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.
On December 22, 2016, the Court approved the $45.33 million Common Fund 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. The Court also approved the separate $20 million Claims Made Fund 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.
Who’s Eligible
Class Members of the BP solar panel settlement include anyone in the U.S. who purchased Class Panels for initial installation on a property, or who purchased property on which the Class Panels were already installed, and who currently own at least some of the Class Panels.
NOTE: BP solar panels that were manufactured after 2007 or panels manufactured between 1997 and 2007 that do not have an S-type junction box are not covered by this class action settlement.
Potential Award
Varies, depending on whether the Class Member’s solar panels fall into Category 1 and/or Category 2.
Category 1: The defendants will pay for the removal, replacement and disposal of Class Panels that fall into Category 1 (see chart above or view the long form notice available on the settlement website for a full list).
Category 2: These solar panels have a lower failure rate than those in Category 1. Category 2 claimants will be entitled to a free visual inspection of their solar panels. If the failure rate of the claimant’s panels exceeds 20 percent, the claimant will be entitled to a full replacement of their Class Panels. If the failure rate is less than 20 percent, the claimant will receive a new inverter with arc fault detection, installed at no cost. This technology will preemptively shut down a system that is experiencing arc fault failure.
Proof of Purchase
Claimants may need to provide proof of ownership of the solar panels, proof of purchase, serial numbers, and other information about their BP solar panels. Read the Claim Form carefully to make sure you provide all required documentation.
Claim Form Deadline
TBD. The Settlement Administrator will not begin processing claims until the settlement becomes final.
Case Name
Michael Allagas, et al. v. BP Solar International, et al., Case No. 3:14-cv-00560-SI, in the U.S. District Court for the Northern District of California
Final Hearing
12/22/2016
Settlement Website
Claims Administrator
BP Solar Panel Settlement
c/o JND Legal Administration
P.O. Box 6878
Broomfield, CO 80021
1-844-360-2767
[email protected]
Class Counsel
David M. Birka-White
Mindy M. Wong
BIRKA-WHITE LAW OFFICES
Robert J. Nelson
Nimish R. Desai
John T. Spragens
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
Defense Counsel
Matthew T. Heartney
Alex Beroukhim
ARNOLD & PORTER LLP
