On May 21, the Texas Office of the Attorney General (OAG) announced it filed a petition in the District Court of Bexar County against a solar panel company for allegedly engaging in fraudulent and deceptive practices through its sale of solar panel systems in violation of the Texas Deceptive Trade Practices Act (DTPA). The OAG’s investigation purportedly found nonexistent or significantly reduced energy savings, defective or nonfunctioning systems, improper installations, unanswered service requests, undisclosed warranty and maintenance fees, misrepresented tax-credit eligibility, and continued financing obligations for systems that allegedly failed to operate as promised. The OAG also alleged that the company engaged in deceptive financing practices, including purportedly using the personal information of a customer’s family member to make the family member the primary obligor on a financing loan without proper disclosure.

The petition raises six counts under the DTPA, alleging the company: (i) engaged in false, misleading, or deceptive acts or practices; (ii) represented the solar systems have characteristics, uses, or benefits which they do not have; (iii) misrepresented that goods are of a particular standard or quality; (iv) misrepresented the rights and obligations conferred by agreements; (v) misrepresented the rights and remedies conferred by warranties; and (vi) failed to disclose material information. It seeks temporary and permanent injunctive relief, an order requiring the company to preserve all consumer-related records, consumer restitution, and civil penalties of up to $10,000 per DTPA violation.