Loading
Energy
6 min read
Areas of Expertise :
Solar Panel, Advertising, Marketing, Sales, Economic Damages
Published Date:
Last Modified Date:
Jurisdiction:
Federal. Second Circuit
Lojewski, et al. v. Group Solar USA, LLC, et al. is a consumer class action filed on December 22, 2022, in the U.S. District Court for the Southern District of New York. The lawsuit examines allegations that certain residential solar customers were induced to enter into solar agreements based on promised financial incentives, commonly referred to as “Welcome Checks”, that plaintiffs contend were not paid in full or delivered as represented during the sales process. The complaint does not advance a theory of uniform equipment defect, but instead focuses on sales representations, incentive disclosures, and consumer inducement practices.
The action was brought primarily under New York General Business Law §§ 349 and 350, along with related claims for breach of contract, unjust enrichment, restitution, and alleged violations of New York Personal Property Law § 401. Certain plaintiffs also asserted individualized claims under the Magnuson-Moss Warranty Act, reflecting variations in contractual arrangements and asserted injuries. As residential solar adoption has expanded across New York, the case illustrates how consumer litigation may center on the marketing and structuring of financial incentives tied to solar panel sales, progressing through motion practice and discovery before moving toward partial resolution through a proposed settlement with one defendant while other claims remain pending.
On December 22, 2022, plaintiffs filed a proposed consumer class action in the U.S. District Court for the Southern District of New York against Group Solar USA, LLC and other entities involved in the residential solar panel sales and financing program. The complaint alleged that consumers were promised financial incentives described as “Welcome Checks” during the sales process, which plaintiffs asserted were underpaid or not paid as described. These representations were alleged to be material inducements influencing homeowners’ decisions to enter into solar agreements. The claims relied primarily on New York consumer protection statutes governing deceptive acts and misleading advertising, along with contract-based and restitutionary theories.
Following the filing of the complaint, the litigation moved through early procedural stages typical of consumer class actions. The court addressed motions involving arbitration provisions applicable to certain plaintiffs, resulting in some claims being compelled to arbitration while other claims, including those asserted against Salal Credit Union, remained pending in federal court. Additional motion practice led to partial dismissal of certain causes of action while allowing others to proceed.
Throughout this period, the litigation remained focused on alleged sales representations and incentive disclosures rather than on establishing a class-wide theory of defective solar equipment. Discovery disputes continued into 2024, including court-ordered disclosures related to records and practices associated with the alleged “Welcome Check” incentive program.
By 2025, plaintiffs and defendant Salal Credit Union reached a proposed class-wide settlement intended to resolve certain consumer claims related to alleged “Welcome Check” incentives associated with New York residential solar contracts assigned to Salal. The proposed settlement provides for the creation of a $415,000 monetary fund and court-authorized notice to potentially affected class members. As required under Federal Rule of Civil Procedure 23, the court initiated review of whether the proposed settlement is fair, reasonable, and adequate.
A final fairness hearing has been scheduled for February 12, 2026, at 11:00 a.m., leaving the settlement subject to final judicial approval. The settlement materials indicate that certain plaintiffs reached individual resolutions with Salal and are excluded from the settlement class. Claims involving other defendants are not resolved by this proposed settlement unless addressed through separate proceedings or agreements.
Court:
United States District Court for the Southern District of New York
Case Name:
Lojewski et al. v. Group Solar USA, LLC et al.
Consumer Fraud
Consumer Protection
Deceptive Advertising
Advertising and Marketing
Marketing Research
Sales Management
Contract Disputes
Photovoltaic
Alternative Energy Systems
Clean Energy
Lojewski, et al. v. Group Solar USA, LLC, et al. is a consumer class action filed on December 22, 2022, in the U.S. District Court for the Southern District of New York. The lawsuit examines allegations that certain residential solar customers were induced to enter into solar agreements based on promised financial incentives, commonly referred to as “Welcome Checks”, that plaintiffs contend were not paid in full or delivered as represented during the sales process. The complaint does not advance a theory of uniform equipment defect, but instead focuses on sales representations, incentive disclosures, and consumer inducement practices.
The action was brought primarily under New York General Business Law §§ 349 and 350, along with related claims for breach of contract, unjust enrichment, restitution, and alleged violations of New York Personal Property Law § 401. Certain plaintiffs also asserted individualized claims under the Magnuson-Moss Warranty Act, reflecting variations in contractual arrangements and asserted injuries. As residential solar adoption has expanded across New York, the case illustrates how consumer litigation may center on the marketing and structuring of financial incentives tied to solar panel sales, progressing through motion practice and discovery before moving toward partial resolution through a proposed settlement with one defendant while other claims remain pending.
On December 22, 2022, plaintiffs filed a proposed consumer class action in the U.S. District Court for the Southern District of New York against Group Solar USA, LLC and other entities involved in the residential solar panel sales and financing program. The complaint alleged that consumers were promised financial incentives described as “Welcome Checks” during the sales process, which plaintiffs asserted were underpaid or not paid as described. These representations were alleged to be material inducements influencing homeowners’ decisions to enter into solar agreements. The claims relied primarily on New York consumer protection statutes governing deceptive acts and misleading advertising, along with contract-based and restitutionary theories.
Following the filing of the complaint, the litigation moved through early procedural stages typical of consumer class actions. The court addressed motions involving arbitration provisions applicable to certain plaintiffs, resulting in some claims being compelled to arbitration while other claims, including those asserted against Salal Credit Union, remained pending in federal court. Additional motion practice led to partial dismissal of certain causes of action while allowing others to proceed.
Throughout this period, the litigation remained focused on alleged sales representations and incentive disclosures rather than on establishing a class-wide theory of defective solar equipment. Discovery disputes continued into 2024, including court-ordered disclosures related to records and practices associated with the alleged “Welcome Check” incentive program.
By 2025, plaintiffs and defendant Salal Credit Union reached a proposed class-wide settlement intended to resolve certain consumer claims related to alleged “Welcome Check” incentives associated with New York residential solar contracts assigned to Salal. The proposed settlement provides for the creation of a $415,000 monetary fund and court-authorized notice to potentially affected class members. As required under Federal Rule of Civil Procedure 23, the court initiated review of whether the proposed settlement is fair, reasonable, and adequate.
A final fairness hearing has been scheduled for February 12, 2026, at 11:00 a.m., leaving the settlement subject to final judicial approval. The settlement materials indicate that certain plaintiffs reached individual resolutions with Salal and are excluded from the settlement class. Claims involving other defendants are not resolved by this proposed settlement unless addressed through separate proceedings or agreements.
Solar Panel Systems and Installation Expert Witness
In residential solar sales deception litigation, solar panel systems and installation experts may be consulted to provide technical context regarding system configuration, installation scope, and how solar equipment is described during the sales process. These experts typically help distinguish between technical system characteristics and non-technical marketing or incentive representations, which is particularly relevant in New York consumer protection cases where claims focus on sales disclosures rather than equipment defects.
Consumer Marketing and Advertising Expert Witness
In cases involving alleged misleading solar panel sales practices, consumer marketing and advertising experts are often consulted to evaluate how sales scripts, promotional materials, and incentive representations may be understood by reasonable consumers. Their analyses typically address disclosure clarity, consumer perception, and whether representations may be considered material under applicable consumer protection standards.
Economic Damages Expert Witness
Economic and damages experts are commonly consulted in consumer fraud litigation to assess potential financial impact on consumers. In the solar context, this may include evaluating the economic value of promised incentives, analyzing restitution or settlement methodologies, and assessing whether alleged damages are capable of class-wide calculation.
Consumer Behavior and Survey Expert Witness
In some deceptive marketing cases, attorneys may consult consumer behavior or survey experts to examine how consumers interpret and rely on specific sales representations. These experts apply established research methods to assess patterns of consumer understanding without addressing technical aspects of solar system performance.
Lojewski, et al. v. Group Solar USA, LLC, et al. illustrates how alleged misleading sales incentives and marketing representations can form the basis of residential solar consumer class action litigation under New York law. The case highlights the legal risks associated with promotional inducements tied to solar financing or contract execution and underscores the importance of accurate and transparent incentive disclosures. While the matter is resolving in part through a proposed settlement rather than trial, it provides practical insight into how consumer deception claims related to solar panel sales are commonly litigated and resolved.
What was the primary issue in Lojewski v. Group Solar USA, LLC?
The central issue involved allegations that residential solar customers were induced to enter into solar agreements based on promised financial incentives known as “Welcome Checks,” which plaintiffs alleged were not paid in full or delivered as represented, giving rise to claims under New York consumer protection laws.
Did the lawsuit involve defective solar panels or system-wide performance failures?
No. The primary class-wide allegations focused on sales and marketing representations related to financial incentives. While some plaintiffs asserted transaction-specific issues, such as installation or performance concerns, those allegations were not advanced as uniform defect claims.
Which laws were central to the solar panel sales deception claims?
The lawsuit relied primarily on New York General Business Law §§ 349 and 350, along with related claims for breach of contract, unjust enrichment, restitution, and alleged violations of New York Personal Property Law § 401. Certain plaintiffs also asserted individualized warranty-related claims.
Is the Lojewski residential solar class action fully resolved?
No. A proposed class settlement has been reached with Salal Credit Union to resolve certain consumer claims related to the alleged “Welcome Check” incentives, but that settlement remains subject to final court approval following a scheduled February 12, 2026 fairness hearing. Claims involving other defendants may continue separately.
Why does this case matter for solar companies operating in New York?
The case underscores how solar companies may face consumer protection exposure based on sales incentives and marketing disclosures, even where no class-wide equipment defects are alleged. It highlights the importance of clearly communicating the terms, timing, and funding of promotional incentives during the sales process.
Solar Panel Systems and Installation Expert Witness
In residential solar sales deception litigation, solar panel systems and installation experts may be consulted to provide technical context regarding system configuration, installation scope, and how solar equipment is described during the sales process. These experts typically help distinguish between technical system characteristics and non-technical marketing or incentive representations, which is particularly relevant in New York consumer protection cases where claims focus on sales disclosures rather than equipment defects.
Consumer Marketing and Advertising Expert Witness
In cases involving alleged misleading solar panel sales practices, consumer marketing and advertising experts are often consulted to evaluate how sales scripts, promotional materials, and incentive representations may be understood by reasonable consumers. Their analyses typically address disclosure clarity, consumer perception, and whether representations may be considered material under applicable consumer protection standards.
Economic Damages Expert Witness
Economic and damages experts are commonly consulted in consumer fraud litigation to assess potential financial impact on consumers. In the solar context, this may include evaluating the economic value of promised incentives, analyzing restitution or settlement methodologies, and assessing whether alleged damages are capable of class-wide calculation.
Consumer Behavior and Survey Expert Witness
In some deceptive marketing cases, attorneys may consult consumer behavior or survey experts to examine how consumers interpret and rely on specific sales representations. These experts apply established research methods to assess patterns of consumer understanding without addressing technical aspects of solar system performance.
Lojewski, et al. v. Group Solar USA, LLC, et al. illustrates how alleged misleading sales incentives and marketing representations can form the basis of residential solar consumer class action litigation under New York law. The case highlights the legal risks associated with promotional inducements tied to solar financing or contract execution and underscores the importance of accurate and transparent incentive disclosures. While the matter is resolving in part through a proposed settlement rather than trial, it provides practical insight into how consumer deception claims related to solar panel sales are commonly litigated and resolved.
What was the primary issue in Lojewski v. Group Solar USA, LLC?
The central issue involved allegations that residential solar customers were induced to enter into solar agreements based on promised financial incentives known as “Welcome Checks,” which plaintiffs alleged were not paid in full or delivered as represented, giving rise to claims under New York consumer protection laws.
Did the lawsuit involve defective solar panels or system-wide performance failures?
No. The primary class-wide allegations focused on sales and marketing representations related to financial incentives. While some plaintiffs asserted transaction-specific issues, such as installation or performance concerns, those allegations were not advanced as uniform defect claims.
Which laws were central to the solar panel sales deception claims?
The lawsuit relied primarily on New York General Business Law §§ 349 and 350, along with related claims for breach of contract, unjust enrichment, restitution, and alleged violations of New York Personal Property Law § 401. Certain plaintiffs also asserted individualized warranty-related claims.
Is the Lojewski residential solar class action fully resolved?
No. A proposed class settlement has been reached with Salal Credit Union to resolve certain consumer claims related to the alleged “Welcome Check” incentives, but that settlement remains subject to final court approval following a scheduled February 12, 2026 fairness hearing. Claims involving other defendants may continue separately.
Why does this case matter for solar companies operating in New York?
The case underscores how solar companies may face consumer protection exposure based on sales incentives and marketing disclosures, even where no class-wide equipment defects are alleged. It highlights the importance of clearly communicating the terms, timing, and funding of promotional incentives during the sales process.
Consumer Fraud
Consumer Protection
Deceptive Advertising
Advertising and Marketing
Marketing Research
Sales Management
Contract Disputes
Photovoltaic
Alternative Energy Systems
Clean Energy
Energy, +4
Energy
Energy, +4
Energy