Phoenix -- Attorney General Mark Brnovich announced today the settlement of a consumer fraud case that was filed against Going Green Solar LLC (Going Green) and its parent company Gee Investments LLC (Gee). The Phoenix- based company, formed in 2009, markets, sells, installs, and finances photovoltaic (PV or solar) systems and products for consumers hoping to lower their utility expenses. According to the lawsuit filed on February 12, 2015, Going Green made thousands of telemarketing calls, conducted high pressure sales presentations in the homes of potential clients, and sold products that did not result in a reduction of energy bills.
The court approved a Consent Judgment with Going Green and Gee to resolve the state’s lawsuit on February 24, 2015. The Judgment acknowledges that Going Green violated the Arizona Consumer Fraud Act (ACFA). Going Green made telephone calls to consumers on the Federal Trade Commission’s National Do Not Call Registry; made deceptive statements during the telemarketing calls; made misleading claims as to projected cost savings; proffered false and deceptive documents in its sales presentation and targeted senior citizens.
The Attorney General’s Office received approximately 30 complaints against Going Green from consumers who did not receive the benefits promised by the company’s representatives. Many experienced an increase in their total monthly electricity outlay due to equipment costs.
Going Green has agreed to pay more than $56,000 to consumers who have not already received restitution, and is required to pay up to an additional $65,000 in restitution for eligible consumers who file a complaint within the next six months. The company must also pay over $17,000 in attorneys’ fees and investigative costs. Finally, Going Green may pay up to $120,000 in civil penalties, but $70,000 is suspended contingent upon the company’s full compliance with the injunction provisions.
As part of the settlement, Going Green is also revising its telemarketing scripts and sales presentations to bring them in compliance with the ACFA.
“The Attorney General’s Office will continue to pursue companies that do not deliver what they promise,” said Brnovich. “If you believe you are a victim of deceptive solar sales practices, we want you to know that our attorneys are here to fight for you.”
If you believe you have been a victim of consumer fraud, please contact the Attorney General's Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431. Consumer complaints can also be filed online at www.azag.gov.
This case was handled by Assistant Attorney General Jordan Christensen. For more information contact the Attorney General's Office at (602) 542-5025.