BP Solar Panel Defect Class Action Settlement

A settlement has been reached in a class action lawsuit that alleges solar panels made by BP Solar and sold by Home Depot are defective and pose a fire hazard and risk of shattered glass.

If you have BP solar panels, you may be entitled to either the replacement of your solar panels and/or a new inverter from this solar panel defect class action settlement.

The BP solar panel defect class action lawsuit involves solar panels that were manufactured by BP Solar International Inc. between 1999 and 2007 with an S-type junction box.

The plaintiffs assert that the solar panels are susceptible to junction box failure, possibly leading to burn marks, shattered glass and a fire hazard.

According to the solar panel defect class action lawsuit, the affected BP solar panels cannot be repaired. Instead, they must be removed and replaced.

The plaintiffs claim that BP has been aware of the dangerous solar panel defect since at least 2003 but continued selling the allegedly defective solar panels until 2010.

The BP solar panel class action asserts that there is a defect in the junction box and the solder joints between the cables that connect the solar panels, which causes the solder joints to overheat and lead to joint failure.

“The failed joint causes electrical arcing to occur and generates temperatures of 2000-3000 degrees,” the BP solar panel defect class action lawsuit states. “The electrical arcing results in an immediate loss of the functionality of the Solar Panel and creates a serious fire safety risk.”

The defendants deny the allegations but have agreed to pay more than $65 million to settle the solar panel defect class action lawsuit.

If you would like to exclude yourself from or object to the BP solar panel class action settlement, you must do so no later than Nov. 28, 2016.

Who’s Eligible

Class Members of the BP solar panel settlement include anyone in the U.S. who purchased Class Panels for initial installation on a property, or who purchased property on which the Class Panels were already installed, and who currently own at least some of the Class Panels.

NOTE: BP solar panels that were manufactured after 2007 or panels manufactured between 1997 and 2007 that do not have an S-type junction box are not covered by this class action settlement.

Potential Award

Varies, depending on whether the Class Member’s solar panels fall into Category 1 and/or Category 2.

Category 1: The defendants will pay for the removal, replacement and disposal of Class Panels that fall into Category 1 (see chart above or view the long form notice available on the settlement website for a full list).

Category 2: These solar panels have a lower failure rate than those in Category 1. Category 2 claimants will be entitled to a free visual inspection of their solar panels. If the failure rate of the claimant’s panels exceeds 20 percent, the claimant will be entitled to a full replacement of their Class Panels. If the failure rate is less than 20 percent, the claimant will receive a new inverter with arc fault detection, installed at no cost. This technology will preemptively shut down a system that is experiencing arc fault failure.

Proof of Purchase

Claimants may need to provide proof of ownership of the solar panels, proof of purchase, serial numbers, and other information about their BP solar panels. Read the Claim Form carefully to make sure you provide all required documentation.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

Category 1 Class Members do not have a set Claim Form deadline, just when funds deplete. Category 2 Class Members have a deadline of 2/6/20 or when funds deplete.

Case Name

Michael Allagas, et al. v. BP Solar International, et al., Case No. 3:14-cv-00560-SI, in the U.S. District Court for the Northern District of California

Final Hearing

12/22/2016

UPDATE: The BP Solar Panel Defect Class Action Settlement was granted final approval on December 22, 2016.  The settlement became Effective on January 23, 2017.  The settlement administrator began processing claims on February 6, 2017.  Class members are encouraged to submit claims as soon as possible.  Claims will be accepted until settlement funds are depleted.

Settlement Website

www.BPSolarSettlement.com

Claims Administrator

BP Solar Panel Settlement
c/o JND Legal Administration
P.O. Box 6878
Broomfield, CO 80021
1-844-360-2767
info@BPSolarSettlement.com

Class Counsel

David M. Birka-White
Mindy M. Wong
BIRKA-WHITE LAW OFFICES

Robert J. Nelson
Nimish R. Desai
John T. Spragens
LIEFF CABRASER HEIMANN & BERNSTEIN LLP

Defense Counsel

Matthew T. Heartney
Alex Beroukhim
ARNOLD & PORTER LLP