Solar Panels Company Tricks Spanish-Speaking Customers, Class Action Says

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A California solar panels company has been accused of deceptive business practices in a class action lawsuit brought by its Spanish-speaking customers.

Lead plaintiff, Rosa De La Pena, alleges in her class action lawsuit that Genesis California deliberately misrepresents the quality of their products and makes Spanish-speaking customers sign documents in English in violation of California law.

The plaintiff accuses the company of making significant amounts of money using these deceptive business practices.

De La Pena says she was tricked into purchasing solar panels from the company based on negotiations that were conducted in Spanish promising a reduction in her energy bill and even a government bonus. She says that she was required to sign an English contract she did not understand and ultimately her energy bills increased after the Genesis products were installed.

“After installation of the solar panels, Plaintiff did not experience any energy savings as promised by Defendant,” states the solar panels class action lawsuit. “To the contrary, Plaintiff’s electricity has increased each month with the solar panels installed. At no point has Plaintiff received any bonus of any kind from the government for installing the solar panels.”

According to the class action lawsuit, Genesis would solicit business using door-to-door marketing touting their products as a way to save on energy bills. After negotiating with Spanish-speaking consumers, says the plaintiff, the representative would make them sign an English contract that differed from the terms negotiated.

De La Pena alleges that Genesis violated California law requiring contracts to be provided in languages other than English to those who conduct negotiations in other languages. Additionally, the plaintiff alleges that Genesis’ solar panels sold using the home solicitation process do not live up to their marketing. The plaintiff says that she and others did not experience a reduction in their energy bills after the solar panels were installed.

The plaintiff seeks to represent two separate Classes; a “Language Class” and a “Home Solicitation Class.” The Language Class includes those in California who signed an English-language contract with Genesis for solar panels after negotiating in a language other than English within the past four years. The Home Solicitation Class includes those in California who entered a Genesis contract for solar panels in the past four years.

According to the solar panels class action lawsuit, Genesis is in violation of a California law that prohibits companies from forcing consumers to enter into contracts written in a language they don’t know.

“At a date presently unknown to Plaintiff, but at least four years prior to the filing of this action… Defendant has engaged in the practice of forcing California consumers, like Plaintiff, to enter into illegal contracts written in a language unknown to said consumers,” alleges the lawsuit.

The solar panels class action also alleges that Genesis entered into a business practice that is unlawful and fraudulent under California law when they started touting their products as energy savers door-to-door.

The plaintiff is asking the court to require the solar company to return money to putative Class Members, along with restitutions for their alleged ill-gotten gains.

De La Pena is represented by Matthew M. Loker, Abbas Kazerounian and Elizabeth Wagner of Kazerouni Law Group APC, and Joshua Swigart of Hyde & Swigart.

The Genesis Solar Panels Class Action Lawsuit is Rosa De La Pena v. Genesis California, Case No. 3:18-cv-00303-AJB-WVG, in the U.S. District Court for the Southern District of California.