Government

San Francisco DA Joins Multi-County Vivint Solar $4.3M Settlement

Vivint Solar agreed to pay $1.3 million in penalties and set aside a $3 million restitution fund after San Francisco DA Brooke Jenkins joined four other county prosecutors in a $4.3M settlement.

Marcus Williams3 min read
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San Francisco DA Joins Multi-County Vivint Solar $4.3M Settlement
Source: media.gettyimages.com

San Francisco District Attorney Brooke Jenkins announced that her office joined the District Attorneys of Riverside, San Diego, Alameda and Fresno counties in a stipulated judgment requiring Vivint Solar, Inc. and related Vivint entities to pay $1,300,000 in civil penalties and investigative costs and to set aside a $3,000,000 restitution fund for eligible California consumers. The agreement, filed in Riverside County Superior Court under case number CVRI2506720, resolves allegations tied to residential power purchase agreements sold between August 3, 2016 and October 8, 2020; Vivint Solar did not admit liability.

The consumer-protection action focuses on power purchase agreements, or PPAs, that prosecutors say were sold with misleading or deceptive representations. KALW noted the complaint alleged Vivint misrepresented its relationship with local utilities when offering PPAs, and explained that a PPA is a contract in which a solar company installs and maintains a household system while the customer purchases the system’s electric output for a set price. Vivint Solar became a wholly owned subsidiary of Sunrun, Inc. on October 8, 2020; Sunrun is not a party to the enforcement action, and DA offices said Sunrun and its counsel cooperated with prosecutors.

The settlement’s dollar breakdown reconciles to a $4.3 million aggregate: Fresno County prosecutors reported $1,050,000 in civil penalties plus $250,000 in investigative costs shared among the participating agencies, together equaling $1,300,000, and a separate $3,000,000 restitution fund. KMPH reported the $3 million restitution fund will remain available for four years to resolve valid consumer claims. The San Francisco release contained a typographical error that read "$1,300,000 million"; cooperating county statements and the Fresno breakdown clarify the intended $1,300,000 figure.

AI-generated illustration
AI-generated illustration

San Diego District Attorney Summer Stephan, whose office joined the prosecution team, framed the settlement as enforcement against aggressive sales tactics: "When companies use misleading and aggressive tactics to ensnare customers, as in the case of this solar company, they are engaging in unfair competition and other consumer protection violations and will be held responsible under the law." Fresno County District Attorney Lisa Smittcamp emphasized consumer protection and market integrity: "Consumers deserve honest and transparent information when making major financial decisions about their homes. Solar energy can offer real benefits, but companies that rely on misleading or aggressive sales tactics harm families and undermine honest businesses that follow the law. This settlement sends a clear message that deceptive practices will not be tolerated."

Locally, San Francisco Chief Deputy District Attorney Manuel Jimenez handled the case for Jenkins’ office, and San Diego Deputy District Attorney Colleen Huschke prosecuted the matter for San Diego County. The stipulated judgment states it prohibits Vivint Solar from certain misrepresentations and enjoins other unlawful business practices; the public summaries announcing the settlement did not include the full list of enumerated prohibitions or the judgment’s detailed injunctive language.

Data visualization chart
Data Visualisation

Under the terms announced, Vivint Solar is responsible for notifying potentially eligible consumers about the stipulated judgment, time limits for claims, and methods to submit restitution requests; prosecutors said that information will be posted on Vivint Solar’s and Sunrun’s consumer-facing websites. The Riverside County Superior Court filing in case CVRI2506720 completes this multi-county enforcement action but leaves open the detailed mechanics of claims administration and any further compliance reporting specified in the full stipulated judgment.

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