Arizona along with the U.S. Department of Justice and the Federal Trade Commission, sued Vision Solar LLC and one of its lead generators, Solar Xchange LLC, and its owner Mark Getts, in connection with unlawful telemarketing sales calls and misrepresentations relating to the sale and installation of residential solar panels in Arizona and beyond.
Solar Xchange and Getts have agreed to settle the claims that they violated the Federal Trade Commission Act, the Federal Telephone Solicitation Rule, the Arizona Consumer Fraud Act, and the Arizona Telephone Solicitations Act
Vision Solar is a residential solar installation company that sells solar panels and installation services directly to consumers, mostly through in-person sales presentations at consumers’ homes. According to the complaint, Vision Solar violated state and federal law by making false, misleading, or unsubstantiated statements about, among other things, energy savings consumers could realize, available tax rebates and incentives, that the monthly payment for solar panels would replace consumers’ current electric bill, and that consumers would begin to realize savings immediately. In reality, the complaint alleges, many Vision Solar consumers waited months to get their solar panels installed and operational, while they had to make monthly payments for both the finance charge for the non-operational solar panels and their existing utility bill for electricity.
In addition, the complaint alleges that Vision Solar’s telemarketers at times falsely claimed to be affiliated with a utility company or government agency. According to the complaint, Vision Solar’s telemarketers, including Solar Xchange, also called consumers who are on the Do Not Call Registry.
Pursuant to a settlement agreement resolving the allegations against them, Solar Xchange and Getts will be prohibited from: misrepresenting that they are affiliated with any utility or government agency; making unsubstantiated claims regarding the cost of installing solar panels; and engaging in abusive telemarketing practices. The order also imposes a partially suspended civil penalty of $13.8 million.