BP Class Action Settlement Reached Over Alleged Solar Panel Defect

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A former unit of BP LLC and Home Depot USA Inc. have reportedly agreed to settle a class action lawsuit alleging BP produced defective solar panels, according to documents filed last week in California federal court.

On Aug. 12, the plaintiffs filed a motion asking a judge to preliminarily approve the proposed BP class action settlement, which is worth more than $67 million. BP has agreed to inspect and replace the solar panels of all eligible Class Members.

“Crucially, the settlement is designed to eliminate all safety risk to all S-type panel owners because those who are not entitled to full replacement will be made far safer through inspection and installation of an inverter,” the BP class action settlement documents state.

The BP solar panel class action lawsuit was initially filed in California state court in January 2014 and was later transferred to federal court. It alleges that BP’s solar panels had a defect that caused the shoulder joint of the panels to overheat and cause the glass covers to shatter.

Under the terms of the proposed BP solar panel settlement, Class Members include all persons or entities in the United States who currently own photovoltaic modules manufactured by BP between 1999 and 2007 which utilize the S-type junction box (“Class Panels”).

These Class Panels are divided into two categories: FDK+ and Non-FDK+. The FDK+ category includes models that were subject to a 2012 Product Advisory by BP and other models that had high warranty return rates. The Non-FDK+ category includes other models with the S-type junction box, which had comparatively lower warranty claim rates.

The plaintiffs assert that this proposed BP solar panel settlement “provides significant and substantial relief.”

Class Members with solar panels with higher failure rates will be eligible for complete replacement of their solar panels, even if the panels have not actually failed. Other Class Members are eligible to have their failed solar panels replaced. They will also receive at no cost to them a new inverter with advanced safety technology.

Additionally, owners of large, non-residential solar panel systems will be entitled to a mediated commercial negotiation with BP. If they are unsatisfied with the compromise reached during the mediation sessions, they are entitled to opt out of the BP solar panel settlement, even if the official opt-out deadline has passed.

Instructions on how to file a claim for the BP solar panel defect class action settlement were not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also “Follow” this case by using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Robert J. Nelson, Nimish R. Desai and John T. Spragens of Lieff Cabraser Heimann & Bernstein LLP, and David M. Birka-White and Mindy M. Wong of the Birka-White Law Offices.

The BP Solar Panel Class Action Lawsuit is Michael Allegas, et al. v. BP Solar International Inc., et al., Case No. 3:14-cv-00560, in the U.S. District Court for the Northern District of California.