If you have BP solar panels you may be entitled to replacement of the solar panels and/or a new inverter from a class action settlement.
Para una notificación en Español, llamar 1-844-360-2767.
A Settlement has been reached in a class action lawsuit against BP Solar and Home Depot involving solar panels manufactured between 1999 and 2007 with an S-type junction box (“Class Panels”). You may be entitled to benefits from a $45.33 million common fund or a separate, $20 million claims-made settlement.
The lawsuit claims these panels are defective and prone to junction box failures which could cause burn marks at the junction box, shattered glass, and a potential fire hazard. BP and Home Depot deny these claims.
The Settlement includes anyone in the United States who: (1) purchased certain BP solar panels for installation on a property, or (2) currently owns a property on which these panels are installed and, in either case, who still owns some or all of the BP solar panels.
The panels were sold through various distributors and retailers, including but not limited to Solar Depot and Home Depot.
What does the Settlement provide?
Subject to Court approval, a $45.33 million fund will be created to pay for the removal and replacement of a subset of Class Panels (Category 1), and to pay administration, attorneys’ fees and costs, and Class Representative awards. A separate $20 million fund will be established for the remaining Class Panels (Category 2), which have a lower failure rate. Category 2 claimants will be entitled to a free visual inspection to identify any failed panels, replacement of failed panels, replacement of all panels if over 20% of panels have failed and, if not all panels are replaced, a free inverter with arc fault detection. Nonresidential class members with 400 or more Class Panels will be invited to commercial negotiations.
How can I receive benefits?
You must file a claim to receive benefits. You can file a claim online or call 1-844-360-2767 to request a claim form be sent to you. Category 1 claims will be paid until the Fund is spent. Category 2 claims will last for three years after it starts or until the $20 million fund is spent.
What are my rights?
If you want to keep your right to sue the Defendants yourself, you must exclude yourself from the Settlement Class by November 28, 2016. If you exclude yourself you will not receive benefits from the Settlement. If you stay in the Settlement Class, you may object to the Settlement by November 28, 2016. If you do nothing, you will not receive any benefits but you will still be bound by the Court’s decisions.
The Court will hold a hearing on December 22, 2016 at 3:00 p.m. PST to consider whether to approve the Settlement and a request for attorneys’ fees of up to $11 million, plus reimbursement of attorneys’ costs and expenses up to $600,000. The motion for attorneys’ fees and costs and class representative service awards will be posted on the website after they are filed. You or your own lawyer may appear at the hearing at your own expense. This is only a summary, so please review the court documents.