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1800SolarUSA Claim. I live in San Antonio, Texas. I was

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1800SolarUSA Claim. I live in...
1800SolarUSA Claim. I live in San Antonio, Texas.
I was suckered in to a con from 1800SolarUSA. The process started in late 2016, I was researching solar programs after receiving two quotes from local solar companies. I ran the numbers for power off set and cost of the system with financing, and just couldn’t make it work. I started on a Texas DOT website https://energy.gov/eere/femp/energy-incentive-programs-texas, and through a series of links, ended up entering my name into a call back field to have someone contact me. I assumed that this was verified by the state of Texas.
Less than a week later, a sales rep from 1800SolarUSA contacted me. He presented himself professionally, and as though his program were “official” from my perspective. I did not have time to research his organization at that time, and accepted the appointment for a consultation at our home.
He arrived and provided a lot of literature on their technology, and also gave me a quote on a system, provided a guarantee in writing that the system would off-set at least 89% of my electricity costs averaged over a year, and included an energy audit, warranty, and financing.
The plan was to have the system installed. We would pay 1800SolarUSA using a loan from a financing company. The loan would be zero interest for 12 months. This would provide enough time for us to get our Federal tax rebate and the CPS Energy rebate. We would pay down the balance with these rebates, then finance the remaining balance with 1800SolarUSA for a low rate for 20 years.
He did not force us to sign on the spot, and after a few days, I agreed and signed the paperwork for the installation and temporary loan.
The system installation tool much longer than I thought, but was completed by a subcontractor in March. We paid the invoice to 1800SolarUSA in February when installation was underway (though not yet complete). I learned that 180SolarUSA went out of business in March when I tried to contact my sales rep and customer service rep for an update on the paperwork for our CPS Energy rebate.
The system was installed, but a later evaluation of the system revealed that the production rate was much lower than promised. The system they installed will never off-set 89% of my electricity use over any year. Also, the warranty service through 1800SolarUSA is void. My end cost per Watt was 5.74, much higher than originally promised. Even without the egregious price per Watt, I also paid for the 89% off-set guarantee and the warrantee, neither of which I can ever receive now.
I was informed by another solar installer that I could dispute the charges with the finance company because I was misled, provided a product that did not meet promised performance levels, and will not receive what I paid for.
Is this an option? If not, do I have any legal recourse since 1800SolarUSA (aka Altitude Marketing) is now out of business?
Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 5 hours by:
9/8/2017
Consumer Protection Lawyer: Asad Rahman, Lawyer replied 8 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2,438
Experience: Practicing Attorney with 10 years experience
Verified

Yes disputing with the finance company is the best bet. There are no assets presumably in the company to collect on even if you sued. It would be difficult to collect against the former shareholders of the company unless you had proof of actual conduct by them.

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Customer reply replied 8 months ago
I'm glad to see that is an option. What is the process for disputing the debt with the finance company? Am I on shaky legal ground, or is this care solid? I, of course, have the documentation from 1800SolarUSA that shows their written claims.
Consumer Protection Lawyer: Asad Rahman, Lawyer replied 8 months ago

They would ikely ask for that evidence and even any correspondence about the promises they made. I think the fact that they are out of business so soon after you gave them business also supports this. Look up and see if there have been any fraud alerts with the Texas Attorney General's office.

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Customer reply replied 8 months ago
There are no fraud alerts on the TX Attorney General's website for Altitude Marketing or 1800SolarUSA. I also checked Colorado since the business is incorporated there. Should I contract a Consumer Protection Attorney to write the letter? Can I contract for that through this website?
Consumer Protection Lawyer: Asad Rahman, Lawyer replied 8 months ago

If you pursue it in Texas, we should talk. However, contesting through your finance company is your first route. If that fails then an attorney involvement makes sense.

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Customer reply replied 8 months ago
okay, so I can dispute this in Texas and work with you then? I'll gather my documentation and use the Call Me feature through this either tomorrow or Wednesday then. Thank you.
Consumer Protection Lawyer: Asad Rahman, Lawyer replied 8 months ago

I'll be traveling this week, but this weekend or early next week we can try to connect.

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Customer reply replied 8 months ago
Ok, thank you. I will click the "Call Me" button on Saturday. Thank you.
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