not consented to receive them. The complaints cover calls made from March 5, 2015 through January 2, 2025, a ten-year span that encompasses Momentum’s aggressive national expansion. The class does not include current or former Momentum Solar customers, who would have provided some form of consent through the sales or installation process. It covers only non-customers who received unsolicited solicitation calls.

Who Was Eligible for the Settlement

The settlement class covers all U.S. residents who received two or more telemarketing calls from Momentum Solar, or from a third party acting on Momentum Solar’s behalf, within any 365-day period between March 5, 2015 and January 2, 2025. Current and former Momentum Solar customers are explicitly excluded. Registration on the National Do Not Call Registry is not required for eligibility. The basis for qualification is simply having received the calls.

Eligible claimants could submit claims for up to 50 qualifying calls. The per-call compensation amount depends on how many valid claims are submitted against the total fund. After attorneys’ fees of up to one-third of the fund, service awards to the three named plaintiffs ($7,500 for Niemczyk, $5,000 each for Hill and Wolford), and administration costs, the net consumer fund is distributed proportionally. Based on comparable TCPA settlements, individual payouts typically range from $30 to $300 per claimant, with higher amounts possible if total claim volume is lower than anticipated.

The July 31, 2025 claim deadline has now passed. Individuals who did not file by that date are bound by the settlement terms but will not receive payment. Those who submitted timely valid claims are in the distribution queue pending fund accumulation by Momentum Solar.

The Race Discrimination Lawsuits

The TCPA cases dominate public coverage of the Momentum Solar lawsuit, but the company also faced multiple employment discrimination class actions filed beginning in 2019. Wigdor LLP filed two separate suits on behalf of Black warehouse and call center employees alleging that management at the company’s New York operations cultivated a racist workplace environment where racial slurs were used daily by white supervisors without consequence, Black employees were paid less and assigned inferior roles, and any employee who filed a discrimination complaint was terminated in retaliation.

These cases were filed in New York federal courts and proceeded separately from the TCPA litigation in New Jersey. The outcomes of the discrimination cases are not publicly documented in detail, which typically indicates resolution through private settlement or dismissal rather than a public trial verdict. Momentum Solar denied all allegations in those cases as well.

What This Lawsuit Teaches Consumers

The Momentum Solar litigation exposes a pattern that runs through much of the solar industry’s rapid expansion: companies that grow fast through aggressive outbound telemarketing often do so by cutting corners on consumer protection compliance. The TCPA exists to give consumers meaningful control over who contacts them and how. When that control is bypassed at industrial scale, the statutory damages add up fast.

A $20 to $30 million settlement is significant. The payment structure, stretched over up to 15 years, suggests it is also near the limit of what the company can sustain. For individual claimants, the per-person payout will be modest. That is the nature of TCPA class actions: the harm is real but diffuse, the settlement is large in aggregate, and the individual recovery rarely compensates for the full disruption of years of unwanted calls.

The broader lesson for homeowners considering solar: the sales process matters. Aggressive telemarketing, high-pressure door-to-door visits, and promises of specific savings should be evaluated carefully against contract terms. The TCPA settlement addresses only the unsolicited calls. Separate consumer complaints about Momentum Solar involve misleading savings projections, undisclosed loan terms, installation delays, and contract cancellation difficulties, none of which are addressed by this settlement. Reading every contract line before signing remains the most reliable protection a consumer has in a transaction of this size. Similar pressures to act fast despite incomplete information have driven consumer disputes in industries ranging from energy to home services, patterns visible in cases like the Poppi soda false advertising settlement and the MaryRuth Organics contaminated products lawsuit, where consumer trust was misplaced in health and wellness claims. The BCBS antitrust settlement offers a parallel example of how systematic institutional practices affecting millions of consumers eventually face large-scale legal accountability.