New Mexico Attorney General Hector Balderas has filed a 17-count civil complaint against Utah’s Vivint Solar. The action includes allegations of unfair business practices, fraud and racketeering.
Following consumer complaints, Balderas said in a release that an investigation by his office found that Vivint uses “high-pressure sales techniques and procedures designed to mislead consumers.” He said the probe uncovered clouded titles on residents’ homes and evidence of 20-year contracts that call for rates to increase by over 72 percent during the period in which consumers pay off their solar installations.
“I will fight to protect the rights of all New Mexico consumers and hold giant, out-of-state corporations accountable who abuse, mislead and employ dishonest practices to defraud our hardworking families,” Balderas said in the statement. “Every New Mexican deserves access to clean, affordable energy, and the development and expansion of rooftop solar should be encouraged by businesses that use the industry’s best practices to help consumers become more energy-independent.”
Vivint Solar strongly disputed the facts behind the filing in a statement issued in response to the Balderas’ action.
“Much of the interest in this lawsuit has been driven by a press release that not only misrepresents Vivint Solar’s dealings with consumers in the state, but also does not accurately describe the attorney general’s own allegations in the disputed lawsuit,” the statement said.
Vivint said it will address the allegations in court. The company vehemently denied it was responsible for clouded home titles in New Mexico. “To be clear, Vivint Solar does not, has not, will not and cannot ever jeopardize its customers’ home ownership. Vivint Solar does not take a lien on its customers’ homes under its purchase power agreements or solar system lease agreements. A (purchase power agreement) is commonly used throughout the residential solar industry as a means of providing consumers with access to clean, affordable energy with no upfront investment by the customer; in exchange, the customer agrees to pay for all energy produces by the solar energy system.”