Can I File a Class Action or Have a Jury Trial in a Solar Panel Lawsuit?

When facing issues with solar panel installations or financing, many homeowners ask, “Can I file a class action or have a jury trial?” This is an important question for those seeking justice and compensation for misleading sales practices, defective products, or unfulfilled warranties. However, many find themselves bound by arbitration clauses that significantly limit their legal options.

Why Do Companies Push for Arbitration?

Solar companies and lenders frequently include arbitration clauses in their contracts. This isn’t a coincidence but rather a deliberate strategy to protect themselves from high-stakes litigation. Here are the main reasons:

  1. Avoiding Jury Trials

    Companies aim to avoid jury trials because juries can be unpredictable. In cases involving frustrated homeowners, a local jury might empathize with the plaintiff and award substantial damages. Arbitration, on the other hand, is handled by a neutral third party and generally results in lower awards.

  1. Preventing Class Action Lawsuits

    Arbitration clauses often include language that forbids individuals from joining class actions. Class actions allow multiple plaintiffs to combine their claims into a single lawsuit, potentially leading to massive settlements or judgments. By forcing disputes into arbitration, companies limit their exposure to these types of collective actions.

What Does This Mean for Homeowners?

If you’ve signed a contract with an arbitration clause, it’s essential to understand how it impacts your ability to seek justice:

  • No Jury Trial: Arbitration means your case will not be heard in a traditional court. Instead, a professional arbitrator will review the facts and make a binding decision.

  • No Class Actions: You’ll need to file your claim individually, which can be a daunting and expensive process for a single homeowner.

Is There Any Way Around Arbitration Clauses?

While arbitration clauses are enforceable in most cases, there are situations where you might still have options:

  • Unconscionability: If the arbitration clause is deemed excessively unfair, a court might void it. This is rare but possible.

  • Violation of Consumer Protection Laws: Some states have robust consumer protection laws that may override arbitration clauses in certain scenarios.

  • Federal Trade Commission Holder Rule: If your lender is involved, the FTC Holder Rule may allow you to assert claims against them that you could also assert against the seller.

What Should You Do?

If you believe you’ve been wronged by a solar company or lender, consult an experienced attorney to explore your options. Even if arbitration is required, a skilled lawyer can guide you through the process, ensuring you present the strongest case possible.

Conclusion

While arbitration clauses may limit your ability to file a class action or have a jury trial, they do not eliminate your rights entirely. Understanding the terms of your contract and seeking legal advice are crucial steps toward achieving justice. By staying informed, you can navigate the challenges of arbitration and work toward a resolution that addresses your concerns.

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"Took Care of Everything"

I felt completely stuck when Encor went out of business, leaving me with an unfinished solar system that didn’t work, failed inspections, and a loan I still had to pay. On top of that, they misled me about tax credits and savings, and I ended up paying more in taxes and insurance instead. Prevost Law Firm stepped in and took care of everything. Their team handled my case with professionalism and compassion, and I’m so grateful for the outcome. If you're struggling with solar issues, you need to call them. (Cara J.)

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My experience with Encor Solar was a disaster. They installed a system that didn’t work, used an unlicensed subcontractor, voided my roof warranty, and lied about the need for batteries during power outages. When they went out of business, they left me with an unfinished system and no way to fix the mess they created. Prevost Law Firm was amazing—taking on my case and delivering results that exceeded my expectations. They are true advocates for homeowners, and I’m so grateful for their help. If you're facing a similar situation, I can’t recommend them enough! (John S.)

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Working directly with Mr. Prevost was excellent. Having worked with several attorneys in several fields regarding general real estate matters, I was very pleased with my specific niche case against UCC-1 filings regarding solar liens. Mr. Prevost knew exactly how things would play out in handling the matter and communicated each stage clearly with me as to what I should do and what his team would need from me in the process. (Cody McDonald)

"Changed Our Lives

We can’t thank Prevost Law Firm enough for what they’ve done for us. My wife and I felt utterly defeated and trapped by the $73,590 loan for a solar panel system that never even worked. Encor, the installer, went out of business before the system passed inspection, but Solar Mosaic still demanded we pay for it. As disabled homeowners, we felt taken advantage of and didn’t know where to turn.


From the first phone call, their team made us feel like we weren’t alone in this fight. They listened to our story, fought tirelessly on our behalf, and never gave up until they got results. Thanks to them, our $73,590 loan was completely canceled, and we were refunded every single dollar of the $28,493 we had already paid into the loan. Best of all, we got to keep the solar panels for free!

When we got the news, we were overwhelmed with relief and gratitude. My stroke has already made life challenging enough, and this financial nightmare had only added more stress. Now, thanks to Prevost Law Firm, we can breathe again and finally focus on getting the panels working for us.

To anyone dealing with a solar panel loan disaster: don’t wait—call Prevost Law Firm. They are incredible, and they truly fight for people like us. We are so grateful we found them, and we hope others in similar situations will reach out for their help.

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Nothing herein is intended, and does not, create an attorney client relationship and is for informational purposes only. The Prevost law firm is licensed in Texas and is licensed to practice law in all Texas state courts and in multiple Federal Courts and Arbitration in 46 states. Solar sales are governed by both state and federal law. The attorney client relationship will only be created after the parties enter into a signed letter of representation.