TRICKED BY HOME SOLAR SALES? – Turning the Tables on Unfair Practices with Available Legal Remedies
So, you thought getting a home solar system would be your ticket to guilt-free, eco-friendly energy savings, right? Only to find out that the solar company’s promises were about as real as a unicorn riding a rainbow.
If you’ve been duped, misled, or just plain hoodwinked by dodgy solar sales practices, fear not. Our California Unlawful Solar Sales Attorneys are here to shine a light on those shady dealings and help you navigate the murky waters of solar contracts gone wrong. Keep reading to learn how to turn your solar nightmare into a story with a happy ending—and we promise, no unicorns were harmed in the making.
Exposing Misleading Solar Practices and False Advertising
Imagine this: You’re promised by a solar company that installing their system will make your electric bill vanish like a magic trick. You eagerly agree, but after installation, you find that your electric bill is still very much alive and kicking. It’s like expecting a magic carpet ride and ending up with a doormat. Not only that, but the salesperson also assured you that the system would require zero maintenance, which turns out to be false as you start facing frequent technical issues. Worse yet, you look on your roof and there’s no solar panel despite what appears to be a massive debt on your credit report!
Misleading advertising or deceptive sales practices are illegal under both California and federal laws. Our California Unlawful Solar Sales Attorneys can investigate and take action against the companies that misled you about solar system performance, costs, or savings.
LEGAL OPTIONS:
Consumer Legal Remedies Act (CLRA): The CLRA protects against unfair competition and deceptive acts in consumer transactions. Under Cal. Civ. Code § 1750 et seq., it prohibits practices like false advertising and misrepresentation. Consumers can seek actual damages, injunctive relief, restitution, punitive damages, and attorney’s fees. Statutory damages can range up to $1,000 per violation. For example, a homeowner is told by a solar company that installing a solar system will completely eliminate their electric bill. After installation, they find that they still have significant electricity costs. We can help by investigating the misleading claims and taking action against the company for false advertising.
Federal Trade Commission Act (FTC Act): The FTC Act, under 15 U.S.C. § 45, prevents unfair or deceptive business practices. It prohibits false advertising, misleading representations, and other unfair practices. The FTC can investigate and take action against companies violating the act. Remedies can include injunctions, fines, and consumer restitution. For example, a company making unsubstantiated claims about energy savings from solar systems can be held accountable under the FTC Act.
Resolving Solar Contract Disputes and Breaches
Not what you bargained for: In this scenario, you agreed to install a top-notch solar system, but what you got was a bargain-bin version. The salesperson promised premium, high-efficiency panels, but the installers showed up with low-grade panels that don’t even match the specifications outlined in your contract. It’s like ordering a filet mignon and getting a fast-food burger. Furthermore, you were billed for additional components that you never agreed to, and the company is now refusing to address these discrepancies. We can represent you in a breach of contract case to ensure you receive the quality agreed upon or appropriate compensation.
If your solar contract terms were not honored or if you faced unexpected charges, Our California Unlawful Solar Sales Attorneys can represent you in these disputes to hold sellers accountable for any breaches of contract.
LEGAL OPTIONS:
When a solar company breaches its contract, you have several legal options. First, you can demand specific performance, where the court orders the company to fulfill its original promises, such as installing the high-quality panels you were promised. If specific performance isn’t practical, you can seek financial compensation for the actual losses incurred, including the difference in value between the promised and delivered panels, increased electricity bills due to lower efficiency, and any incidental expenses like temporary energy solutions.
In some cases, rescission of the contract may be appropriate, allowing you to cancel the agreement and return both parties to their pre-contract positions. This means you return the solar panels (if possible), and the company refunds your payments. For particularly egregious conduct, you might also pursue punitive damages to punish the company and deter similar behavior. Additionally, you can seek recovery of legal fees and costs, especially if your contract or California law provides for this.
California law also supports these remedies:
Cal. Civ. Code § 3300: Governs the measure of damages for breach of contract, focusing on compensatory damages.
Cal. Civ. Code § 1689: Addresses the grounds for rescission of a contract, including material breaches.
Cal. Civ. Code § 1717: Allows for the recovery of attorney's fees and costs if provided for by the contract or applicable statute.
Considering alternative dispute resolution methods like arbitration or mediation can also be beneficial. These methods can be faster and less costly than litigation, and some contracts may require ADR as a first step.
Stopping Unfair Debt Collection Practices for Solar Installations
Despite not getting the solar panel you bargained for, you are now bombarded with debt collectors like a gang of persistent mosquitos. You receive calls at all hours, and the debt collector even contacts your neighbors, claiming you are a delinquent debtor. They threaten legal action and use abusive language. Despite your attempts to explain that you are disputing the charges due to the installation issues, the harassment continues. We’ll be the bug spray, taking action to stop these practices and seek damages for any harm caused.
Unfair debt collection practices related to home solar sales can violate both the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (Rosenthal Act). These laws protect consumers from abusive, deceptive, and unfair debt collection practices.
LEGAL OPTIONS:
Fair Debt Collection Practices Act (FDCPA): The FDCPA, under 15 U.S.C. § 1692 et seq., prohibits abusive, unfair, or deceptive practices by debt collectors. Harassment, false statements, and other abusive practices are prohibited. Consumers can seek actual damages, statutory damages up to $1,000 per violation, and attorney’s fees. For example, if a debt collector harasses you over unpaid solar financing, you can take action under the FDCPA.
Rosenthal Fair Debt Collection Practices Act (Rosenthal Act): Similar to the FDCPA, the Rosenthal Act applies to all creditors in California. Under Cal. Civ. Code § 1788 et seq., it prohibits harassment, false statements, and unfair practices. Consumers can seek actual damages, statutory damages up to $1,000 per violation, and attorney’s fees. For example, if a solar company or debt collector is using harassment or deceptive practices to collect payments, we can take action to stop these practices and seek damages for any harm caused.
Consumers Have Enforceable Rights to Cancel Unlawful Solar Contracts
A senior citizen, say your lovable grammy, was pressured into signing a solar contract at their California home - she can cancel the agreement within five days, even if installation has begun. The salesperson claimed there was an urgent deadline to get a special discount, leading to a hasty decision without sufficient time to review the contract. Fortunately, you come over to take a look, and is shocked by this – the potential cost savings just doesn’t justify the outrageous costs.
Indeed, your grammy has a right to cancel even if the solar panels are already powering the oven currently baking her famous oatmeal cookies if it violates California's Home Solicitation Sales Act (HSSA).
LEGAL OPTIONS
California’s Home Solicitation Sales Act (HSSA): The HSSA, under Cal. Civ. Code § 1689.5 - 1689.14, protects consumers who enter into contracts at home or other locations away from the seller’s usual place of business. It allows consumers to cancel contracts within three business days (five days for seniors).
Sellers must provide a clear notice of this right along with a detachable cancellation form. Remedies include rescission of the contract and recovery of any payments made. Therefore, a consumer pressured into signing a solar contract at their home can cancel the agreement within five days, even if installation has begun.
Financial Remedies Are Available for Hidden Solar Financing Costs
Say you enter into a financing agreement for your solar system, but later discover a trove of hidden fees and unexpected costs. The agreement mentioned low-interest rates, but after signing, you find out there are administrative charges, early payment penalties, and inflated interest rates after a promotional period ends. This sucks.
Our California Unlawful Solar Sales Attorneys can help you pursue financial remedies, including refunds, compensation for damages, or relief from unfair financing agreements under the Truth in Lending Act (TILA) and the Holder Rule.
LEGAL OPTIONS
Truth in Lending Act (TILA): TILA, under 15 U.S.C. § 1601 et seq., ensures consumers are informed about credit terms and costs. Lenders must provide clear and accurate information about credit terms. Consumers can seek actual damages, statutory damages up to $1,000 per violation, and attorney’s fees. For example, a consumer enters into a financing agreement for their solar system but later finds hidden fees and unexpected costs. We can assist by reviewing the agreement under TILA and seeking financial remedies or adjustments to the terms.
Holder in Due Course Rule (Holder Rule): The Holder Rule, under 16 C.F.R. § 433.2, protects consumers from unfair practices by companies that purchase consumer credit contracts. Consumers can assert claims and defenses against any holder of the contract. Remedies include rescission of the contract and recovery of any payments made. For example, if a financing company, such as the bank, tries to enforce unfair terms, you can hold them accountable under the Holder Rule.
Correcting Solar Credit Reporting Violations
Issues with credit reporting can arise from solar sales agreements, especially if the company mishandles your financial information or reports inaccurate data to credit bureaus.
Say you, a homeowner, discovers that the solar company or the financing bank has reported incorrect payment information to credit bureaus – negatively impacting your credit score. The report shows multiple missed payments which are completely inaccurate and have led to a significant drop in your credit score, which will affect your ability to secure a mortgage refinance at a favorable rate. This is like finding out your credit report is a horror story you never bought a ticket for. Despite contacting the solar company and the credit bureau, the errors persist. Our Credit Reporting Attorneys can help correct these inaccuracies and seek damages for any harm caused.
LEGAL OPTIONS
Fair Credit Reporting Act (FCRA): The FCRA, under 15 U.S.C. § 1681 et seq., ensures the accuracy, fairness, and privacy of consumer information held by credit reporting agencies. Consumers can dispute inaccurate information and require credit reporting agencies to correct it. They can recover actual damages, statutory damages up to $1,000 per violation, and attorney’s fees. For example, if a solar company misuses your credit information or reports incorrect data, you can seek remedies under the FCRA.
California Consumer Credit Reporting Agencies Act (CCRAA): Similar to the FCRA but specific to California, the CCRAA under Cal. Civ. Code § 1785.1 et seq., provides additional protections and rights for California consumers regarding their credit reports. Consumers can seek actual damages, statutory damages up to $5,000 per violation, and attorney’s fees. For example, if a solar company reports incorrect payment information to credit bureaus, negatively impacting your credit score, we can help correct these inaccuracies and seek damages for any harm caused.
Taking Legal Action Against Solar Fraud and Unfair Practices
Imagine a sales person for solar company showed up at your door, promising significant tax rebates and incentives, which turn out to be nonexistent. They also assure you of specific energy savings that are grossly exaggerated. After installation, you realize the system isn’t performing as advertised, and the promised rebates never materialize. This isn’t just wrong – IT’S UNLAWFUL – and may be fraud.
When necessary, consumers must be prepared to take legal action against offending companies. R23 Law is here to ensure you receive the justice and compensation you deserve. Sometimes, the best defense is a good offense, and our consumer protection attorneys are ready to go to bat for you. We can take legal action to halt their fraudulent activities and recover your losses.
LEGAL OPTIONS
Unfair Competition Law (UCL): The UCL, under Cal. Bus. & Prof. Code § 17200 et seq., prohibits unlawful, unfair, or fraudulent business acts or practices. It broadly covers any illegal, unethical, or misleading business conduct. Remedies include restitution, injunctive relief, and civil penalties. For example, if a solar company engages in fraud or other unethical practices, we can take legal action to stop their activities and seek restitution for any damages caused.
Tort Law: If a solar company has engaged in fraudulent actions, you have strong legal options under tort law. You can allege causes of action such as fraudulent misrepresentation, where the company knowingly made false statements; concealment, where critical information was intentionally withheld; negligent misrepresentation, for false statements made carelessly; and intentional infliction of emotional distress if their actions caused severe emotional harm. Remedies include compensatory damages for financial losses, punitive damages to punish egregious conduct, and non-economic damages for emotional distress.
SEEK AN ATTORNEY TO OBTAIN POSSIBLE FINANCIAL COMPENSATION.
Should I Represent Myself?
NO! You will almost certainly lose without an attorney, even if you should win on the legal issues. This is because you won’t understand the complex procedures applicable in court, and judges do not waive the rules for self-represented persons. As Abraham Lincoln said - “He who represents himself has a fool for a client.”
Can You Afford An Attorney?
YES. Many consumer protection attorneys, including our team, can handle Solar Sales matters for you on a contingency basis. Like those personal injury billboards you see while driving – you don't pay unless you win.
