Raúl Torrez | Attorney General

AG Balderas Sues Massive Solar Company for Defrauding New Mexicans & Jeopardizing Their Home Ownership

FOR IMMEDIATE RELEASE: March 8, 2018

Contact: James Hallinan (505) 660-2216

There are hundreds of clouded home titles and thousands of affected customers in New Mexico

Albuquerque, NM – This morning, Attorney General Hector Balderas announced he filed a lawsuit against Vivint Solar, Inc. and related companies (“Vivint”). Attorney General Balderas’ lawsuit claims Vivint was engaging in unfair and unconscionable business practices including clouding titles to consumers’ homes, fraud and racketeering in connection with its residential solar power purchase agreements and solar equipment. Through its investigation, the Office of the Attorney General has learned there are hundreds of clouded titles and thousands of Vivint customers in New Mexico. Attorney General Hector Balderas is committed to expanding access to clean, affordable solar energy across New Mexico, and will not tolerate bad actors who prey on the good intentions of New Mexico families and small businesses.

“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 hard working families,” said Attorney General Hector Balderas. “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.”

The complaint alleges that Vivint binds New Mexico consumers into 20-year contracts that require consumers to purchase the electricity generated by a solar system placed on their homes at rates that increase by over 72% during the 20 years. The complaint further alleges that Vivint deploys door-to-door sales managers to engage in high pressure sales techniques and procedures designed to mislead consumers into believing that these 20-year contracts will save them substantial amounts of money. The complaint also charges Vivint with filing improper notices in consumer real estate records that operate to cloud titles, and in some cases making it difficult for New Mexico consumers to sell their homes.

The lawsuit was filed today in the Second Judicial District Court in Bernalillo County. Please see attached for a copy of the complaint.

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Raul Torrez

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