Alleged consumer protection violations by Vivint Solar have resulted in a $4.3 million settlement with district attorney\u2019s offices in five California counties, including San Diego.<\/p>\n
The case stems from allegations the rooftop solar company materially misrepresented certain terms of power purchase agreements or failed to make adequate disclosures that resulted in consumers being misled.<\/p>\n
Under the terms of the settlement, Vivint Solar will pay $1.3 million in civil penalties and investigative costs and establish a $3 million restitution fund to compensate eligible California consumers who entered into power purchase agreements with the company between Aug. 3, 2016, and Oct. 8, 2020.<\/p>\n
The complaint was filed in Riverside County Superior Court<\/a> and was jointly prosecuted by district attorneys in Riverside, San Diego, Alameda, Fresno and San Francisco counties.<\/p>\n Vivint Solar has since been acquired<\/a> by solar, battery storage and energy services company Sunrun, with Vivint becoming a wholly-owned subsidiary.<\/p>\n Sunrun is not a party to the law enforcement action and prosecutors noted in a news release<\/a> announcing the settlement that \u201cVivint Solar and Sunrun and its counsel have worked cooperatively with public agencies to resolve the matter.\u201d<\/p>\n The San Diego District Attorney\u2019s Office said the alleged violations included Vivint misrepresenting its relationship between the company and a local power company, such as \u201cwearing clothing branded with a Southern California utility company.\u201d It did not mention which utility.<\/p>\n Other allegations included:<\/p>\n mispresenting the ability of consumers to cancel their contracts or agreements, and \u201cWhen companies use misleading and aggressive tactics to ensnare customers, as in the case of this solar company, they are engaging in unfair competition and other consumer protection violations and will be held responsible under the law,\u201d San Diego District Attorney Summer Stephan said in a statement.<\/p>\n \u201cThe timeframe of the allegations is before Sunrun\u2019s acquisition of Vivint Solar,\u201d Sunrun spokesperson Wyatt Semanek said in an email to The San Diego Union-Tribune. \u201cWhile Vivint Solar denied any wrongdoing, we are pleased to have resolved this matter with a solution that puts customers first.\u201d<\/p>\n Under the terms of the settlement, Vivint Solar will notify eligible consumers how to submit claims to take part in the $3 million restitution fund, as well as deadlines for making submissions. Information will also be posted on the Vivint Solar Inc.<\/a> and Sunrun<\/a> websites by March 5.<\/p>\n \u201cWe are committed to complying fully with the agreement to provide notice about the claims process ahead of the deadline and promptly addressing any remaining customer concerns, consistent with Sunrun\u2019s industry-leading consumer protections and customer experience,\u201d Semanek said.<\/p>\n \u201cIf you believe that you were a victim \u2026 we encourage you to take time, gather information and make a claim,\u201d as allowed in the settlement agreement, said San Diego County Deputy District Attorney Colleen Huschke.<\/p>\n
\ntelling customers their bills would be lower, when in many cases they climbed higher.<\/p>\n