Group Solar and Solar Panel Installations New York Class Action

This class action brings suit against a group of companies engaged in the installation and financing of solar panel systems for homes in New York State—Group Solar USA, LLC, Solar Mosaic, Inc., Salal Credit Union, and Daniel Yomtobian Corp., which does business as Solar Program. The complaint alleges a list of problems, including an unfulfilled promise of “Welcome Checks,” faulty installations that did not produce power, and a refusal to resolve problems.

The class for this action is all persons who,

• For a residential property in New York State,
• Was provided, by one or more of the defendants in this case, with a solar panel installation and financing proposal referencing the delivery of Welcome Checks as a sum certain;
• Who accepted the proposal; and
• Who have received, as of December 15, 2022, less than that sum certain,
• During the applicable statute of limitations.

The plaintiffs in this case include parties who asked to have solar panels installed on their homes. For example, Manuel Acevedo and his daughter Isamar Delacruz spoke to “James,” a representative of Group Solar about an installation in 2020. Delacruz was there to translate for Acevedo, whose main language is Spanish.

During the conversation, the complaint alleges, James promised three Welcome Checks, totaling more than $4,800 which were presented as covering the first year of payments for the panels. According to the complaint, the system was supposed to generate power for all three floors of the home. Also, after reviewing Acevedo’s information, the complaint alleges, James urged that Delacruz cosign the agreement, saying this would help get a lower interest rate.

On November 11, 2020, the complaint alleges, James presented papers at Acevedo’s home that Acevedo understood were to begin an application for the solar panel system. Delacruz was not there, but the complaint alleges James said her mother could sign the contract in her name. What was signed that day, the complaint alleges, was not an application but the Retail Installment Contract and Security Act (RIC) assigned without recourse to Salal.

The complaint claims the panels were not installed until January 2021. In March, Acevedo received two Welcome Checks for $3,229.20, but the complaint alleges he never received any more. Furthermore, his electricity bill did not go down.

When Acevedo called the electricity company, the complaint claims, “ConEdison confirmed that while they had been informed of the panels being installed, the final processing and activation of the panels had not been conducted by Group Solar.” Acevedo and his wife tried repeatedly to contact Group Solar, but the complaint alleges no one answered the phone or got back to them. Salal also refused to help.

According to the complaint, after much effort, the panels were activated in January 2022, a year after installation, but the electricity went to only one of the three floors in the home.

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of Contract, Deceptive Advertising