Class Action Challenges Vivint Solar Termination Fees

Dekker v. Vivint Solar Class ActionOn Friday, Judge William Alsup granted class certification for the first group of California consumers ensnared by Vivint Solar’s residential power purchase agreements. In her lawsuit filed in the Northern District of California, Plaintiff Gerrie Dekker alleges that the termination and transfer fee provisions in her 20-year solar contract are unlawful liquidated damages under California law. These provisions effectively require consumers to buy out the remainder of the contract—in most cases, tens of thousands of dollars. Dekker and her counsel, the Matern Law Group, seek injunctive and declaratory relief to prevent Vivint Solar from enforcing these provisions on vulnerable consumers.

In a companion order, Alsup largely denied Vivint Solar’s motion for summary judgment—finding that Sunrun’s acquisition of Vivint Solar did not moot Plaintiff’s request for injunctive relief as to deceptive sales practices.

 

 

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