CAMPA FOR ACCOUNTABILITY March 29, 2017 The Honorable Ellen F. Rosenblum Attorney General State of Oregon 1162 Court Street NE Salem, OR 97301-4096 By Email: Re: Violations of Oregon?s Unfair Trade Practices Act Dear Madame Attorney General: Campaign for Accountability requests that you open an investigation into companies that provide solar panels to individual homes in Oregon. A review of the extensive consumer complaints ?led with the Of?ce of the Attorney General reveals many of these companies have engaged in false and misleading acts in the marketing and sale or lease of solar panels, in apparent violation of Oregon law. Background In response to a public information request submitted by asking for complaints pertaining to the sale or leasing of solar panels and their installation on the roofs of customers? homes from 2012 through the present, OAG released 58 complaint ?les]. Oregon residents identi?ed numerous companies that had provided poor or inadequate service, falsely represented the savings the customers would realize from solar power, lured them in with low price quotes that later proved to be false, required them to Sign confusing contracts, andfor performed shoddy installation of the solar panels. The largest number of complaints was lodged against SolarCity. It appears from many of the complaints that these companies promised signi?cant savings in customers? utility bills with the installation of rooftop solar panels, but those savings never materialized. Some complainants reported possible hardships faced when trying to sell their homes. Finally, one complainant reported that the company SolarTek appears to prey on senior citizens. Several customers of SolarCity reported that the company promised signi?cant savings in customers? utility bills with the installation of rooftop solar panels, but those savings never materialized. For example, one SolarCity customer (FF7882-15) stated that the company repeatedly told him the maximum amount he would ever be charged per month was $76.63.:1 In Some of the complaints released pre-date the contours of our request. 2 Complaint against SolarCity, December 15, 2015, attached as Exhibit A. 660 Ave., S.E. - Suite 303 - Washington, D.C. 20003 - (202) 780-5750 The Honorable Ellen F. Rosenblum March 29, 2017 Page 2 fact, he was, charged an additional $75/month to prepay the cost of an Oregon tax credit. The customer complained, ?This system costs me more than I would have paid PGE. I would have never agreed to any of this if they had been up front about what the bill would really be. I don?t believe they were dealing in good faith when selling the system.?3 Another SolarCity customer (FF4608-14) reported that his bill was nearly double what the company had promised.4 He reported that he maintained his current energy usage, but SolarCity wanted to charge him for what it claimed was his additional energy use. SolarCity set up the customer?s solar system utilizing the state?s Feed-in Tariffs (FIT) program. The customer later wrote, believe Solar City should be investigated to see if similar problems exist with other consumers using the FIT option for power with PGE. It is my contention that Solar City is bene?ting ?nancially and using the ignorance of consumers to its advantage.?5 Yet another SolarCity customer (FF5824-15) reported the company had failed to ?ll out the proper paperwork to allow the customer to receive $1,500 in tax rebates.6 The customer contacted the company numerous time over several months, but the company refused to cover the cost of the tax incentives. Only after OAG intervened did the company agree to reimburse the 1055.7r A woman purchasing a house with solar panels installed by SolarCity repeatedly tried to contact the company to ask questions before sale was completed, but the company refused to provide any information.8 Once the sale was completed, she alleged the company forced her to lease the panels herself. Later, when she sought to sell the property, SolarCity informed her she would have to pay out the remaining amount on the lease, $9,000, if the new owner did not assume it. The complainant ultimately transferred the lease to the new owner of the house.9 Another SolarCity customer (FF7290-15) reported the company failed to submit an accurate invoice to her for 18 months.10 Despite numerous efforts to clear the matter up, SolarCity repeatedly refused to honor the terms of the agreement. This matter, too, ?nally was resolved with the assistance of the GAO.11 One complainant (FF1588-12) speci?cally alerted OAG about the disturbing business practices of National Solar. '2 The company promised the homeowners they would receive tax 3 1d 4 Complaint against SolarCity, July 19, 2014, attached as Exhibit B. 5 Follow-up Email from SolarCity Customer, August 12, 2014, attached as Exhibit C. 6 Complaint against SolarCity, September 14, 2014, attached as Exhibit D. 7 Letter from SolarCity to Customer, October 16, 2014, attached as Exhibit E. 8 Complaint against SolarCity, February 23, 2015, attached as Exhibit F. 9 Letter from SolarCity to Customer, March 26, 2015,,attached as Exhibit G. ?0 Complaint against SolarCity, November 19, 2015, attached as Exhibit H. Letter from SolarCity to Customer, January 27, 2016, attached as Exhibit 1. '3 Complaint against National Solar, February 13, 2012, attached as Exhibit J. The Honorable Ellen F. Rosenblum March 29, 2017 Page 3 rebates totaling $14,593. Based on that representation, the customers agreed to ?nance the remaining $13,368. Nearly a year later, when paying their taxes, the consumers discovered they were not, in fact, eligible for the tax rebate. Despite admitting during settlement negotiations with the complainants that such rebates did not exist, National Solar continued to advertise the costs savings available through the tax rebates. '3 The company eventually agreed to cover the cost of the tax credits for the complainant after the OAG became involved, allegedly to avoid ?any bad Another National Solar customer, stated the company?s salesperson had misrepresented the terms of the agreement.15 He and his wife had not expected to be locked into the contract until they had obtained ?nancing a company referred by National Solar), but when they tried to rescind after receiving the loan documents and being surprised by the terms, the company refused to cancel the contract. Unable to afford the $7,000 cancellation fee, they reluctantly signed the loan agreement.16 The customers complained, ?It is our belief that National Solar still refuses to accept that their salesmen mis- represented (sic) the program and is simply putting their spin on the situation.?17 Finally, one complainant (FF2860-10) alerted OAG to Solar Tech Energy International?s efforts to fraudulently target senior citizens.18 The company invited the complainant to a free dinner attended largely by people in their 805 and promised savings of 20 to 30 percent on the customers? utility bills. The consumer signed up for the service, but rescinded two days later after learning about the company?s negative reputation, reporting: Our concern is that a select group of people, senior citizens, who may be on a limited income, is being targeted with what appears to be a scam. It seems the product does not provide savings but instead causes mold problems. In addition, because of their age, senior citizens may not bene?t from any cost savings from the product. '9 Potential Violations of Law Oregon?s Unlawful Trade Practices Act ORS 646.607, provides that a person engages in an unlawful trade practice by employing an ?unconscionable tactic in connection with selling, renting or disposing of real estate, good or services, or collecting or enforcing and obligation;? or by failing ?to deliver all or any portion of real estate, goods or services as promised.? Speci?cally, pursuant to ORS 646.608, prohibited actions include, inter alia: ?3 Follow-up Letter ?'om Complainant, March 30 2012, attached as Exhibit K. 14 1d. ?5 Complaint against National Solar, April 13, 2010, attached as Exhibit L. '5 Follow-up Email from Customer, May 17, 2010, attached as Exhibit M. 17 1d ?8 Complaint against Solar Tech Energy Intemationa1, March 22 2010, attached as Exhibit N. 19 Id The Honorable Ellen F. Rosenblum March 29, 2017 Page 4 representing that real estate, goods, or services have characteristics or bene?ts they do not have; making false or misleading representations concerning credit availability or nature of the transaction or obligation incurred; and making false or misleading representations of fact concerning the offering price of, or person?s cost for real estate, goods, or services. The practices of numerous solar companies outlined in the complaints ?led with your of?ce appear to violate these statutory provisions. By falsely representing the savings and rebates customers would receive from solar energy roof panels and the overall impact of solar energy as a more cost-effective energy alternative, companies like SolarCity appear to have violated the UTPA. Further, the complaints re?ect the harsh reality that solar companies operating in Oregon often take advantage of vulnerable populations: the elderly and those living on ?xed incomes. As a result, the impacts of these apparently fraudulent practices are all the more devastating, leaving customers with even higher utility costs and loans that often exceed what they can afford to pay, and plunging them into a cycle of debt. These problems are exacerbated by the one-sided contracts of adhesion those who purchase or lease solar roof panels are required to sign. When considering whether a contract is unconscionable, Oregon courts consider both procedural and substantive factors. BagIey v. Mt. Bachelor, Inc, 356 Ore. 543, 340 P.3d 27, 35 (2104); Vasquez?Lopez v. Bene?cial Oregon, Inc, 210 Ore. App. 553, 152 P.3d 940, 948 (2007). Procedurally, Oregon courts look for oppression and surprise: was there inequality in the bargaining power of the parties to the contract, resulting in no real opportunity to negotiate the terms and an absence of meaningful choice; and to what extent were the supposedly agreed upon terms hidden from the party seeking to void the contract. Id. ?Gross inequality of bargaining power, a take-it?or-?leave it bargaining stance, and the fact that a contract involves a consumer transaction can be evidence of oppression.? Bagley at 35. Substantive unconscionability focuses on ?whether the substantive terms contravene the public interest or public policy.? Id. The solar company contracts that complainants submitted to the OAG have the earmarks of contracts of adhesion: the bargaining power of the parties is unequal, there is no opportunity to negotiate the terms, and the contracts involve consumer transactions. Based on the apparent fraud solar companies use to induce customers to sign these unequal contracts, an investigation is warranted not only into whether speci?c contracts should be voided, but whether the terms of these contracts are against the public interest overall. The Honorable Ellen F. Rosenblum March 29, 2017 Page 5 Conclusion Solar companies operating in Oregon are employing a variety of strategies and practices that may enhance their bottom line, but are leaving customers frustrated, unhappy, and facing even bigger utility bills. Laws like the Oregon Unlawful Trade Practices Act protect against the kinds of fraudulent practices that seem so prevalent in the solar energy industry, but their utility depends on more aggressive enforcement. In many cases the OAG has intervened, assisting consumers to negotiate some sort of settlement. There likely, however, are many other instances where consumers have been victimized, but may not have been aware they could seek assistance from the OAG. In any event, this appears to be a systemic problem, requiring a broader inquiry and solution. Other watchdog organizations share our concerns. Last August, Public Citizen, submitted comments to the Federal Trade Commission criticizing the arbitration clauses included in rooftop solar contracts and noting that solar leasing arrangements pose ?signi?cant ?nancial risks for families.?0 Around the same time, the National Consumer Law Center submitted comments to the Consumer Financial Protection Bureau, urging the agency to take action to protect low-income consumers citing, among other things, a dramatic increase in leases for solar panels ?and extensive complaints of false claims as to the savings with such panels and the terms of the leases.?2i therefore requests that your of?ce launch a statewide investigation into the consumer practices of solar energy companies, drawing on the many examples found in the complaints lodged with your of?ce. If these companies are violating Oregon law, they must be held accountable. Sincerely, Daniel E. Stevens Executive Director 2? Letter from Tyson Slocum, Energy Program Director, Public Citizen, to Edith Ramirez, Chairwoman, Federal Trade Commission, August 22, 2016, available at omments?solar-con umer? arotections?auoList-20 6. dl?. 2' National Consumer Law Center, Comments to the Consumer Financial Protection Bureau regarding Arbitration Agreements, at 29, August 22, 2016, available a! uwncic orgi?images?pdf- arbitration-tommenta? arbitrurion-a"reement ?20 6. icif. EXHIBIT A ELLEN F. ROSENBLUM Attorney Genera} FREDERICK M. BOSS Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 1 162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 934-4400 Fax: (503) 378?8910 TTY: (800) 735-2900 January 5, 2016 SOLAR CITY CORPORATION 3055 CLEARVIEW WAY SAN MATEO, CA 94402 Re: PAUL DAILEY We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest of ef?ciency, we prefer that you respond directly to the complainant and email a copy of your response to our of?ce. Please include the ?le number shown above on the subject line of your email. Alternatively, you may respond to us by regular mail. The response you send regarding this complaint will be part of the public record maintained by the Department of Justice. Preferred Email Address: alicia.suarez@doj.state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your response you hear nothing further from us, you may consider this matter closed. Alicia Suarez Enforcement Of?cer Enclosure: Consumer Complaint Mailing Address: 1162 Court St. NE, Salem, OR 97301?4096 Physical Address: 2250 McGilchrist St SE, Salem, OR 973 02 Consumer Line: (503) 378-4320 (Salem oniy), 229-5576 (Portland only) or Toll Free 1?877?877?9392 Hotline Hours: 8:30 am. to 4:30 pm, FAX (503) 378-8910, TTY: (800) 735?2900 Website: D90221511:5?2p Paul G. Dailey 1322/2615 13:25 5633648333 Ellen F. Attorney General 5033851335 p2 CHURCHILL PAGE 83 Poriiand Area (503)229ng Salem Area (563)378-4320 Toll Free Area (377)877-9392 Fax (503) 373?8910 OREGON DEPARTMENT OF JUSTICE CONSUMER COMPLAINT FORM Under Oregon Law, the Attorney General cannot act as your private attorney or give you legal advice. Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this conunlaint does not change those deadlines or guarantee the results you want You may wish to contact a private attorney. If you paid by credit card, the card issuer may offer relief (or protection}. 1. Please use dark ink. Type or print clearly. 2. Return [his form with copies of important papers. 3. Keep your original papers. 4. Attach any additional explanah'on. Egul Bailey First Name Middle Initial Last Name 4?81 Serra Ct NE Mailing Address ?g ein OR 97305?2644 City State Zip mil-2309 541-999?9909 i Day Phone Evening Phone Cellphone number Email address erity Name of Busineea or person about whidi you are complaining 305g gleamigw Way Mailing/Street Address madame CA 94402 City State Zip 833-765-2439 Phone How much money, if any, do you believe you lost? ?3,509.00 I am not requesting action on this complaint. [3 Attorney I am under an yam of age English is not my ?rst language Ed Businesjolarcm 1:1 other .9315?! Igl I am a veteran I would like info on Dec 2215?1iz52p Paul G. Dailey 5033851335 p.3 1322/2615 13:25 5833648033 cnuncreu. Leonora) PAGE on I) ETAILS 0 PLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here: If your complaint is about a website, please list the website here: I entered into a contract for installation ofsolar panels at my residence. The cost for the panels was to be $63.75. I received their bill and it is more than my PGE bill would have been, I would have never have taken this solar energy if they had been up front with the added payments. Through all the verbal talks they said i would only pay $63.16 which was increased to $115.63 because of added panels. I agreed they would get all incentives. They said I would get $500.00 at the $1500.00 Oregon Tax Credit and they would get $900.00. They did not tell me this credit was given for four years. I was under the impression it was a one time deal and I would send them $900.00 when I received the tax credit. If did not send them the money they would add $75.00 a month to pay it beclt, as you can see on the bill they are charging me $75-00 a month to prepay the credit. When I questioned this they said it would be tour years of $75.00 a montn payment. I repeatedly asked during the talks if this $6315 was all i had to pay every month. The answer was always yes. They never once verbally stated there would be other payments included. Once I agreed to getting the system they immediately sent me a copy of the contract to sign and return ASAP. {Mine was taxed) They told me I wouldn't see anything done until August 2015. After! signed the lease. aoout a month later (in June 2015) I told them I wasn't sure about the System and I wanted to do some checking. They were there within a week putting the system on the tool. Once on the roofl was stuck. It was another month before they got It hooked up. I have called SolarCity three times. each time they have had me talk to someone different. They say they will look into it and get back to me but they never do. This system costs me more then I would have paid PGE i would never agreed toany of this if they had been up front about what the bill would really be. I don?t believe they were dealing in good faith when selling the system. They knew about the added cost but his the facts up front because they know people would not agree to such an outrageous payment {or four years. i have found that this has been their practice to deceive people into buying (leasing) the system and then surprising them with different numbers. i an: a disabled veteran. I am on limited income. ?liven presentaton of this system appeared to save money. "they would have been up front with what you would see on the bill. - would never had agreed to the system. They give you a summary of your bill of one low payment a month. They hide the other payments making you believe that it must not apply to you because it was not out in the summary and it was never mentioned during the salesignature below, understand a) this complaint will become part of DOJ's permanent records and is '3 suhiect ho Oregon's Public Records Law; b) this complaint may he released to the business or person about whom I am complaining; c) this complaint may be referred to another governmental agency. By my signature below I au?toriz%arty to release In the 003 any information and documentation relative to this complaint. MKQW Were ?7 You can scan the completed form and documents and email to: henggregonoonsumergov or; fax to: 503.378.5017 or; mail to: Oregon Department of Justice Financial FraudlConsurner Protection Section 1162 Court St. NE Salem. OR 97301. Dec 221511z54p Paul G. Dailey 5033851335 p.4 12f2'2f2I15 13: 25 5633648833 CHURCHILL LEONARD PAGE as INVOIC JOB NUMBER swam-12201 5 ??gSOlarCEty souacm BILLING DEPARTMENT no. Box 433? $318.26 PORTLAND. GR 97208 DUE DATE 9l132015 BILL T0 TO Soiarlnie rated Fund 3% Danny, Pau1_G_ PO. BOX ?387 473? Semi St PORTLAND GR 972004307 53'9? 0R 9730526? I I um 1 'li' INVOICE NUMBER AMOUNT TAX TOTAL 97331000002 Payment Period (091130203 5 - 0913012015) $?6.63 $0.00 $76.63 RETC . $75.06- SODO 1 $5.00 973870~00~002 Payment $7.50 $0.00 . $7.50 Tota? Other Due. $159.13 4731 Serra Ct NE Salem. OR 97305 TOTAL $31325 OTHER 005 PAYMENTS PAYMENTS RECEIVED INVOICE DUE DATE Amoum DATE CHECK NO. AMOUNT 97337000001 30.0015 $16.63 973370-0000: 300015 $7.50 Additional Amounts Due $75.00 Total Other Due $159.13 Bailey, Paul 4731 Serra Cl NE Retum This Portion With Yaur Payment If you have any questlons regardng the statement. piease call the Bilitng Salem OR 97305-2644 Department at (377) 652-8638. INV03CE NUMBER - DUE DATE TAX CHARGE DESCRIPTION $132015 $75.53 $0.00 Paymen! Period (OBJOHZME - 09/301'2015} $78.63 EH {2915 $75.09 $0.00 RETC $15.63 973370094102 5311:2015 $150 $0.00 Payment $7.50 Tota: Other Dua? $159.13 Rem?ri Payment To AMOUNT $318.26 Solar Imagrated Fund Iil PO BOX 4387 ms 973mm PORTLAND OR 97203-4387 DATE $11,901:; llihf CHECK HERE 3F YOU HAVE WRITTEN YOUR NEW AUDRESS ON THE REVERSE Dec 221?51li54p Paul G. Dailey 5033851335 p.5 12:12:" 2615 13: 25 5333648633 CHURCHILL LEONARD PAGE as FNVUIUE JOB NUMBER answer) ?le. SELLING DEPARTMENT 9,11,2015 PHO Box 433? TOTAL $477.39 PORTLAND. OR 372518 DUE DATE 1011;201 5 BELL T0 REMIT T0 Solar lnte rated Fund lil 33"99- Pa? 3 PO BOX 49337 ?473? Sem'el'NE gnomes? samomms'ze[reverse fumes: nescmmou moumr 1.2.x Tom. Payment Period {1 WM {201 5 - 1013112015) $75.53 $0.00 $?6.63 -. RETC $75.90 $9.00 $?5.00 9?3870?00-003 Payment $159 $0.00 $7.59 Total Other Due $318.26 4131 Serra Ct NE Salem. OR 97305 TOTAL $47139 OTHER DUE PAYMENTS PAYMENTS RECEWED ELIE DATE AMOUNT DATE CHECK NO. AMOUNT 97337039902 9I1l2015 96.63 3:1!2015 $76.?3 Additional Amaunts Due $165.00 Tate! Other Due $318.28 Bailey. pa?; (5 Return This Pox?{ion With Your Payment UM Serra .lf you have any questions mgarding the statement. please can the Billing Salem OR 97395?2644 Department at (877) 852-6638. . Inverse NUMBER DUE DATE PAWBJT TAX camels DESCRIPTION TOTAL 973870-90-003 10f1f20'3 5 $9 .90 Payment Period (16}0112915 101311201 5} $76.53 1011 f20?5 $75.99 90 REIT: $73.00 summon; 101112015 $7.50 $0.00 Payment $150 Total Other Due- $318.26 Remit Payment To AMOUNT $477.39 Solar Integrated Fund PO BOX 438? 4'33 ?337?? PORTLAND GR 9?2034387 DATE 9:1 1,2915 It'll!" lid CHECK HERE van HAVE wmrreu mun new BILLING ADDRESS on THE REVERSE . .6 De022 3511:54p Paul G. Dalley 5033851335 PAGE 07 122' 22:22:15 13: 25 5033640033 CH-JRCHILL LEDNAED NVGECE JOB ?unseen 973370-00 - SQLARCITV BILLING DEPARTMENT DATE 1W13J2015 PLO. Bout 4:437 TOTAL $638.52 FORMNU. OR 9?203 DUE DATE 1 11152035 13m. TO REMIT TO 1 2:505:55: {a - Salem GR 973952544 if.mvorcE . 3550319090. 50929:, .. -5 . . . gramme-004 Payment Period (1 00112015 51113012015) $76.63 $0.00 $76.33 RETC $75.00 $0.00 $75.00 913370004304 Payment $150 $0.00 $7.50 Totai Other Due $47139 4:31 Serra Ct NE Saiem, OR 97305 TOTAL $333.52 OTHER 005 PAYMENTS PAYMENTS RECEWED DUE DATE AMOUNT DATE CHECK NO. amour-1? gnaw-00.003 101112015 $70.63 0102015 $75.63 Additional Amounts Due $324.13 Total Other Due $477.39 Bailey. Paui Return This Portion With Your Payment 4731 Serra {$er #300 have any questions regarding?lhe statement; please the airing Salem OR 97305-2544 Dapamnent 31(877) 652-8638. INVOICE NUMBER D115 DATE . PAYMEQT TAX CHARGE TOTAL 97307000004 11112015 $76.63 $0.00 Payment Period (11m112015? 1100120153? $76.63 memoir-mood 11102015 $75.00 $0.00 RETC $75.00 07337000004 1151:2015 W50 $0.00 Payment $7.50 Total Other Due $477.39 AMOUNT $63152 em? Famed.? Solar Integrated Fund If! PO BOX 4307 JOB mum Poem OR 97200433? DATE 105132015 - :1 CHECK HERE SF You HAVE WRHTEN YOUR NEW mums ADDRESS on THE REVERSE sans. EXHIBIT ELLEN F. ROSENBLUM - Attorney General FREDERICK M. BOSS Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 934-4400 Fax: (503) 378-8910 TTY: (800) 735-2900 August 4, 2014 SOLAR CITY CORPORATION 6132 NE112TH AVE PORTLAND, OR 97220 Re: - EDWARD PROWSE We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest Bf ef?ciency, we prefer that you respond directly to the complainant and email a copy of your response?to our of?ce. Please include the ?le number shown above on the subject line of your email. AlternatiVely, you may respond to us by regular mail. The response you send regarding this complaint will be part-30f the public record maintained by the Department of Justice. Preferred Email Address: alicia.suarez@doj.state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your response you hear nothing further from us, you may consider this matter closed. .. Alicia Suarez . Enforcement Of?cer Enclosure: Consumer Complaint? E1 Mailing Address: 1162 Court St. NE, Salem, OR 97301-4096 . Address 340 Vista Ave SE, Salem, OR 97302? 4546 Consumer Line: (503) 378- 4320 (Salem only), 229 5576 (Portland only) or Toll Free 1 877? 877? 9392 Hotline HoursFAX (503) 378? 8910, TTY: (800) 735 -2900 Website: doj. state. or.us Ellen" F. Rose'iiblum Attorney General OF JUSTICE CONSUMER COMPLAINT FORM I ee Area (377) 377-939 39 Www. oregonsco er. 9 CIVIL ENFORCEMENT DIVISION Under Oregon Law, the Attorhey Generai- cannot act as your private attorney or give you legal advice.- Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this complaint does not change those deadlines or guarantee the results you want. You may wish to contact a private attorney If you paid by credit card the card issuer may offer reiief (or protection). use dark ink. Type or print clearly. 2.. Return this-form With copies of important papers. 3. Keep your original papers. 4. Attach any additional explanation. maid Fi Prowse First Name Middle Initial Last Name 4724 Bayne St NE Mailing Address Salem OR 97305 City State Zip 971~225~5457 some nfx2b@vahoo.com Cell phone number Email address Day Phone Evening Phone Solar. City Corporation Name of Busmess or person about which you are complaining {6132' NE 112th Avenue gMailIngIStreet Address Portland OR . .. .. .. ?97220 'Clty'. . State Zip.-. Phone Date of Transaction(s): How much money, if any, do you believe you lost? I am. not requesting action on this complaint. I am over 65 years of age- Attomey I am under 30 years of age El English is not my ?rst-language I am a veteran I would like Info on If you would like to receive print your email address: DETAILS OF COMPLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here: If your complaint is about a website, please list the website here: Solar City designed solar system, had contracts signed, and system installed wlo any real numbers showing costs. I was told my electricity would be approx $45 a month. Well, ljust received Solar City bill for $79, and PGE has yet to send a bill. The following is- a- copy of emails sent to Oregon agencies involved with solar. 711912014 Energy Trust of Oregon needs to be apprised that some things aren't right about getting solar installed on residential property. Solar City installed 35 panels on my roof. Now thatthe dust has settled, I can see I get nothing for the use of my roof except the bills.- [Said nothing however, Energy Trust likely ?th?i?dt-id an incentive to Sela'r City. they get the tax benefits, PGE pays th'e'm' 28+ cents for what I use WIPGE, and Solar City sends me a bill for a system too big for my home. Mygaverage energy consumption-,at worst casescenario, is about 500_to $50 per month. ljust got. a bill for over 1000 kwh. get. a bill from PGE, too. don't think this system is going. to save me any money. Solar City throws all these numbers at you, and you don't know what the ?nal bottom line is until the bills start arriving. ready tohave an electrician?come and removethe system and have Solar Cit?y pick up the pieces.- i think. i have been deceived by everyone involved except the installers. The Auditor over estimated my usage, and the eVidenoe' shows. So for, since being? installed, the system has put out over 1900' kwh. tells me I have banked 525 kwh. The irony is that Solar City wants me to provide names of people they can also screw with Solar. That would be great for my reputation. They are alSo selling systems in DIY stores. i really think they need to be stopped in their tracks. Any suggestions, recommendations? Edward R.- Rrowse 4724 Bayne St. NE seem OR 97305 971-225-5457 below I understand subject to Oregon's Public Records Law; b) this complaint may be released to the business or person about whom I am complaining; c) this complaint may be referred to another governmental agency. By my signature below yams any party release to the DOJ any information and documentation relative to this complaint. Ma?? M14 El Over 65? You can scan the completed form and documents and email to: hein?oreoonconsomenoov or; fax to: 503.378.5017 or; mail to: Oregon Department of Justice Financial Fraud/Consumer Protection Section 1162 Court St. NE Rolam ?ll? 07am Edward Prowse .4724 Bayne St NE Salem, OR 97305-3588 :Fi??i?i?ifil??kil23% KER 953?} - BML Emmi} E9 13- ?gw?jfm mez??/x/Zg/e Lax Q?rszQ-? 'W/K?mm 437354 an 6f 9730/ 3?35]? EXHIBIT From: Sent: To: Subject: Edward Tuesday, August 12, 2014 2:24 PM Suarez Alicia Solar City Complaint FF4608-14 Greetings: Although there have been discussions with Solar City, nothing has been resolved with them directly, and they offered NO solutions. Based on conversations and emails from Solar City, I am convinced that Solar City is not totally aware of what is in their contract with me. They also don't seem to be aware of the multiple billing process between them and PGE. It is my contention that Solar City was paid twice for the same power generated by me and PGE. The PGE solar rep (I don't wish to put words into his mouth or PGE's) seemed to agree with my premise that Solar City was paid twice. The PGE solar rep said their agreement for power is with me and not Solar City, and that I had options. A review of my contract shows an option that Solar City has taken advantage of, but does not seem to be aware of. PGE and I have invoked that option, which will end the double payment to Solar City. I have not been happy about the arrangement prior to invoking the option PGE suggested. I believe Solar City should be investigated to see if similar problems exist with other consumers using the FIT option for power with PGE. It is my contention that Solar City is benefiting financially and using the ignorance of consumers to its advantage. I can make myself available to show how this is being done. PGE does provide the pertinent information, and consumers may find it confusing and not understand what is happening. Solar City couldn't resolve my problem, even though I sent them the information PGE provided to me. The numbers PGE provided didn't make any sense, but I could see where Solar City was being PAID by PGE for power I used, which I also paid Solar City for. Edward R Prowse 4724 Bayne St NE Salem OR 97305 971-225-5457 1 EXHIBIT ELLEN F. ROSENBLUM Attorney General FREDERICK M. BOSS Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 3 162 Court Street NE Salem, OR 97301?4096 Telephone: (503) 934?4400 Fax: (503) 378-8910 TTY: (800) 735-2900 September 29, 2015 SOLAR CITY CORPORATION 6132 NE AVE PORTLAND, OR 97220 Re: FPS 824? 5 AMY MOORE We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest of ef?ciency, we prefer that you respond directly to the complainant and email a copy of your response to our of?ce. Please include the ?le number shown above on the subject line of your email. Alternatively, you may respond to us by regular mail. The response you send regarding this complaint will be part of the public record maintained by the Department of Justice. Preferred Email Address: alicia.suarez@doj .state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your response you hear nothing further from us, you may consider this matter closed. Alicia Suarez Enforcement Of?cer Enclosure: Consumer Complaint Mailing Address: 1162 Court St. NE, Salem, OR 97301?4096 Physical Address: 340 Vista Ave SE, Salem, OR 97302-4546 Consumer Line: (503) 378-4320 (Salem oniy), 229?5576 (Portland only) or Toll Free l-877-877~9392 I-Iotline Hours: 8:30 am. to 4:30 pm, FAX (503) 378-8910, TTY: (800) 735-2900 Website: Ellen F. Rosenblum Attorney General *Submitted online Portland Area (503) 229?5576 Salem Area (503) 378?4320 Toll Free Area (877) 877-9392 Fax (503) 378~8910 OREGON DEPARTMENT OF JUSTICE CONSUMER COMPLAINT FORM Please Note the Following: Under Oregon Law, the Attorney General cannot act as your private attorney or give you legal advice. Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this complaint does not change those deadlines or guarantee the results you want. You may wish to contact a private attorney. If you paid by credit card, the card issuer may offer relief (or protection). 1. Please use dark ink. Type or print clearly. 2. Return this form with copies of important papers. Amy Moore 3. Keep your original papers. 4. Attach any additional explanation. First Name Middle Initial 17149 SW Woodhaven Dr Last Name Mailing Address OR State 5412791005 Evening Phone Sherwood City 5412791005 Day Phone 97140 Zip 5412791005 Cell phone number amynicoli@hotmail.com Email address Solar City Name of Business or person about which you are complaining 6132 NE 112th Ave Mailing/Street Address Portland City OR State 97220 Zip Phone Date of Transaction(s): 9/ 1/ 2014 Whom have you contacted regarding your complaint? Attorney Business Solar City Other How much money, if any, do you believe you lost? 7500.00 I am not requesting action on this complaint. I am over 65 years of age. I am under 30 years of age. English is not my first language. I am a veteran. 22222 I wouid like info on Veteran's Benefits. If you would like to receive SCAM ALERTS, print your email address: CIosmgCodew - .- .uwm- Became - -- Rm .- .- Uncheck Notes - M#1s72911 ?amass? mus/2m DETAILS OF COMPLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here: If your complaint is about a website, please list the website here: My husband and I met with a SolarCity rep back in the winter of 2014. They put our name in to see if we would qualify for the lottery for free solar panels. We didn't, which meant that we would need to pat $75 a month for ?ve years but that we would get to write off $1500 on our taxes. We ?gured out this July 2015 while doing our taxes that the paper work for us to get the write off was never ?lled. The ?lling had to be done before we started receiving the bene?ts of the solar power.So now we don't get the write off and they are still charging us the $75 a month for the panels. My husband was originally the one calling and then I decided that I would take it on. He spoke with Alisha back in late July and nothing happened. I called and spoke with someone else and they said they would get back to and never did. I tried calling again and asked for a manager and they wouldn't give me a direct line so I was spending 30 to 40 minutes on hold every time I called. They then sent me and addendum to sign but it didn't come with any explanation or a copy of my original contract. I was able to get a copy of my contract through the billing department and ?gured out that the addendum they wanted me to sign was wrong. Last week I was ?nally able to speak with a manager Ellana Alba who would listen to me Tuesday Sept 8, 2015. I gave her roughly 48 hours and then called back. She said she was still waiting to hear back from the department that should be handling my problem. I called again on Friday he 11th, she doesn't work that day but does work on Sundays. Still no call back, called again today 9-14?2015 and she ?nally returned my call and said that they could only stop collecting the $75 dollars each month and she didn?t know how many months that had been happening one or two. I called back and left another message that no they have been pulling that amount since last Oct. 2014 when the panels when live. They have continued to pull the money even after they ?gured out that we won?t be getting the write off. As far as I?m concerned they broke the contract and are now stealing money from me. Not to mention the extra money from the write off. As I told my husband if the panels weren't stuck to my house I would tell them to go take a ?ying leap. By my signature below, I understand a) this complaint will become part of permanent records and is subject to Oregon's Public Records Law; b) this complaint may be released to the business or person about whom I am complaining; c) this complaint may be referred to another governmental agency. By my signature below I authorize any party to release to the D03 any information and documentation relative to this complaint. Electronically Filed 9/14/2015 El Over 65? Signature Date EXHIBIT October 16, 2015 VIA E-MAIL ONLY Alicia Suarez, Enforcement Of?cer Department of Justice, Civil Enforcement Division 1162 Court Street NE Salem, OR 97301-4096 Alicia. suarez@doi .state.or.us Re: Your File No. FF5824-15, AMY MOORE Dear Ms. Suarez: I write in response to your letter dated September 29, 2015, enclosing Mrs. Moore?s complaint. SolarCity has reviewed the complaint and investigated her claim. SolarCity now submits the following response. Mrs. Moore claims she is paying SolarCity $75 a month for the RETC rebate with the understanding she would be able to write-off $1,500 on her and her husband?s taxes. In July 2015, she claims that she found out she was not able to write-off $1,500 on her taxes since the rebate ?ling was not completed by SolarCity before she received the bene?ts of solar power. To remedy this situation, we are waiving the $75 payment for the rebate since Mrs. Moore is unable to obtain the aforementioned write-off. We have sent Mrs. Moore the amendment to the contract re?ecting this change and enclosed it for your reference. We are also crediting Mrs. Moore?s account for past $75 payments for the rebate. This is estimated to be about 12 payments of $75, assuming Mrs. Moore is up to date on her payments. This credit will be re?ected as soon as we receive the signed amendment from Mrs. Moore. We hOpe that this addresses Ms. Moore?s concerns. If you require anything further, please do not hesitate to contact me at (650) 963-4715. Yours, . a. All}; l. Christine Lee Enclosure: Amendment to Moore contract cc: Amy Moore via US. Mail (with enclosure) 3055 Clearview Way San Mateo, CA 94402 (650) 638-1028 (888) (650) 638?1029 solarcitycom SEDIEITCIL ?i RETC Amendment Customer Name and Address Installation Location Date: Amy Moore 17149 SW Woodhaven Dr 17149 SW Woodhaven Dr Sherwood, OR 97140 Sherwood, OR 97140 1. The SolarLease Agreement between SolarCity and You, (the ?Agreement?) including the Exhibits to that Agreement, are hereby amended as follows: a. The following is added to the end of Section "Any Oregon incentives adjustment payments in this section 4(d) will be paid on your behalf by SolarCity" If you don?t sign this Amendment and return it to us on or prior to 30 days after September 17, 2015, SolarCity reserves the right to reject this Amendment. I have read this Amendment in its entirety and I acknowledge that I have received a complete copy of this Amendment. This amendment supersedes any prior amendments that are inconsistent with the subject matter contained herein. Owner?s Name: Amy Moore Power Purchase Agreement Signature: 1 SolarCity Co-Owner?s Name (if any): a Signature: Date: Lyndon Rive, CED Date: 08/20/2015 RETC Amendment Contractor License OR CCB 180498 EXHIBIT FREDERICK M. BOSS Deputy Attorney General ELLEN F. ROSENBLUM Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 1162 Court Street NE Salem, OR 97301?4096 Telephone: (503) 934-4400 Fax: (503) 378?8910 TTY: (800) 735-2900 March 11,2015 SOLAR CITY 3055 CLEARVIEW WAY SAN MATEO, CA 94402 Re: FF 1 3 47-1 5 MICHELLE SLAMA We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest of ef?ciency, we prefer that you respond directly to the complainant and email a copy of your response to our of?ce. Please include the ?le number shown above on the subject line of your email. Alternatively, you may respond to us by regular mail. The response you send regarding this complaint will be part of the public record maintained by the Department of Justice. Preferred Email Address: alicia.suarez@doj .state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your reSponse you hear nothing further from us, you may consider this matter closed. Alicia Suarez Enforcement Of?cer Enclosure: Consumer Complaint Mailing Address: 1162 Court St. NE, Salem, OR 973014096 Physical Address: 340 Vista Ave SE, Salem, OR 97302~4546 Consumer Line: (503) 378?4320 (Salem only), 229?5576 (Portland only) or Toll Free 1-877u877-9392 Hotline Hours: 8:30 am. to 4:30 pm, FAX (503) 378?8910, TTY: (800) 735?2900 Website: Portland Area (503) 229-5576 Salem Area (503) 378?4320 Toll Free Area (877) 877?9392 Fax (503) 378-8910 *Submitted online OREGON DEPARTMENT OF JUSTICE CONSUMER COMPLAINT FORM Ellen F. Rosenblum Attorney General Please Note the Following: Under Oregon Law, the Attorney General cannot act as your private attorney or give you legal advice. Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this complaint does not change those deadlines or guarantee the results you want. You may wish to contact a private attorney. If you paid by credit card, the card issuer may offer relief (or protection). 1. Please use dark ink. Type or print clearly. 3. Keep your original papers. 2. Return this form with copies of important papers. 4. Attach any additional explanation. Michelle Slama First Name Middle Initial Last Name 5826 SE. Flavel Street Mailing Address Portland OR 97206 City State Zip 5035228939 5035228939 5035228939 Day Phone Evening Phone Cell phone number Email address Solar City Name of Business or person about which you are complaining 3055 Clearview Way Mailing/Street Address San Mateo CA 94402 City State Zip Phone Date of Transaction(s): 2/13/2015 How much money, if any, do you believe you lost? None, so far Whom have you contacted regarding your complaint? I am not requesting action on this complaint. Attorney I am over 65 years of age. I am under 30 years of age. Business English is not my first language. I am a veteran. Other I would like info on Veteran?s Benefits. If you would like to receive SCAM ALERTS, print your email address: FF Comp. Code: if Comp. Code; gillfII-Coiriis?omp. I 5 Closing Code l' t0: 337:3; C6153. (FFEmail #5188597) :Rev: 7/15/2014}? 5 DETAILS OF COMPLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here: If your complaint is about a website, please list the website here: I have begun the process of selling my home. It has solar panels on the roof from Solar City that I lease from them. they informed me that if the new owners did not assume the lease that I will need to prepay the lease of $9000. When I bought the house may, 2014, the solar panels were already installed. I was given no information about payment for them or signing a lease prior to purchasing the home. When my realtor or I tried to contact solar City, there was no one available to give us any information. In July, after I had been in my home for nearly two months Solar City ?nally came out and told me I had to lease the equipment. I was not given the option of not signing. Since I was not aware of this prior to purchasing my home, I feel that I should have no obligation to prepay this lease. The builder of this home agrees and has spoken to Keith Knowles of Solar City telling him so. By my signature below, I understand a) this complaint will become part of permanent records and is subject to Oregon?s Public Records Law; b) this complaint may be released to the business or person about whom I am complaining; c) this complaint may be referred to another governmental agency. By my signature below I authorize any party to release to the DOJ any information and documentation relative to this complaint. Electronically Filed 2/23/2015 Over 65? Signature Date EXHIBIT March 26, 2015 Via Email Only alicia.suarez@doj.state.or.us Alicia Suarez, Enforcement Officer Oregon Department of Justice Civil Enforcement Division 1162 Court Street NE Salem, OR 97301-4096 RE: FF1347-15 Michelle Slama Dear Ms. Suarez: I write in response to your letter dated March 11, 2015 (but received on March 16, 2015), notifying SolarCity Corporation (“SolarCity”) about consumer complaint FF1347-15 filed by Ms. Michelle Slama. We believe this matter has been resolved to Ms. Slama’s satisfaction. On March 9, 2015, SolarCity, Ms. Slama, and the homebuyer entered into a Lease Transfer Agreement (the “LTA”). See, Exhibit A (certain information have been redacted in an effort to protect the new homebuyer’s privacy and SolarCity’s trade secrets). Under the LTA, the new homebuyer will assume the lease and relieve Ms. Slama of payment obligations. Since Ms. Slama first notified SolarCity of her intent to sell her home in early February 2015, our Customer Care and Contract Reassignment departments have worked diligently with her to ensure a smooth transition. Our lease offered Ms. Slama multiple options when she sold her house, including but not limited to, transferring the solar system to her new house or transferring the lease to the new homebuyers. Unfortunately, Ms. Slama focused one single worst-case scenario in her complaint on February 23, 2015. Incidentally, her complaint was premature as the home had not been listed, there were no potential buyers, and she had not suffered any damages. Indeed, her fears proved unfounded on March 9, 2015, a mere four days after the house was listed on the market, when she was able to enter into the LTA with the new home buyer and was not required to prepay the lease. In light of the foregoing and the attached LTA, which removes any obligation Ms. Slama had to prepay the lease, we believe this matter has been resolved. As such, SolarCity respectfully requests this complaint be dismissed. If you have any further questions or concerns, please do not hesitate to contact me at 650-963-5100 x55543 or vtran@solarcity.com Thank you, y Vincent Tran Counsel, Compliance EXHIBITA DocuSign Envelope ID: DADB0C71-F801-4A1F-8540-12EBC439CF3B Lease Transfer Agreement Mound Solar Owner IX, LLC c/o SolarCity Corporation 3055 Clearview Way San Mateo, CA 94402 A. Homeowner Name and Address Michelle Slama 5826 SE Flavel Portland OR 97206 Background. SolarCity Corporation (“SolarCity”) and Michelle Slama(“Homeowner”) entered into a SolarLease Agreement on 7/2/2014 (the “Lease”), under which SolarCity leased Homeowner a solar panel system (the “System”), which Lease was subsequently assigned to Mound Solar Owner IX, LLC(the “Lessor”). Homeowner sold/will sell their home to Chris Browne & Kristin Franco (Assuming Party”). Homeowner, pursuant to Section 12 of the Lease, desires to transfer all of Homeowner’s rights and obligations under the Lease to Assuming Party. B. Assignment. Homeowner hereby assigns and Assuming Party assumes all of the Homeowner’s rights and obligations under the Lease. C. Conditions to Effectiveness of Lease Transfer Homeowner acknowledges that, until this Lease Transfer Agreement is consented to by Lessor, Homeowner is still responsible for performing under the Lease. If Assuming Party defaults on the Lease and this Lease Transfer Agreement is not consented to by Lessor, Homeowner acknowledges that Homeowner will be responsible for the default. Once this Lease Transfer Agreement is fully executed and consented to by Lessor, Homeowner shall no longer have any obligations under the Lease or with regard to the System, upon transfer of title of the home to Assuming Party, except as set forth in paragraph D below. D. Monthly Payments Assuming Party’s schedule of monthly payments (the “Monthly Payments”) are set forth below. The Assuming Party’s initial Monthly Payment in the amount of $30.98 (not including any applicable sales tax) is due on 1st OF THE MONTH FOLLOWING TRANSFER. Homeowner will be responsible for Monthly Payments under their Lease until 1st OF THE MONTH FOLLOWING TRANSFER. The monthly Lease payment will increase by $15.00 if you do not make automatic monthly payments from your checking or savings account via Automated Clearing House (“ACH”). Lease Transfer Agreement (Form) 20140925 DocuSign Envelope ID: DADB0C71-F801-4A1F-8540-12EBC439CF3B 1. Amount Due at Lease Transfer None. 2. Monthly Payments (taxes not included in the payment amount reflected) You will owe $0.00 at the time of this Transfer Agreement, followed by 5 Monthly Payments of $30.98 each, followed by 12 Monthly Payments of $31.88 each, followed by 12 Monthly Payments of $32.80 each, followed by 12 Monthly Payments of $33.75 each, followed by 12 Monthly Payments of $34.73 each, followed by 12 Monthly Payments of $35.74 each, followed by 12 Monthly Payments of $36.78 each, followed by 12 Monthly Payments of $37.85 each, followed by 12 Monthly Payments of $38.95 each, followed by 12 Monthly Payments of $40.08 each, followed by 12 Monthly Payments of $41.24 each, followed by 12 Monthly Payments of $42.44 each, followed by 12 Monthly Payments of $43.67 each, followed by 12 Monthly Payments of $44.94 each, followed by 12 Monthly Payments of $46.24 each, followed by 12 Monthly Payments of $47.58 each, followed by 12 Monthly Payments of $48.96 each, followed by 12 Monthly Payments of $50.38 each, followed by 12 Monthly Payments of $51.84 each, followed by 12 Monthly Payments of $53.34 each, Each payment is due on the first day of a calendar month. Your monthly Lease payment will increase by $15 if you don’t make automatic monthly Lease payments from your checking or savings account. 3. Other Charges None. 4. Total of Payments $ 9,673.18 The amount you will have paid by the end of this Lease and any other amounts specified in Section D. (not including any applicable sales tax) 5. Purchase Option. 6. Other Important Terms If you are not in default under the Lease, you will have the option to purchase the System at the end of the Lease Term for $25,987.50 See Section 2 of the Lease for more information on the Lease Term and also see the Lease for additional information on termination, purchase options, renewal options, maintenance responsibilities, warranties, late and default charges, and prohibition on assignment without SolarCity’s consent. E. Term The following language is added as a new subsection at the end of Section 2 the Lease. Interconnection Date: 08/13/2014 Lease Transfer Agreement (Form) 20140925 DocuSign Envelope ID: DADB0C71-F801-4A1F-8540-12EBC439CF3B F. Original Lease. A true and correct copy of the Lease is attached hereto as Exhibit 1. [Signature Page Follows] Lease Transfer Agreement (Form) 20140925 DocuSign Envelope ID: DADB0C71-F801-4A1F-8540-12EBC439CF3B IN WITNESS, WHEREOF, Homeowner and Assuming Party hereby agree to this Lease Transfer Agreement. Homeowner: Michelle Slama Signature: Consented and agreed: Mound Solar Owner IX, LLC Lease Transfer Agreement (Form) 20140925 Assuming Party: Chris Browne Signature: EXHIBIT ELLEN F. ROSENBLUM Attorney Genera! FREDERICK M. BOSS Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 1162 Court Street NE Salem, OR Telephone: (503) 934-4400 Fax: (503) 378-8910 TTY: (800) 735-2900 December 2, 2015 SOLAR CITY CORPORATION 3055 CLEARVIEW WAY SAN MATEO, CA 94402 Re: BRENDA KELLEY We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest of ef?ciency, we prefer that you respond directly to the complainant and email a copy of your response to our of?ce. Please include the ?le number shown above on the subject line of your email. Alternatively, you may respond to us by regular mail. The response you send regarding this complaint will be part of the public record maintained by the Department of Justice. Preferred Email Address: alicia.suarez@doj .state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your response you hear nothing further from us, you may consider this matter closed. Alicia Suarez Enforcement Officer Enclosure: Consumer Complaint Mailing Address: 1162 Court St. NE, Salem, OR 97301-4096 Physical Address: 2250 McGilchrist St SE, Saiem, OR 97302 Consumer Line: (503) 378?4320 (Salem only), 229?5576 (Portland only) or Toll Free 1?877-877-9392 Hotline Hours: 8:30 am. to 4:30 FAX (503) 378?8910, TTY: (800) 735-2900 Website: Portland Area (503) 229?5576 Salem Area (503) 378-4320 Toll Free Area (877) 877-9392 Fax (503) 378-8910 Ellen F. Rosenblum I . .7- Attorney General .. .. . . QB Csz?lla Please Note the Following. Under Oregon Law, the Attorney General cannot act as your private attorney or give you legal advice. Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this complaint dOes not change those deadlines or guarantee the results you want. You may wish to contact a private attorney. If you paid by-credit card, the card issuer may offer relief (or protection). ARTMENT OF JUSTICE COMPLAINT FORM - 1. Please use dark ink. Type or print clearly. 3. Keep your original papers. 2. Return this form with copies of important papers. 4. Attach any additional explanation. i) Qr?iAc? Vic? Uaki First Name Middle Initial - Last Name 2(0?4f?) WOLU Mailing Address ??793er OR Cl ?1?7073 City State Zip 5M ULH -2 Ll,r "lira-nu) eed-Ll?q inuilxcm Day Phone Evening Phone Cell phone number Email addres?s Cya?rcr (pH-xi {Ewart-chm, Name of Business or person about which you are complaining le Li CL Ate; . Main-W a Elr?ss' gash mchtO A Quilt)?? City State Zip {(236330) 239%; \Phone mag NE Pot-Hand. 01141110 2043;; are, Ola Date of Transaction(s): Whom have you contacted regarding your complaint? How much money, if any, do you believe you lost? I am not requesting action on this complaint. I am ever 65 years of age Attorney I am under 30 years of age El English is not my first language IE. Business ?go \Ctx (Xvi 'in El I am a veteran Other I would like info on Veteran's Bene?ts If you would like to receive SCAM ALERTS, print your email address: Fm avg .7, mad 9 Nice} I . C. Cm FOR OFFICIAL use ONLY jf_'FF# . .. - - . _1Rec'd From. i-gComp Code ?Ifiijj: Code 952-? Ref?d To {Comp Code ?7'3'BusCode - El- COns. Comp ClOSing Code 'T'Notes .2Rtntoit/so/is DETAILS OF COMPLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here: If your complaint is about a website, please list the website hereRW?uad?fm-Q?ar?PrMM 5 +0 0 ks --ch5 have caveat?J. no 4?m?1?Kg0c??l- us *9 .5: n3 ruse 100? By my signature below, I understand a) this complaint will become part of permanent records and is subject to Oregon's Public Records Law; b) this complaint may be released to the business or person about whom I am complaining; c) this complaint may be referred to another governmental agency. By my signature below I authorize any party to release to the DOJ any information and documentation relative to this complaint. . QM ibjaj l?l MI 5 dZ/Over 65? Sig nature You can scan the completed form and documents and email to: or; fax to: 503.878.5017 or; mail to: Oregon Department of Justice Financial Frauci/Consumer Protection Section 1162 Court St. NE Salem, OR 97301. %s#-z-05rse Elie wales am ?as my 2.91:1 mamas Jew??su?afim?e lemma msnma?uemy??ao HOEBJO i0; N03 HHOA Envelope lD: . Awe? Mamie-v Lease Transfer Agreement Mound Solar Owner LLC Homeowner Name and Address . Coquner Name c/o SolarCity Corporation Mike Wiikins Tonna Wilkins 3055 Clearview Way 2648 Nordeen Way San Mateo, CA 94402 Bend, 01? 97701 A. Background. SolarCity Corporation (?SolarCity?) and Mike and Tonna Wilkins (?Homeowner?) entered into a SolarLease Agreement on 1/23/2014 (the ?Lease?), under which SolarCity leased Homeowner a solar panel system (the ?System?), which Lease was subsequently assigned to Mound Solar Owner LLC (the ?Lessor?). On 6/6/2014, Homeowner sold their home to David E. Kelley and Brenda M. Kelley (?Assuming Party?). Assuming Party meets the Lease credit requirements; and Homeowner, pursuant to Section 12 of the Lease, desires to transfer all of Homeowner?s rights and obligations under the Lease to Assuming Party. B. Assignment. Homeowner hereby assigns and Assuming Party assumes ali of the Homeowner?s rights and obligations under the Lease. C. Conditions to Effectiveness of Lease Transfer. Homeowner acknowledges that, until this Lease Transfer Agreement is consented to by Lessor, Homeowner is still responsible for performing under the Lease. If Assuming Party defaults on the Lease and this Lease Transfer Agreement is not consented to by Lessor, Homeowner acknowledges that Homeowner will be responsible for the default. Once this Lease Transfer Agreement is fully executed and consented to by Lessor, Homeowner shall no longer have any obligations under the Lease or with regard to the System, except as set forth in paragraph below. D. Payments. Assuming Party?s schedule of payments (the Payments?) are set forth below/ Assuming Party?s initial Payment in the amount of $81.68, not including any applicable sales tax, is due on 1St OF THE MONTH FOLLOWING TRANSFER. Assuming Party has compieted the Authorization Agreement for Pre- Authorized Payments form. Homeowner will be responsible for Payments under their Lease until 1in OF THE MONTH FOLLOWING TRANSFER. Lease Transfer Agreement (Form) 20120713 DocuSign Envelope ED: 1. Amount Due at Lease Transfer None. 2. Payments (taxes not included in the payment amount re?ected) You will owe $0.00 at the time of this Lease Transfer Agreement, followed by 12 Payments of $81 .68 each, followed by 12 Payments of $81 .68 each, followed by 12 Payments of $81 .68each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81 .68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81.68 each, followed by t2 Monthiy Payments of $81 .68 each, followed by 12 Payments of $81 .68 each, followed by 12 Payments of $8 1 .68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $8 1 .68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81.68 each, followed by 12 Payments of $81 .68 each, followed by 12 Payments of $81.68 each, followod by 12 Payments of $81.68 each, Each payment is due on the ?rst day of a calendar month. The total of your Monthiy Payments is $19,603.20 All payments include an automatic payment discount of $15. Your Lease payment will increase by $15 if you don?t make automatic Lease payments from your checking or savings account. 3. Other Charges (not part of the Payments) None. 4. Total of Payments (The amount you will have paid by the end of this Lease) 19,603.20 (total of Payments and any other amounts speci?ed in Section does not include any additional installation cost or taxes) 5. Purchase Option. if you are not in default under the Lease, you will have the option to purchase the System at the end of the Lease Term for $63,345.00 6. Other Important Terms See Section 2 of the Lease for more information on the Lease Term and also see the Lease for additional information on termination, purchase options, renewal options, maintenance responsibilities, warranties, late and default charges, required insurance and prohibition on assignment without SolarCity?s consent. E. Original Lease. A true and correct copy of the Lease is attached hereto as Exhibit 1. Lease Transfer Agreement (Form) 20120713 [Signature Page ollows] 2 DocuSign Envelope 1D: IN WITNESS, WHEREOF, Homeowner and Assuming Party hereby agree to this Lease Transfer Agreement. Homeowner: Assuming Party: idiEethelley MILL 0}thth Dawn], Mg? Si nature: Si nature: 6 6/6/2014 6/6fi6i4 Assuming Party: asMeJialley bid/Vela, Slgnatul'e: Co-Owner: ?mW?m WW Signature: 6/6/2014 Consented and agreed: Mound Solar Owner VHI, LLC Lease Transfer Agreement (Form) 20120713 DocuSign Envelope ID: Igease COVERPAGE Lease Transfer Agreement (Form) 20120713 Certificate of Completion Envelope Number: Subject: Please DocuSign this document: AC Lease Transfer Start Date: Primary Applicant: Source Envelope: Document Pages: 4 Certificate Pages: 4 AutoNav: Enabled Envelopeld Stamping: Enabled Record Tracking Status: Original 6/5/2014 4:52:39 PM PT Status: Original 6/5/2014 4:55:08 PM PT Signer Events Brenda Kelley Security Level: Email, Account Authentication (None) Eiectronic Record and Signature Disclosure: Accepted: 6/5/2014 10:58:54 AM PT ID: David Kelley Flyfisher01@gmail.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/6/2014 9:04:17 AM PT lD: Mike Wilkins Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/6/2014 9:27:04 AM PT ID: Tonna Wilkins Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/6/2014 5:21 :44 AM PT ED: In Person Signer Events Editor Delivery Events Agent Delivery Events Signatures: 4 Initials: 0 Holder: Amanda Chapin achapin@solarcity.com Holder: SolarCity Asset Care act@soiarcity.com Signature DocuSigned by: brew/a lull/J1 Using Address: 72.35.130.75 Using IP Address: 72.35.130.75 DocuSigned by: Mild, (ML/aims Using lP Address: 204.15.56.94 DocuSlgned by: WW (Nit/aims Using lP Address: 204.15.56.94 Signature Status Status Dom ?sher/use Status: Completed Envelope Originator: SolarCity Asset Care 3055 Clearview Way San Mateo, CA 94402 act@solarcity.com iP Address: 50.200.38.50 Location: DocuSign Location: DocuSign Timestamp Sent: 6/5/2014 4:55:08 PM PT Viewed: 6/5/2014 5:09:28 PM PT Signed: 6/6/2014 8:58:11 AM PT Sent: 6/5/2014 4:55:08 PM PT Viewed: 6/5/2014 5:40:15 PM PT Signed: 6/6/2014 9:04:36 AM PT Sent: 6/6/2014 9:10:43 AM PT Viewed: 6/6/2014 9:27:04 AM PT Signed: 6/6/2014 9:27:35 AM PT Sent: 6/5/2014 4:55:07 PM PT Viewed: 6/6/2014 5:21:44 AM PT Signed: 6/6/2014 5:22:50 AM PT Timestamp Timestamp Timestamp Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Amanda Chapin achapin@solarcity.com Sales Quality Specialist SolarCity Corporation Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Compiete Completed Status Status Status CDPIED Status Security Checked Security Checked Security Checked Electronic Record and Signature Disclosure Timestamp Timestamp Timestamp Sent: 6/5/2014 4:55:08 PM PT Viewed: 6/5/2014 4:55:08 PM PT Signed: 6/5/2014 4:55:08 PM PT Timestamp Timestamps 6/6/2014 9:10:43 AM PT 6/6/2014 9:27:04 AM PT 6/6/2014 9:27:35 AM PT 6/6/2014 9:27:35 AM PT Electronic Record and Signature Disclosure created on: 12/13/2013 3:57:56 PM Parties agreed to: Brenda Kelley, David Kelley, Mike Wilkins, Tonna Wilkins By accepting the terms of this Electronic Signature Disclosure and Consent, you agree that SolarCity Corporation ("SolarCity") may send you electronic copies of any and all notices, disclosures, records and forms related to, and including, your contract ("Disclosures") with SolarCity. Once you have agreed to accept electronic copies of the Disclosures and your receipt is verified, SolarCity will be under no obligation to provide you with paper versions of the Disclosures unless you request them or withdraw your consent. Before SolarCity can deliver Disclosures to you electronically, it is important that you understand your rights and responsibilities. With your consent, SolarCity will send you electronic copies of the Disclosures via email or its website. For access and retention of the electronic Disclosures, your computer hardware and software must, at a minimum, meet the following requirements: - Be capable of accessing the Internet, with connectivity to an Internet Service Provider or any other capable communications medium, and with software capable of viewing and printing a *.pdf file created by Adobe Acrobat, and - Have a personal email address capable of sending and receiving e-mail messages to and from SolarCity (be sure to add solarcity.com to your "safe senders" or other similar list). 0 To print the documents, you will need access to a printer compatible with your hardware and the required software. If those software or hardware requirements change in the future, SolarCity will notify you of the new requirements for access to and retention of the Disclosures. You may withdraw your consent to use and receive electronic copies of the Disclosures at any time and for any reason. To withdraw your consent, email us at customercare@solarcitycom or by calling 1-888?765?2489 during regular business hours. Once your withdrawal request is received and processed, SolarCity will remove your access to electronic Disclosures. You may also, at any time, request paper copies of the Disclosures that were sent to you electronically. To request paper copies, email us at customercare@solarcitycom or by calling 1?888-765?2489 during regular business hours. SolarCity charges no fee for such requests. If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Disclosures and communications to you will not be affected. To facilitate these services, you must provide SolarCity with your current e?mail address and update that information as necessary. You may update your e-mail address by email us at customercare@solarcity.com or by calling 1-888?765-2489 during regular business hours. Unless otherwise required by law, you agree that any Disclosures we deliver electronically will be deemed received by you when sent to the most current e?mail address you provided us. We will not assume liability for non?receipt of notification of the availability of electronic Disclosures in the event your e-mail address on file is invalid; your e?mail or Internet service provider filters the notification as ?spam" or ?junk mail,? there is a malfunction in your computer, browser, Internet service and/or software; or for other reasons beyond our control. Consent Coverage; Notices From You Are Not Covered. Applicable law or contracts sometimes require you to give us "written" notices, and your consent does not relate to those items. In order to coordinate our processing, you must still provide us notice as provided by the applicable agreement between you and SolarCity. By checking the agree' box, you acknowledge that you can access the Electronic Disclosures in the designated formats described above, and that the computer(s) you are using now, and will later use, meet the system requirements described above. You also acknowledge that you have been able to read this agreement using your computer and software; you have successfully printed or downloaded a copy of this agreement; you have access to an account with an internet service provider; and you are able to send and receive e-mail. By checking the agree' box, you further acknowledge receipt of this Electronic Signature disclosure, agree to its terms, and consent to having all disclosures provided or made available to you in electronic form and to doing business with us electronically. Upon accepting the terms, you will be directed to download and/or sign the electronic Disclosures associated with your lease. Once you open the Disclosures, a log is created indicating you have received and reviewed your electronic Disclosures. The log establishes a presumption that you have Viewed your electronic Disclosure documents and verifies your consent to receive the Disclosures in electronic form. If you choose not to accept receipt of Disclosures electronically, we will mail paper Disclosures to you at no charge. Please print and retain a copy of this agreement for your records. Oregon Department of Justice Consumer Complaint Form Attachment of Details of Complaint from Brenda M. Kelley David and Brenda Kelley purchased a home at 2648 NW Nordeen Way, Bend, OR 97703 on June 6, from Michael Wilkins Construction LLC. The builder had installed a solar system leased from SolarCity on the home. Attached is the Lease Transfer Agreement assigning the Lease to David and Brenda Kelley, indicating that our payments each month, beginning July 2014 and will remain the same amount for 20 years. so attached is the DocuSigned Authorization Agreement for Pre-Authorized Payments authoriz- ing SolarCity to process ACH debits to our checking account on the 1st day of each month. During the first week of August 2014 and each month thereafter for several months, I contacted Solar City to tell them the ACH debits did not show on my checking account statement. Each time i talked to a different person, and they each indicated that SolarCity was behind in their bill- ing and ACH would begin the next month. Finally, I gave up on the phone calls but left sufficient funds in the account to cover any ACH payments for the months due. On May 26, 2015, we received an invoice from SolarCity for $1,452.66, detailing payment of $82.50 for 6/012015? 6/30/2015 plus a $15.00 Payment charge AND a Past Due amount of $1,355.16. On May 27, contacted Solar City Billing Department in Portland, OR. Recorded mes- sage said was #59 in the queue, so I left my number for a call back. After a long wait, I re- ceived a callback from Adrian Robertson. He told me he would drop the Payment charges if i would send a check for the outstanding amount because if he initiated the automatic payment, it would deduct the entire amount of the invoice. His calculation of the amount owed did not agree with my Lease Agreement, so I called back on June 4, 2015 and was told he no longer works at Solar City. I spoke with Craig Lewis. provided an updated address for Michael Wilkins who told me he had not been invoiced from SolarCity. Craig Lewis told me he would send the information to SolarCity Corporate Office requesting correct invoice be sent to Michael Wilkins for charges due pre-transfer and an invoice to me for the correct billing amount ($81 .68,not $82.50) indicating payment periods and waiving all Payment charges. I agreed to pay the amount due by check and have SolarCity begin the ACH debits the following month. (call recap email from me to Craig Lewis attached). After receiving yet another invoice in June 2015, I contacted C. Lewis again; he had not heard back from corporate. After their invoice on 7/28/15, spoke with C. Lewis again. He said he received a reply from Corporate denying the rebook, but he has ptaced a notice on my account which is why no-one is calling me requesting payment. Billing is extremely busy, but he will continue to follow-up with Corporate. I followed on 8/14/15 and spoke with John, Collections Supervisor. Followed again on 8/24/15 and spoke to C. Lewis who said John received an e- mail from Corporate acknowledging the flat rate of $81.68/mo. for entire contract. John and Craig will follow to get the re?billing accomplished before the end of August; this will represent the correct amount for us, eliminate the ACH charges, and detail the payment periods covered as well as billing Michael Wilkins for the pre-transfer charges. On 9/24/15 I received another invoice and contacted C.Lewis. He said he is still awaiting re- booking from Corporate Office and sent them another e-mail. He assured me that John, Collec- tions Supervisor, is aware of the problem and is not initiating any collection action. He agreed to call me when he gets a reply. i asked him for contact info at Headquarters so i could try to get an explanation directly. On 9/25/25 I spoke with Justin Mansfield, at SolarCity Corp. Customer Service; he left the phone to discuss with his supervisor, Victoria. He doesn?t understand why this hasn?t been re? solved but will do further review and check back with me on 9/30/15 with an update. On 10/2/15 I called Justin Mansfield because he had not yet gotten back to me. He apologized and said he had been out sick but he and his supervisor are going to talk to Billing and would follow up by Oct. 6. Just so he had all the information at hand, I followed our conversation with an e-mail recapping the ongoing billing nightmare. (copy attached) When there was no follow up by 10/13/15 I spoke with Jutta in the OR Attorney General?s Of- fice in Salem, and gave her a brief overview. She sent a complaint form to be completed with all supporting documents. On received an invoice for $1,940.16. I?m so exhausted with phone calls (ail of which consume hours waiting to get through to customer service and waiting for a call back just to explain the ongoing issues once again), then follow-up e-mails with no resolution for a prob? lem that began in July 2014, and then initiating a follow-up as SolarCity just listens and promis? es to foliow~up, but never does. Therefore, I feel compelled to submit this Complaint as this company has issues and no one in the organization is authorized to correct them. The Billing Nightmare e-mail from Brenda Kelley (ironweed1@qmail.com) to Justin Mansfield recaps the five points I?ve repeatedly requested to no avail. Point 4?should now be July 2014 Nov. 2015. DocuSign Envelope ID: Authorization Agreement for Prom-Authorized Payments To facilitate transactions associated with the Lease Transfer Agreement, Assuming Party hereby authorizes Lessor to initiate debit entries to the checking account indicated below, for scheduled Payments (as de?ned in the Lease Transfer Agreement) and applicabie sales or use tax, and Assuming Party hereby authorizes the depositing ?nancial institution named below to enter such debits or credits to such account. Ke Bank National Association Bank Name: Routing No.: Account No.: It is understood that Lessor will process debit entries to the above referenced account on the day of each month in an amount not to exceed such amounts due under the Lease at such time. Assuming Party represents to Lessor that all persons whose signatures are required to withdraw funds from the above referenced account have executed this Authorization Agreement. Assuming Party hereby acknowledges that Lessor may process debit entries for scheduled Payments and appiicable sales or use tax due and paygble to Lessor pursuant to the Lease Transfer Agreement between Lessor, Co? Lessees and Assuming Party. Assuming Party also acknowledges that Lessor may assign the Lease to a third~party and that the assignee may then initiate debit entries per this Authorization Agreement. Assuming Party hereby acknowledges that it has received a copy of this Authorization Agreement for its records. Assuming Party hereby acknowledges that this Authorization Agreement will not be terminated until the Lease is paid in full, or Assuming Party provides written noti?cation Via certified mail of such termination of this Authorization Agreement and has allowed Lessor a reasonable amount of time to act upon the request. The termination of the Authorization Agreement does not terminate the Lease, the Lease Transfer Agreement or Assuming Party?s obligation to make payments required by the Lease or the Lease Transfer Agreement. Docusigned by: 57min M1141 Brenda 6/6/2014 System location: 2648 Nordeen Way Bend, Or 97701 Assuming Party: Lease Transfer Agreement (Lease)(Resi)20100615 Certificate of Completion Envelope Number: Subject: Please DocuSign this document: AC ACH form JB-981033-00.pdf Start Date: Primary Appiicant: Source Envelope: Document Pages: 1 Certi?cate Pages: 4 AutoNav: Enabled Envelopeid Stamping: Enabled Record Tracking Status: Original 6/5/2014 4:55:15 PM PT Status: Original 6/5/2014 4:56:23 PM PT Signer Events Brenda Keiley lronweed1@gmail.com Security Level: Email, Account Authentication (None) Eiectronic Record and Signature Disclosure: Accepted: 6/5/2014 10:58:54 AM PT ID: In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Deiivery Events Certified Delivery Events Carbon Copy Events Amanda Chapin achapin@solarcity.com Saies Quality Specialist SoiarCity Corporation Security Level: Emaii, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered lD: Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Signatures: 1 initials: 0 Holder: Amanda Chapin achapin@solarcity.com Holder: SolarCity Asset Care Signature Bonusignad by: 6m Using IP Address: 72.35.130.75 Signature Status Status Status Status Status ED Status Security Checked Security Checked 5 6555111155 Status: Completed Envelope Originator: SolarCity Asset Care 3055 Clearview Way San Mateo, CA 94402 IP Address: 50.200.38.50 Location: DocuSign Location: DocuSign Timestamp Sent: 6/5/2014 4:56:22 PM PT Resent: 6/6/2014 9:12:51 AM PT Viewed: 6/5/2014 5:14:44 PM PT Signed: 6/6/2014 10:15:52 AM PT Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 6/5/2014 4:56:23 PM PT Viewed: 6/5/2014 4:56:23 PM PT Signed: 6/5/2014 4:56:23 PM PT Timestamp Timestamps 6/6/2014 9:12:51 AM PT 5/5/2014 5:14:44 PM PT 5/5/2014 10:15:53 AM PT Envelope Summary Events Status Timestamps Completed Security Checked 6/6/2014 10:15:53 AM PT Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 12/13/2013 3:57:56 PM Parties agreed to: Brenda Kelley By accepting the terms of this Electronic Signature Disclosure and Consent, you agree that SolarCity Corporation ("SolarCity") may send you electronic copies of any and all notices, disclosures, records and forms related to, and including, your contract ("Disclosures") with SolarCity. Once you have agreed to accept electronic copies of the Disclosures and your receipt is verified, SolarCity will be under no obligation to provide you with paper versions of the Disclosures unless you request them or withdraw your consent. Before SolarCity can deliver Disclosures to you electronically, it is important that you understand your rights and responsibilities. With your consent, SolarCity will send you electronic copies of the Disclosures via email or its website. For access and retention of the electronic Disclosures, your computer hardware and software must, at a minimum, meet the following requirements: Be capable of accessing the Internet, with connectivity to an Internet Service Provider or any other capable communications medium, and with software capable of viewing and printing a *.pdf file created by Adobe Acrobat, and Have a personal email address capable of sending and receiving e-mail messages to and from SolarCity (be sure to add solarcity.com to your "safe senders" or other similar list). - To print the documents, you will need access to a printer compatible with your hardware and the required software. If those software or hardware requirements change in the future, SolarCity will notify you of the new requirements for access to and retention of the Disclosures. You may withdraw your consent to use and receive electronic copies of the Disclosures at any time and for any reason. To withdraw your consent, email us at customercare@solarcity.com or by calling 1?888?765-2489 during regular business hours. Once your withdrawal request is received and processed, SolarCity will remove your access to electronic Disclosures. You may also, at any time, request paper copies of the Disclosures that were sent to you electronically. To request paper copies, email us at customercare@solarcity.com or by calling 1-888?765?2489 during regular business hours. SolarCity charges no fee for such requests. If you decide to withdraw your consent, the legal validity and enforceability of our prior electronic Disclosures and communications to you will not be affected. To facilitate these services, you must provide SolarCity with your current e~mail address and update that information as necessary. You may update your e-mail address by email us at customercare@solarcitycom or by calling 1-888?765?2489 during regular business hours. Unless otherwise required by law, you agree that any Disclosures we deliver electronically will be deemed received by you when sent to the most current e-mail address you provided us. We will not assume liability for non?receipt of notification of the availability of electronic Disclosures in the event your email address on file is invalid; your e?mail or Internet service provider filters the notification as ?spam? or "junk mail," there is a malfunction in your computer, browser, Internet service and/or software; or for other reasons beyond our control. Consent Coverage; Notices From You Are Not Covered. Applicable law or contracts sometimes require you to give us ?written" notices, and your consent does not relate to those items. In order to coordinate our processing, you must still provide us notice as provided by the applicable agreement between you and SolarCity. By checking the agree' box, you acknowledge that you can access the Electronic Disclosures in the designated formats described above, and that the computer(s) you are using now9 and will later use, meet the system requirements described above. You also acknowledge that you have been able to read this agreement using your computer and software; you have successfully printed or downloaded a copy of this agreement; you have access to an account with an internet service provider; and you are able to send and receive e-mail. By checking the agree? box, you further acknowledge receipt of this Electronic Signature disclosure, agree to its terms, and consent to having all disclosures provided or made available to you in electronic form and to doing business with us electronically. Upon accepting the terms, you will be directed to download and/or Sign the electronic Disclosures associated with your lease. Once you open the Disclosures, a log is created indicating you have received and reviewed your electronic Disclosures. The log establishes a presumption that you have Viewed your electronic Disclosure documents and verifies your consent to receive the Disclosures in electronic form. If you choose not to accept receipt of Disclosures electronically, we will mail paper Disclosures to you at no charge. Please print and retain a copy of this agreement for your records. INVDIQE JOB NUMBER 981033-00 ?g .0 1 DATE. 1 SOLARCITY 1 - 3/1115 13.0. TQTAL $1 ,940.16 DUE DATE 11/1/2015 BELL TO REMBT TO 102?110-4666-4692 SolarCity 0813 Fund #8 (U88) Kelley, Brenda PO BOX 4387 7:643 'ng PORTLAND OR 97208-4387 INVOECE NUMBER DESCRIPTION AMOUNT I TAX TOTAL 981033?00?020 Payment Period (11/01/2015 11/30/2015) $82.50 $0.00 $82.50 981033-00-020 Payment $15.00 $0.00 . $15.00 Total Past Due; $1,842.66 2648 Nordeen Way Bend, OR 97701 TQTAL $134015 PAST DUE PAYMENTS PAYMENTS RECESVED INVOICE DUE DATE AMOUNT DATE CHECK NO. AMOUNT 981033-00?01 9 10/1/2015 $82.50 981033-00-018 9/1/2015 $82.50 Additional Amounts Due $1 ,677.66 Total Past Due $1,842.66 Kelley, Brenda Return This Portion With Your Payment 2648 NW Nordeen Way Bend OR 97703?7352 INVOICE NUMBER DUE DATE 1 PAYMENT if you have any questions regarding the statement, please calf the Biliing Department at (877) 652-8638. TAX CHARGE DESCRIPTION TOTAL 981033-00-020 11/1/2015 $82.50 $0.00 Payment Period (11/01/2015 ?11/30/2015)f $82.50 981033-00?020 11/1/2015 $15.00 $0.00 Payment 1 $15.00 1 Total Past Due $1,842.66 3 Remit Payment To AMOUNT $1,940.16 SoiarCity use Fund #8 (U88) PO BOX 4387 JOB NUMBER 981033 00 PORTLAND OR 97208-4387 DATE 1011312015 CHECK HERE 1F YOU HAVE WRITTEN YOUR NEW BILLING ADDRESS ON THE REVERSE SIDE. IRW SE 808 NUMBER 9810,331190 DATE 5/12/2015} SOLAROITTBILLINO DEPARTMENT PO. BOX 4887 TQTAL $1,452.66 PORTLAND, OR 87288 1 I DUE IATE 6/1/2015 BELL, T0 Kelley, Brenda 2648 NW Nordeen Way Bend OR 97% 7352 I use Fund #8 (U88) BOX 4387 PO3TLANO OR 97208 4887 . 047:0.) EEG-1X exit/ugh it? :s?ob?iv ?4 IIL .. 3? begk?? tiff it (Dig (It I: I INVOICE NUMBER DESCRIPTION AMOUNT TOTAL 981033-00?015 Payment Period (08/01/2015 08/30/2015) . $82.50 3 $0.00 $82.50 i? 981033-00-015 i Payment $15.00 $0.00 $15.00 Total Past Due: $1,355.18 2648 Nordeen Way Bend, OR 97701 TOTAL $145255 DUE PAYMENTS 3 PAYMENTS RECEIVED INVOICE DUE DATE AMOUNT i DATE CHECK NO. AMOUNT 98108300014 5/1/2015 $82.50 981033?00?013 4/1/2015 $82.50 Additional Amounts Due $1 ,190.163 Total Past Due $1 355.16 Kelley, Brenda Return This Portion With Your Payment 2648 NW Nordeen Way Bend OR 97701_7352 if you have any questions the statement, please cali the Billmg Department at (877) 652-8638. INVOICE NUMBERI DUE DATE PAYMENT TAX CHARGE 1 DESCRIPTION TOTAL 981033?00-015 8/1/2015 1 $82.50 $0.00 $82.50 98103800015 8/1/2015 $15.00 $0.00 Payment . $15.00 Total Past Due. $1,355.18 . Remit Payment TO AMOUNT $1,452.66 SoiarCity USB Fund #8 (U88) PO BOX 4387 JQB NUMBER 931033 00 PORTLAND OR 97208-4387 DATE 5/12/2015 CHECK HERE IF YOU HAVE WRITTEN YOUR NEW BILLING ADDRESS ON THE REVERSE SIDE. 11/10/2015 Gmail .. ACH Authorization Form A, MM 5' Brenda Kelley ACH Authorization Form 3 messages ironweed Fri, Jun 12, 2015 at 10:37 AM To: Cc: Michael Wilkins Craig, attached is the docusigned ACH Authorization Form for our Solar City account, with signing confirmation dated 6/06/14. As previously stated, when I received my July 2014 checking account statement, I called Solar City to report that my account had not been charged. I called again after receiving my August checking account statement. Both times I was assured that this would take place "next month". I was also told that there were some confusions goiing on with Solar City catching up with billing and that the issue would be corrected soon. The Solar City invoice dated 5/12/2015 re Job Number 981033-00 certainly reflects there was lots of confusion. I appreciate your efforts to get this sorted out. As soon as we receive the corrected invoices for both the previous owner/builder, Michael Wilkins and for David and Brenda Kelley, we will pay by check the amounts due. The corrected invoices reflecting Transfer Agreement with docusign confirmation dated 6/l6/2014 should be sent to: Michael and Tonna Wilkins 2354 NW Torsway Street Bend, OR 97701 Brenda and David Kelley 2648 NW Nordeen Way Bend, OR 97701 Following receipt of checks for the correct amounts to bring the account up to date, you may begin the ACH debits to my account each month for the correct amount of $81.68/month. If you need additional information, please don't hesitate to contact me at ironweed1@gmail.com or 541?647-2514. Regards, Brenda KeHey Solar City ACH Authorization Form.pdf 165K Michael Wilkins Mon, Jun 15, 2015 at 6:12 AM To: ironweed Morning Brenda, Thanks for keeping me in the loop concerning Solar City. Sorry it's been such a htips://m . . 1/2 11/10/2015 Gmail - ACH Authorization Form hassle. We'll just have to wait and see if they can handle their next difficult assignment. Thanks, Mike mike@wilkins~constructioncom 541 -41 0?3682 EDMETRUCTEUN LLC Esme Gasman - Caz-1* games: .Com [Quoted text hidden] ironweed Fri, Oct 2, 2015 at 9:57 AM To: jmansfield@sotarcity.com [Quoted text hidden] in] Solar City ACH Authorization 165K ai .google.com/mai k=beTeBb479&view= . . 2/2 11/10/2015 Gmail - Billing Nightmare Brenda Kelley Billing Nightmare 4 messages ironWeed Fri, Oct 2, 2015 at 1:29 PM To: jmansfield@solarcity.com Cc: Michael Wilkins Justin, Following up on our conversation this morning, I know you are coming in late to this confusion, so I will try to recap for you in hopes that SOMEONE at Solar City can correct an untenable situation that has taken many hours of phone calls, listening to recordings, waiting for call backs, documentation, with no progress toward resolution. We docu~signed a Transfer Agreement and an ACH Authorization on 6/16/2014. I followed up in July, Aug. and Sept. (speaking with Amanda Chapin, Sales Quality(?) Specialist, multiple times and then Gerald Sison) to report that my account had not been charged and I did not want to receive a cumulative bill. Each told me that their billing was running behind and that the deductions would begin the following month. Exasperated by lack of progress, I stopped calling. In May 2015, I received my first invoice (running behind, really?) including non-ACH payment charges and at some point an increase of 2.9% in amount from the contract rate of $81.68 to $82.50. Since the invoice does not include a breakdown of charges or months involved, it's pretty difficult-who, impossibie??to determine how the Additional Amounts Due of $1,190.16 and Total Past Due of $1,355.16 is derived. What is included in the calculation of these amounts? I called and spoke with Adrian in the Billing Dept. in Portland. He informed me that he would waive the non~ACH charges and I should send a check for the outstanding amount because if they started the ACH deductions it would deduct the entire incorrect amount from my account. I knew that would be a nightmare to unravel and I need to know when deductions begin as that account is used infrequently and I don't want to overdraw. I requested a rebilling to the appropriate parties (and furnished the buider's new address) for the amount he owed prior to our closing and a correct bill for the amount I owed (including correct payments and waived non?ACH charges and a breakdown of months being invoiced). I followed with copies of the Transfer Agreement and ACH Authorization. Both parties each agreed to pay by check for the correct amounts owed when we receive correct invoices. I still need a breakdown of the charges by dates/amounts to understand the invoices. I have received additional invoices dated 7/13, 8/11 and 9/11/2015 (again with no breakdown of charges by dates). The invoices are always dated in the second week of the month, but I never receive them until the last week of each month. (What's up with that?) Each time I have made multiple contacts with Billing (Craig Lewis and John, Collections Supervisor) and have been told that they are waiting for approval from Corporate to re?bill. After spending hours contacting Billing, waiting for call backs, documenting conversations, following up, etc. with no progress made in resolving the issue, I asked Craig for the name of someone at Corporate. He gave me your name and Since you're coming in after many discussions, and I'm hoping for correction before I receive another incorrect invoice in October, here is a recap of the original request: 1. payment is $81.68 for the duration of the lease. Please correct months incorrectly invoiced at increase to $82.50. 2. Waive all now-ACH charges. Solar City had authorization for ACH deductions and failed to htisz/m eitgooglecom/rn ai . . 1/3 11/10/2015 Gmail Biiling Nightmare implement them?--eyen after my reminders. 3. Invoice Michael &Tona Wilkins,(new address: 2345 NW Torsway Street, Bend, OR 97703) for amount owed prior to transfer. (Copy of doc?signed Transfer Agreement forwarded to you by e?mail today.) 4 Invoice Brenda Kelley for correct amount of $81.58 for months ofJuiy 2014 Oct. 2015. 5. Begin ACH withdrawals of $81.68 only after confirmation by me that we have received a corrected invoice. Justin, I hope this helps and you can get the confusion straightend out quickly. Looking forward to your follow?up update Tuesday, Oct. 6th Brenda Kelley Justin Mansfield Fri, Oct 2, 2015 at 2:00 PM To: ironweed Hey Brenda, Thank you for sending this to me. We mass forwarded this to management in multiple departments in hopes of getting resolution as soon as possible. apologize again for how frustrating your experience has been to this point and i will continue to pursue this until it is resolved. Justin Mans?eld Customer Care Specialist I Customer Account Management Group SolarCity T: 888.765.2489, option 2 customercare@solarcity.com From: ironweed [mailtozironweed?l@gmailcom] Sent: Friday, October 02, 2015 1:30 PM To: Justin Mans?eld Cc: Michael Wilkins Subject: Billing Nightmare {Quoted text hidden] Justin Mansfield Fri, Oct 2, 2015 at 4:04 PM To: ironweed ?ts ?vs- . 3 . Hey Brenda, +9 :b ?mar-Nob emit Attached is the application that was submitted for the RETC program. Let me know if your husband or Michael remember receiving the rebate. JustinMans?eld Customer Care Specialist I Customer Account Management Group SolarCity lT: 888.765.2489, ail .googlecom/m .. 2?3 11/10/2015 Gmail - Billing Nightmare option 2 customercare@solarcity.com From: ironweed [mailto:ironweed1@gmallcom] Sent: Friday, October 02, 2015 1:30 PM To: Justin Mans?eld Cc: Michael Wilkins Subject: Billing Nightmare Justin, [Quoted text hidden] 3 FINAL RETC Application Packethelleypdf 813K ironweed Fri, Oct 2, 2015 at 4:53 PM To: Justin Mansfield Justin, Thank you for your quick follow up. Keeping my fingers crossed that you will be able to get the issutza I think RETC application was for a Oregon tax credit, not a rebate. The tax credit of $6,000 is good for $1,500/year, and we did not pay enough taxes in Oregon to be able to use the credit in 2014, so we lost that. Idon't see anything in the agreement about a rebate, and we certainly did not receive one. The second part of the agreement signed by Wilkins refers to a purchase price of $46,312.50, yet our transfer agreement refers to a purchase price of $60,345 at the end of the 20-year lease, after paying $19,000+ in lease payments. All quite confusing. I'd like some clarification on this, but after the billing situation is resolved. Thank you. Brenda Kelley [Quoted text hidden] :l/m ail .google.com/m . . 3/3 .10" L893 LL00 H3816 I 80 as Guineas-um museum AON SOLLG 000 EXHIBIT I January 27, 2016 VIA EMAIL ONLY alicia.suarez@doj.state.or.us Alicia Suarez, Enforcement Officer Oregon Department of Justice Civil Enforcement Division 1162 Court Street NE Salem, OR 97301-4400 File No.: FF7290-15 RE: Brenda M. Kelley Dear Ms. Suarez: I write in response to your email on January 13, 2016, providing Ms. Kelley’s rebuttal to SolarCity’s response submitted on December 9, 2015. Ms. Kelley requested you keep her file open until the issue has been corrected. To that end, please see Invoice 981033-00 enclosed herewith. As you will see, we have retroactively adjusted Ms. Kelley’s lease payments to the amount of $81.68 per month starting on July 1, 2014. This reflects the contract amount including a discount for signing up for ACH autopay. A billing representative will reach out to Ms. Kelley, if they have not done so already, in order to set up a payment plan for the amounts past due. I trust this provides both you and Ms. Kelley with sufficient information and documentation in order to close this case. However, should you or Ms. Kelley have any questions or concerns, please do not hesitate to contact me at vtran@solarcity.com. Best regards, Vincent Tran Counsel, Compliance MB NEWER 981033-00 SOLARCETY DEPARTMENT 1/27/2016 13.0. Box 4387 $1,633.60 PORTLAND, OR 97208 00E IAEE 2/1/16 IIEE E0 REMEE T0 Brenda Kelley Solar City 2648 Nordeen Way PO Box 4387 Bend, OR 97701 Portland, OR 97208 ENVOECE NUMBER DESCRIPTION AMOUNT TAX TOTAL 981033?00 Solar Lease Payments (7/1/14 2/28/16) $1,633.60 $0.00 $1,633.60 20 payments $81.68 $1,633.60 PAST DUE PAYMENTS INVOICE DUE DATE AMOUNT DATE CHECK NO. AMOUNT TOTAL PAST DUE: 0.00 TOTAL PAYMENTS: Return This Portion With Your Payment Brenda Kelley 2648 Nordeen Way Bend, OR 97701 -- -- SolarCity Billing at (877)652?8638. NUMBER DUE DATE TAX CHARGE 981033?00 2/1/16 $1,633.60 $0.00 Lease Payments $1,633.60 7/1/14 2/28/16 AMOUNT $1,633.60 Remit Payment To Solar City ELB 981033?00 PO BOX 4387 Portland, OR 97208 1/27/16 CHECK HERE IF YOU HAVE WRITTEN YOUR NEW BILLING ADDRESS ON THE REVERSE SIDE. EXHIBIT JOHN R. KROGER Attorney General MARY H. WILLIAMS Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 934?4400 Fax: (503) 378?8910 TTY: (800) 735-2900 February 24, 2012 NATIONAL SOLAR INC 261011TH AVE SEATTLE, WA 98102 Re: FF 1 5 88~12 DOMELEN, RICHARD VAN DOMELEN We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest of ef?ciency, we prefer that you respond directly to the complainant and email a - copy of your response to our of?ce. Please include the ?le number shown above on the subject line of your email. Alternatively, you may respond to us by regular mail. The response you send regarding this complaint will be part of the public record maintained by the Department of Justice. Preferred Email Address: rebecca.papke@doj .state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your response you hear. nothing further from us, you may consider this matter closed. ?e Becky Papke Enforcement Of?cer Enclosure Mailing Address: 1162 Court St. NE, Salem, OR 97301-4096 Physical Address: 340 Vista Ave SE, Salem, OR 97302-4546 Consumer Line: (503) 378?4320 (Salem only), 229?5576 (Portland only) or Toll Free 1-877-877-93 92 Hotline Hours: 8:30 am. to 4:30 pm, FAX (503) 378?8910, TTY: (800) 735-2900 Website: John R. Kroger a @533 Attorney General rgga 5 oil ree Area (877) OREGON DEPARTMENT OF JUSTICE CONSUMER COMPLAINT FORM CIVIL Please Note the Following: - Under Oregon Law, the Attorney General cannot act as your private attorney or give you legal advice. Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this complaint does not change those deadlines or guarantee the results you want. You may wish to contact a private attorney. 1. Please use dark ink. Type or print clearly. 3. Keep your original papers. 2. Return this form with copies of important papers. 4. Attach any additional explanation. WM: hccr?gd 1,12%? 6? [if I I (rm/v: i/w ?oMgLeN? First Name Middle Initial Last Name lg 5763? {Me 01?. Mailing Address '73: waif 05am? Cir/W City state {95 jgf? . ?5 33"? $5730 .50; 1?76.? 31% t? 45-30! if, Day Phone Evening Phone Cell phone number Email address 5 563.1, (L Name of Business or person about which you are complaining (gag/aw ?9 ?yg?rug Ea?j/ 249m "ll'w? A?irc E. . Mailing/Street Address - 5ae7?7?? e3. Wes}; MM City State Zip Phone Date of Transaction(s): 5 1?7 How much money, if any, do you believe you lost? 0?53 Whom have you contacted regarding your complaint? What type of sale was this trangaction? $72, . - . -. . IEAttorneyEri?i?/ Mega-,9! psi??81?? El Door to Door El Seminar Other {jaw/'18 El Business - El Telephone El Mailer El Mail Order Other 91.57}? 1.5T 7:2sz as? Fair/Tent Sale El Retail El Internet I am not requesting action on this complaint. Would you like info on Veteran's Bene?tS? EYES UNO If you would like to receive SCAM ALERTS, print your email address: DETAILS OF COMPLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here: .J .. . By my signature below, I understand a) this complaint will become part of DOJ's permanent records and is subject to Oregon's Public Records Law; b) this complaint may be released to the business or person about whom I am complaining; c) this complaint may be referred to another governmental agency. By my signature below I authorize any to the DOJ any information and documentation relative to this complaint. Date Signature 1?31?2ng Qiipf?f gy/?i 73 To Whom It May Concern: In March of 201 1, the Wife and I went to a Home and Garden Show at the Tillamook County Fairgrounds. As we were walking through we encountered a Solar Energy Exhibit. We got to talking with the young Lad on solar Energy. He got to telling us of the Energy Trust Rebates we could receive by Investing in Solar Energy. He was Representing National Solar, Inc. He set up an appointment to have their Representative cometo us. His name was Toni Clarke, representing hirnselfas their General Manager. The appointment was for April 7, 2011. He started out telling us if we were really interested in Solar Power, how we receive a great Rebate ?om the IRS and The State, but we had to have it installed on 'or before January! 2012. The Rebate depended on how much we installed. We came to an agreement with a total price of $28257.30 for Sixteen panels, with a $300.00 deposit. To our understanding at the end of 2011 we were to receive ??om the Energy Trust Rebate fund the amount of $8593.00 and the amount of $1500.00 per year for Four years from. the State of Oregon . The total Rebates we would receive came to 151459300, leaving us a balance of $13368.90 to ?nance. On April 11, 2011, John Harley came out to review the Photovoltan Solar Resource Estimate. He came up with a 91% resource fractian. John Sparks installed the Solar System. Brandon Krueger did the Electrical work. The System was approved and completed on June 7, 2011. It wasn?t until February 1, 2012, when ?lling out Tax Forms that this was not a Rebate but a Non-Refundable Tax Credit. We have made several calls to Tom Clarke, Who sold us the Solar System, at 1?800?808-1955. We have yet to receive areturn call".We called John Harley at 503?914-6667 and have got no response. Then we called the installer John Sparks at 503- 510-1571. He returned our call. He stated he remembered installing our system and at the time talking of the Rebates we were to get. He also stated that he has had a number of Calls about the Tax Rebate. The Wife and I are elderswere not guaranteed by Tom Clarke of getting the Rebates, we would never have bought the System. A person who would owe any Taxes would not be looking for a Tax Credit. Rebate: To give back part of an amount paid) To make a deduction from a bill )are turn of the amount paid as for goods Credit: A deduction ?'om a debt, give credit for At our age we would never have gone in debt 28,000 . We have papers to back up what I have stated . We also have other witnesses to the fact. In my opinion this was nothing but PURE FRUAD. my =th UNFAIR TRADE PRACTICES WHAT DOES THE LAW The Consumer Protection Act says that a business must not engage in any conduct that misleads or deceives consumers. The Act also speci?cally prohibits a number of claims or trading practices which are relevant for all businesses and professionals. false representations that goods are of a particular kind, standard, quality, grade, quantity, composition, style or model, or have had a particular history or particular previous use; false representations that goods are new, or that they are reconditioned, or that they were manufactured, produced, processed or reconditioned at a particular time; false representations that goods or services have any Sponsorship, approval, endorsement performance characteristics, accessories, use or bene?ts; false representations that a person has any sponsorship approval, endorsement or affiliation; false or misleading representations about the price of goods or services; false or misleading representation about the eidstence, exclusion or effect of any condition, warranty, guarantee, right to remedy; false or misleading representation about the place of origin of goods; the offering of gifts or prizes when there is no intention to provide them or when they are not provided as offered; bait advertising: the offering of vehicles or services related to them, at a specific price without intending to supply them. Whether or not a business intends to mislead a? customer is an irrelevant consideration under the Consumer Protection Act. The fact that the behaviour was misleading is what matters. It is also not necessary to show that any particular person was in fact deceived, only that an average customer could have been. The information contained in this document does not constitute legal advice and is provided for guidance purposes only CPWMIFZOOS AMA A AAEA A. F69 . A A - ?in A??mam MA A . Egan" ?Fr? MwnmHam License OR CCB I86224 5y Trade Atty of 4? E/j Ene of Oregon 55?!an WITH US Oregon Address: PO. Box 7926, Salem, OR 97303 Washington Address: 2610 I Itn Avenue East. Seattle, WA 9ST 02 Phone: 800-8084 955 Fax: i?206-829?8476 Improvement Agreement the owner[s) of the premises mentioned below hereby contract with and authorize you as Conttactor. to furnish necessary materiais, labor and workmanship to instati and place the improvement according to the following specifications. terms and conditions on premises below: - {Neg r; R. i R. i R33. Owners Name: ,xR-?s .- i - Home Phone: .. Ceii/OtnerView E. eR . Pi. ?x i Site Address; ,ng E: E-RE- A 5 State: Zip' . . at 9 "u NATIONAL SOLAR WILL ALI: MATERIALS AND LABOR NECESSARY TO COMPLETE THE FOLLOWING: SYSTEM DESCRIPTION ITEM MANUFACTURER QUANTITY WATT PER PANEL TOTAL CAPACITY PANELS E: INVERTERS OTHER WORK: Erww if 2 AA . .. I Schedule Site Survey .. 'gR Obtain Permits a. W. Custom Design System Account Provide Federal and State Tax Forms Install System Schedule All Inspections 2?Year Paris and Labor Warranty Total Price: 25?Year Manufacturer?s Panel Warranty Upfront Incentive: I 0-Year Maniffgrer Inverter Warranty Contract Price: Representative: 5E Rim; Er . Deposit: Unpaid Balance: Manager?s Approval: Due Upon Installation: ALL CHECKS PAYABLE TO NATIONAL SOLAR The above prices. specifications. and conditions are Terms: satisfactory and hereby accepted. You are authorized to do work as. specn?ied Payment will be made as outlined. Deposit :3 AA a cc :Date Type: Exp. Date: Code: Name on Card: -- CC Signature X: Signature: I .- Signature: A 3.?1 . it NATIONAL SOLAR warrants all materials furnished and incorporated In the Work shall be of good quality. free from faults detects and improper workmans. lip and' In strict conformance with the requirements of this Contract fora .ioa of two tron? the canopies-on of the Work he reunaer. Such manufacturers warranties as are available on equipment furnished and Installed hereunder shall be transferred to OWNER on compietion of the Work, and OWNER shall be responsible for compliance with the terms of such warranties in order to make it effective. NATIONAL SOLAR shall at its own expense, upon the demand of OWNER immediateiy remedy any defects In its workmanship. THE FOREGOING is THE SUM TOTAL OF ALL WARRANTIES TO BE PROVIDED BY NATIONAL SOIAR HEREUNDER. AND IS ACKNOMEDGED AS SUCH BY OWNER. G?er of a We. Mani? caresses: Administg?ve Rules Section 81. 2-131 24!! 10-14.: Owner acknowledges that Contractor has offered a warranty against defects in matertais and workmanship. Owner may accept or refuse the [fit of a warranty by Cantractor. if Owner refuses the warranty offered, Contractor is under no obligation to complete the Project. "Hirer reiects the warzanty against defects in materials Owner accepts the warranty against defects in materials u: so workmanship offered by Contractor. and workmanship offered by Contractor INITIALS: I I You may cancel this contract within three business days. Additionai terms a?e?ck? ADDITIONAL TERMS AND CONDITONS If you cancel this Contract at any time subsequent. tomidnight. of the third business day after the date of the Contract and prior to installation, it will be difficult to ascertain or compute the damage which may result from your default; therefore, in the Interest of certainty and conflict avoidance, customer agrees to pay 30% of the totar, purchase price as liquidated damages. NATIONAL SOLAR reserves the right to cancel this Contract at any time within thirty [30] days of the date of Contract. it we cancel, an authorized agent of the Seller will notify you in writing. If we cancel, we will return any deposits you have made within ten business days. Change Orders OWNER may, without invalidating the Contract, order extra work or make changes by altering, adding to, or deducting from the Work, the Contract Sum to be equitably adjusted accordingly. All such extra or different work shall be in writing executed by Owner and NATIONAL SOLAR. Delinquent Payments Any overdue payment shall accrue interest for the benefit of NATIONAL SOLAR from the due date until the actual payment at the lesser of T2 percent per annum or the maximum allowed by law. Force Maieure Any and all damages, claims, delays or impacts to NATIONAL work hereunder caused by any means beyond the immediate control of NATIONAL SOLAR, including but not limited to, labor disruption or strikes, transportation failures, inclement or adverse weather conditions, acts of war, acts of God, or local, regional or national emergency, are agreed by OWNER to excuse NATIONAL SOLAR from any delay or impact to performance hereunder and that such occurrence shall not be grounds for OWNER to recover any claim, damage, impact or delay costs from NATIONAL SOLAR. Utility Interaction as. NATTONAL SOLAR, upon OWNER request, and at its option, may provide assistance to OWNER with the preparation, ?ling and follow?up of applications and/or requests made by OWNER to a utility or governmental entity with respect to grants or rebates that may be available to OWNER as a result of the equipment being provided hereunder. NATIONAL SOLAR makes no representation to OWNER of any kind with respect to the availability at any such rebate or grant and DISCLAIMS ANY WARRANTY with regard to ultimate ability to receive any such rebate or grant. All information to be provided in efforts to receive any consideration from a utility or governmental agency shall be provided by OWNER, who is solely responsible for its accuracy, and who specifically holds NATIONAL SOLAR harmless for any and all to receive any energy?based consideration, credit, rebate or grant arising from or relating to the work contemplated hereunder. Disputes Should either party file a court action to resolve a dispute arising from or related to this Contract, OWNER and SOLAR agree that such dispute will be brought in a court of competent Jurisdiction in Muitnomah County, Oregon, and that by signature below, each party agrees to the Jurisdiction of that court. In any such court action the prevailing party shall be entitled to an award of its reasonable costs and attorney?s fees. Mutual Waiver of Conseguential Damages NATIONAL SOLAR and OWNER waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: or. damages incurred by OWNER for losses of use, income, profit, financing, business and/or reputation; and b. damages incurred by NATIONAL SOLAR for principal office expenses including the compensation Cf?: personnel stationed there, for losses of financing, business and reputation, and for loss of profit excep anticipated profit arising directiy from the Work hereunder. QANPE 1A1gg1xypr~y YOU MAY CANCEL THIS TRANSACTION WTTHOUT OR OBL a! i?xi TH BHSINESS DANS FRONT THE ABOVE DATE. IF YOU CANCEL ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (T 0] BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. TO CANCEL THIS TRANSACTION MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTIPW OR ANY OTHER WRITTEN NOTICE TO NATIONAL SOLAR AT 26I I ITH AVENUE EAST SEATTLE WA 98102 NOT LATER TH MIDNIGHT OF THE 3RD BUSINESS DAY AFTER THIS TRANSACTION IS SIGNED CANCELLATION: CUSTOMER SIGNATURE - DATE CERTIFICATE OF COM OF FINAL PAYMENT (We) so hereby certify that all work, equipment, and materials illustrated by the Improvement Agreement and any addendums between myself (ourselves) and National Solar USA, Inc., have been completed on the date specified below. I (We) have inspected all work done and ?nd it, along with the cleanup, to be completed and done to satisfy the scope as laid out by the improvement Agreement. I (We) agree to the amount set forth on the contract and/or addendum on the line labeled "Contract Price" and concur that it is the total and complete contract price to be paid to National Solar USA, Inc. (We) agree that the actual complete system cost is the amount on the line labeled ?System Price." X-iltl- .x . 3/ air; "w l? all if Customer Customer Date . {ill "a sea.-- in it i; AMOUNT paras 5., i i. . . 'i (Initial by National Solar Representative) . age W, tart,? . I METHOD email} ,1;pr Check Financed Credit Card #1 Credit Card Type: Exp: Code: Name as it appears on Card: Cardholder?s Signature: CONTRACT PRICING MATERIALS INSTALLED: r: f} at? Ma inverter: far" r" if ":53 lit: System Price: 55%: Ll a a a, W, Panel Manufacturerz' It'll} 5:1" 43:: is. ?553 {if 35} i? Upfront incentives: less Contract Price: =5 if}; as? I hereby certify that National Solar USA, inc, has delivered the materials and that the installation thereof was completed by National Solar USA, inc., in a workmanlike manner. This certificate was signed by the customer(s) after the completion of the installation and all debts for labor, material, license fees, permits, inspection fees, and other bills pertaining to the customer(s)? contract have been paid in full. There will be no mechanics, materials, or other liens on the customer(s)' property as a result of said installation. hereby certify that the materials listed above are in fact the materials installed on the job. at?" M?all Natlo?i?lal Solar USA, inc. Date Top-National Solar Yellow?Customer Pink?Tax records . .. .. .. . . Rlchade VanDomelen TILLFIMDOICUR connje van?13011161611 umrsosmres FEgiz?gilz . . Dr - . Tinommk, OR. 97141 mm mm ?mm $0.jam] 0" 7 9?5 1:335? ?53 33?: EXHIBIT Oregon Department of Justice March 30, 2012 Attention: Jodi A Coonrod File Number: FF1588-12 an Filed with National Solar VIA CERTIFIED MAIL 2?13?12 CIVIL ENFORCEMENT DIVISION Filed with Attorney Generals Of?ce 2-13?12 We were informed National Solar received contact from the Attorney Generals Of?ce 2? 20-12 National Solar contacted us by phone 2-23-12. They made appointment with us to meet on 3-1-12 at 2 PM. National Solars Reprehensive, Justin Lancaster, arrived at 3:30 PM 3-1-12. We came to an agreement, copy enclosed. The repesentive was in constant commutations with the Corporate Of?ce the entire time. He stated they didn?t want any bad publicity. We received the ?rst check, #7965, for the amount of $8,953, Dated 3?1 ?12 on 3-5-12. I contacted Justin Lancaster on 3-12?12 asking what was happing on the balance. He stated he would have a company check in the overnight mail for the balance. The time I contacted him was 1:00 PM. We received this check #7981 in the amount of $6,000, dated 3-13-12 on 3-16-12. We Deposited the checks 7965 and 7981 on 3-16-12. The checks cleared in the bank on 3-26-12. Still to this day, 3-2942, We have not received the CERTIFIED MAIL receipt. The above is a complete accountng which took place between Nation Solar and Richard and Connie Van Domelen. In the meantime, We have foimd out that SOLAR panels are still being sold with the idea of REBATES. Abney Ventures, INC. (License 108442) did the same thing with a gentleman by the name of Jack Erickson off Foss Road of Tillamook, Phone #503?368? 4292. Home Depot is advertising Solar Panels Stating Rebates. Tillamook PUD is advertising Ductless Heat Pumps with the same idea of Rebates. What is it going to take to get the DEALERS to admit these are not REBATES but TAX CREDITS and state it as SO. Richard Van Domelen 29/2 (I?m a ?c?bamp/ (491%; 751 ?r ('v?tiif' 7g). 6:,pr ?05 .x 734m waw 299 Adamo]. Gama 3? 3593:? 6% my! he, and 3mg? 266631: 351/0 5% mm away: A {ate-1W7 wVf/?r Jo a" 3i19112 Hotmaii Print Message OregonState Tax Credit max Justin Lancaster Uustin@nationaIsolarusa.com) Wed 3/07/12 9:10 AM cnr1994@live.com Dear Richard and Connie, Thank you for the visit last Thursday. it was a pleasure to sit down and meet with you regarding your experience with our company. i am optimistic that we will have a full resolution of the misunderstandings. i think you should have received a check in the amount of the Federal Tax credit that you expected? With respect to the Oregon State Income Tax Credit, i am sending you a contact at the Oregon Department of Energy. You will need to contact her and request that you now wish for the pass through Option. That will start the?p'rocese Email Angie at the state requesting to switch her application to buy back, Cail me at or email. Best, iustin Lancaster National Solar, inc 206?321?3510 Realm Race Fe {Endorsement ?attered? ?Restricted 53W (Endoreeinje?t 51:97? ??f?g?ge Fees ?tzolo ang? . 1I1 8593.00 6000.00 RAN MEMB 437 4 1 1 F9 SACTION 03?15?12 13:3: .JO ER 6430VA FOR RICHARD VAN DOMELEN .. . -. sf ram. onenrr Unto? DEPOSIT OF 14593.00 FREE CHECKING CP Hm PREV BAL 4917.33 HEW EAL 19510.38 RECEIVED 14593-00 IN 2 CHECKS 3 I _?'e'?aivedi .. I Teller No. 4/13 a mouse or HOLD on?: 0F DEPOSIT: fir-l no.- MEMBER NAME: UM e/Q/rf" TOTAL seasons #4 95.00 How nuounraZ-Vi 73 529 Your funds will be available according to the following schedule: 3493490 3 Will be available on These funds are being held for the following reason: Local Check Hold .. I ., . You have overdrawn you? account repeatedly within the past six months information we have received indicate that this check may not be paid You are redepositlng a check that has already been Isidro-ed NSF . Other: Unless otherwise noted, your funds will be available at the opening of business on ""?date indicated above. if you did not receive notice at the time you made the ,osit, and the check you deposited is paid, we will refund to you any Credit Union fees for overdraits or returned checks that result solely from the additional delay we are imposing. TIONA l. ?viz-?1? WI TH March 12, 2012 Richard and Connie VanDomelen 1980 Skyline Drive _Tillamook, Oregon 97141 Dear Richard and Connie, I am writing to inform you that our ability and intent to purchase you State of Oregon Tax credit is complicated and for a number of reasons we are unable to do so. Most importantly, since I am not a full time resident of the State of Oregon, I am not allowed to purchase your tax credit through the pass through program. National Solar, Inc. has instead prOVided you a check' in the amount of 000 representing the amount of the State of Oregon Tax credit you expected to get as a re?md. In the spirit of goodwill, the plan when we sat down two weeks ago was to have National Solar Inc. provide you with an amount of money equal to the Federal 593 .00) and State 000. 00) tax credits you. were expecting to get this year. Your espectation that these ?Jnds would return to you in the form of a rebate appears earnest despite the fact that they are non?refundable tax credit(s) National Solar, Inc. admits to no wrong doing in the transactiOn and only recognizes an unfortunate misunderstanding of terms. By cashing both check #7965 Tor $8,593.00 and the enclosed check #7981for 000 you beth- agree jointly and severally to fully release National Sclar, Inc., its principals, officers, agents, employees, heirs, successors and assigns of any and all known claims as well as unknown potential or anticipated claims, damages and causes of action. Sincerely, NATIONAL INC. r? Justin Lancaster Business Development Manager Encl. 117 E. Louisa St., Suite 506, Seattle WA 98102 Tel. 206-268-0908 .. ?In. . . . ?tmm NATIONAL SOLAR me 9869 SEATTLE, WA 98103 - '55: PAYTO THE I . 030530;: Richard 8: Connie Van Domelen Richard~8 Connie Van Domelen 1980 Skyline Dr Tillamoqk. OR 97141 ":sfi MEMO . . Settlement Proceeds ff. g1}; 5'37" ?~m00?qazm 5:95999:859?? i535 EDS aemw us BANK 19-1 on 250 SIGNATURE 1.7981 03/13/2012 ?6.06030 DOLLARS i 1:089 uo 8119190 papmau: samwaa ?111an 5 1'17 LOUISA ST ST.E 506 SEATTLE 98102 Richard 8: Connie Van Domelen I.- 77'" .- 1-12: PAYTES THE ORDER OF 1980 Skyline or Tillam'iook, OR 97141 MEMO . ?'00 7'11}; 511' 35"?330 1:0 Eight thousand ?ve hundred ninety-three and 0011 Richard 8: Connie Van DomeTen L535 US BANK 1 9-1 0? 250 AUTHORIZED SIGNATURE 7865 03/012012 593 00 1333 no sumac Q3 PBPHIWI 9910le Aliases Why upgrade to a Ductless Heat Pump? Save Energy Money You could save 25% to 50% on the heating portion of your bill, depending on the characteristics of your home. A More Comfortable Home An ultra quiet fan evenly circulates air throughout the area eliminating hot and cold spots. Easy installation Installation is quick and simple, with little or no disruption to your home. How do i know if I qualify for rebates? . If your primary heat source ls electric baseboard or wall heaters, you may be eligible for a rebate from Tillamook PUD. Contact our energy services experts for more information. 1115 Pacific Avenue - PO Box 433 Tillamook, Oregon 97141 503.842.2535 - 800.422.2535 An initiative of the Northwest Energy Ef?ciency Alliance, an alliance of NW utilities and energy efficiency partners energy every mo .Ii-When you install a new, ductless system '0 Save energy and i ney ea month .. .. Have a more comfortable ho - Quick and easy .to. install".- backtor additional details) Get up to a $2000 rebate from Tillamook Must be installed by a PUD approved contractor. - Contact us to learn morei 503.842.2535 0 800.422.2535 x' 355: ?we ?69f? 97 33;? :355 mun. ?be549? aft-3 .9th D- VanDomelen me E. VanDomelen i? :11 at. Tillomook, 97141 L, EXHIBIT NIARY H. WILLIAMS Deputy Attorney Genera} JOHN R. KROGER Attorney General 5 g. DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION 1162 Court Street NE Salem, OR 97301-4096 Telephone: (503) 934-4400 Fax: (503) 378-3910 TTY: (800) 735-2900 April 30, 2010 NATIONAL SOLAR PO BOX 7926 SALEM, OR 97303 Re: GORDON KRIBS We have received the enclosed consumer complaint about your business. We understand that there are often two sides to a problem, and we would appreciate your prompt review of this matter. We do not represent the complainant. We do, however, review all complaints to determine whether grounds exist to warrant action by us. Your response to the allegations in the complaint would help us to make that determination. In the interest of ef?ciency, we prefer that you respond directly to the complainant and email a copy of your response to our of?ce. Please include the ?le number shown above on the subject line of your email. Alternatively, you may respond to us by regular mail. The response you send regarding this complaint will be part of the public record maintained by the Department of Justice. Preferred Email Address: rebecca.papke@doj.state.or.us We would appreciate receiving your response within ?fteen (15) days of receipt of this letter. Please feel free to attach any documents which you think are relevant in explaining your position. If after your response you hear nothing further from us, you may consider this matter closed. Becky Papke Enforcement Of?cer Enclosure Mailing Address: 1162 Court St. NE, Salem, OR 97301-4096 Physicai Address: 340 Vista Ave SE, Salem, OR 973024546 Consumer Line: (503) 378-4320 (Salem only), 229-5576 (Portland oniy) or Toli Free 1-877-877-9392 Hotline Hours: 8:30 am. to 4:30 11111., FAX (503) 378-8910, TTY: (800) 735-2900 Website: Portland Area (503) 229-5576 Salem Area (503) 378?4320 Toll Free Area (877) 877-9392 OREGON DEPARTMENT OF CONSUMER COMPLAINT FORM 555555 :1 John R. Kroger Attorney General CIVIL ENFORCEMENT DIVISION Under Oregon Law, the Attorney General cannot act as your private attorney or give you legal advice. Deadlines may prevent you from starting a lawsuit if you wait too long. Filing this complaint does not change those deadlines or guarantee the results you want. You may wish to contact a private attorney. 1. Please use dark ink. Type or print clearly. 3. Keep your original papers. 2. Return this form with copies of important papers. 4. Attach any additional explanation. Gordon - Kribs First Name Last Name 5 it at 15085 S.W.Dawn Gt gg?a if 3 Q: Mailing Address Tigard Oregon 97224 City State Zip 503-742-1171 5091-6209471 503-348-6700 gkribs@yahoo.com Day Phone Evening Phone cell phone number e-mail address National Solar OR 003 186224 Name of Business or person about which you are complaining P.O. Box 7926 Mailing/Street Address Salem Oregon 97303 City State Zip 800~808~1955 fax 206-829-8476 Phone Date of Transaction(s): 13/25/2010 How much money, if any, do you believe you lost? '7?5?7?r?5 Whom have you contacted concerning your complaint? Ml Attorney Business Nali0nal Solar Other No Action requested. I just wanted you to know of a questionable practice. What type of sale was this transaction? Door~to~Door Telephone Fair/Tent Sale e/ Mail Order Seminar Mailer Internet Other . DETAILS OF COMPLAINT (attach additional pages if necessary) If your complaint is about a cell phone account, please list the cell phone number here. National Solar salesperson(s) came to our house after we signed up for a visit during the Oregon Energy Expo. We ultimately signed up for Solar Panel installation in approximately 8 - 10 weeks. we were told Nothing happens until the check' is signed and forwarded to us" and 2. We understood that no interest would accrue until the installation was completed and inspected. We signed up on March 25 and applied to their suggested lending ?rm for funds to complete this job. lean papers on April 7th stating that interest would begin accruing upon the signing of the ?rst check. I immediately called the sales person and told them that we would not sign these loan papers and to cancel this project. Several days later. I received a call from the National Solar office manager Tom Tlarck, saying. ?it didnt matter if I thought they cancel this contract. 1 would have to pay $7500 cancellation fee to do so. The interest question is between the lender and myself and none of their concern. Please be advised that this complaint will become part of our permanent records. Consumer complaints may be released to the business or person about whom you are complaining, members of the public or other agencies attempting to establish ongoing patterns or practices which violate Oregon?s Unlawful Trade Practices Act. This form is also subject to Oregon 5 Public Records Law and may be disclosed to persons who request to review its ?ee- sea/a. Yorr?S?i?gr??ne bate no "19 iJliOZ) 29H domes Jetunsuogfpneug eansnf JO quawuedaq uobeso HHGA - \fz. Trade Ally of 7h of Oregon "threw NA TIONAL SHINE TH US Oregon Address: RO. Box 7926, Salem, OR 97303 Washington Address: 2610 i Avenue East, Seattle, WA 98102 Phone: 800-808-1955 Fax: 1?206?829-8476 Improvement Agreement License OR CCB 186224 the owner[s] of the premises mentioned below, hereby contract with, and authorize you, as Contractor, to furnish all necessary materials, labor and workmanship, to install and place the improvement according to the following specifications, terms and conditions on premises below. Owner?s Name: Home Phone: Cell/Other: 5 e3; 5LT 8 we Coseao?tu?ii Site Address: City: State: ZipMOQS go} Lore-wet Ct?. 52rd,. sneer - Mailing Address: City: State: Zip: its-we?: ITEM MANUFACTURER QUANTITY WATT PER PANEL TOTAL CAPACITY . 31 3 .. WATTS PANELS 5,3. L0 or .5220 DC INVERTERS- - .13.: OTHER WORK. a 59} {~53 .I. OWner rejeCts the warranty against defects In materials Emdii Address: {sir Air 5e 93? Lint?i grit) .mmer Contact Info: NATIONAL SOLAR FURNISH ALL MATERIALS AND LABOR NECESSARY TO COMPLETE THE FOLLOWING: SYSTEM DESCRIPTION ?r Schedule Site?Surve'y? ?j {Custom DeSig'n System .. Complete All Incentive Papeerrk Provide Federal and State Tax Forms Instaii System Utility Company: Piss-E Account.#: ?47-?11 i? Estimated Incentive Amount: 5 f3? it}. 3 5 E: R. ??13 Scheduie All inspections . .r . LaborWarranty. Total Price: :25 . (will . ManufacturerfsPanel Warranty Upfront Incentive: 5 .4: 55 g: ., iO?Year Warranty Contract Price: ,r Representative: Deposit: A (It Unpaid Balance: 5 m1- S33. r? 2?3 Manager's Approval: 5 Due Upon installation: ms. rgr, ALL CHECKS PAYABLE TO NATIONAL SOLAR .. The above prices, specifications, and conditions are Terms: satisfactory and hereby accepted. You are authorized to do work as specified. Payment will be made as outlined. Deposit: El Check - A, .4 ..-.. E3 CC Date. ?31 20 i a, Type: Exp. Date: CodeName on Card: Si nature: ?we; . .135: -- rt o/ CC Signature X: Signature: wt, ?21ij Egg; I I, Warranty NATIONAL SOLAR warrants all materials tarnished and incorporated in the Work shall be Of good quality, free from faults, defects and improper workmanship and In strict conformance with the requirements Of this Contract for a period of two years from the completion of the Work hereunder. Such manufacturers? warranties as are availabie on equipment furnished and installed hereunder shall be transferred to OWNER on comptetion Of the work. and OWNER shaii be responsible for compliance with the terms Of such warranties In order to make it effective. SOLAR shall, at its own expense, upon the demand Of OWNER, immediately remedy any defects In its workmanship. THE FOREGOING IS THE SUM TOTAL OF ALL WARRANTIES TO BE PROVIDED BY NAUONAL SOLAR HEREUNDER, AND iS ACKNOWLEDGED AS SUCH BY OWNER. - Owner acknowiedges that Contractor has offered a warranty against defects In materials and workmanship. Owner may accept or refuse the Offer of a warranty by Contractor. If Owner refuses the warranty offered, Contractor is under no Obligation to complete the Protect. Owher accepts-the warranty against defects in matertats and Worknian?ship offered by Contractor. and workn'Tanship a?ered'bybonnactor. 3 INITIALS: X's ?f?idytw You may cancel this contract within three business days. Addtiionat terms onbaclgf'f ADDITIONAL TERMS AND CONDITONS If you cancel this Contract at any time subsequent to midnight of the third business day after the date of the Contract and prior to installation, it wlil be difficult to ascertain or compute the damage which may result from your default: therefore, in the interest of certainty and conflict avoidance, customer agrees to pay 30% of the total purchase price as liquidated damages. NATIONAL SOLAR, reserves the right to cancel this Contract at any time within thirty {30) days of the date of Contract. If we cancel, an authorized agent of the Seller notify you in writing. If we cancel, we will return any deposits you have made within ten {1 0) business days. Change Orders OWNER may, without invalidating the Contract, order extra work or make changes by aitering, adding to, or deducting from the Work, the Contract Sum to be equitably adjusted accordingly. All such extra or different work shall be in writing executed by Owner and NATIONAL-SOLAR. Delin uent Pa ments Any overdue payment shall accrue interest tor the benefit of NATIONAL SOLAR from the due date until the actual payment at the lesser of 12 percent per annum or the maximum allowed bylaw. Force Maieure Any and oil damages, Claims, delays or impacts to NATIONAL work hereunder caused by any means beyond the immediate controi of NATIONAL SOLAR, including but not limited to, labor disruption or strikes, transportation failures, inclement or adverse weather conditions, acts of war, acts of God, or local, regional or national emergency. are agreed by OWNER to excuse NATIONAL SOLAR from any delay or impact to performance hereunder and that such occurrence shall not be grounds for OWNER to recover any Claim, damage, impact or delay costs from NATIONAL SOLAR. Utili Interaction NATIONAL SOLAR, upon OWNER request, and at its option, may provide assistance to OWNER with the preparation, and follow-up of applications and/or requests made by OWNER to a utility or governmental entity with respect to grants or rebates that may be available to OWNER as a result of the equipment being provided hereunder. NATIONAL SOLAR makes no representation to OWNER of any kind with respect to the availability of any such rebate or grant and DISCLAIMS ANY WARRANTY with regard to ultimate ability to receive any such rebate or grant. All information to be provided In efforts to receive any consideration from a utility or governmental I agency shall be provided by OWNER, who is soteiy responsible for its accuracy, and who specifically holds NATIONAL . rebate- or grant arising from or'relating to the work cante'mpioted hereunder. Disputes I Should either party file a court action to resoive'a dispute arising from or related to this Contract, OWNER and NATIONAL SOLAR agree that such dispute will be brought in a court of competent Jurisdiction in Multnomah County, Oregon, and that by signature below, each party agrees to the Jurisdiction of that court. In any such court action the prevailing party shall be entitied to an award of its reasonable costs and attorney?s fees. Mutual Waiver of Conse uential Dama es NATIONAL SOLAR and OWNER waive claims against each other for consequentiai damages arising out of or relating to this Contract. This mutual waiver includes: a. damages incurred by OWNER for losses of use, income, profit, financing, business and/or reputation; and b. damages incurred by NATIONAL SOLAR for principal office expenses Including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work hereunder. i I CANCELLATION POLICY YOU MAY CANCEL THIS TRANSACTION WITHOUT PENALTY OR OBLIGATION WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN 0] BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. i . .. - . TOCANCEL THIS TRANSACTION, MAIL on DELIVER A SIGNED AND DATED COPY or Ms CANCELLATION NOTICE ANY OTHER WRITTEN NOTICE TO NATIONAL SOLAR AT- 261 0' "i .1 TH AVENUE SEATTLE, WA 98102, NOT LATER MIDNIGHT OF THE 3RD BUSINESS DAY AFTER THIS TRANSACTION IS SIGNED. CANCELLATION: CUSTOMER SIGNATURE DATE Gordy Linda Kribs 15085 SW. Dawn?omg; Tigard, Oregon 97224 BEE 23 33mm $13. warm ?mm ?gw?g dwdfia/W? 16%; a. EXHIBIT From: Sent: To: Subject: gordon kribs Monday, May 17, 2010 4:18 PM Papke Becky Re: FF3716-10 complaint about National Solar What we mistakenly understood was that "" NOTHING "" happened until we accepted the financing they offered. The sticking point was that the finance package did NOT arrive until after the 3 day decline window customers are allow. We voiced our disagreement with the package and were told very clearly that our beef was with the lending institution not National solar. Even though, the lending institution was the one National Solar set up, they had no control over the process.. And furthermore, we owned the panels and by God, National solar was delivering on this contract. OR, if we chose to, we could send them 30% of the purchase price of $21,000 to cancel. It is our belief that National Solar still refuses to accept that their salesmen mis- represented the program and is simply putting their spin on the situation. Bottom line, we ultimately agreed to have the panels installed because we do not have $7,000 to throw away however we still believe that this program was completely mis-represented to us by their salesmen. We signed the contract and to fight this situation would ultimately cost us far more than the cancellation charge would be however we wanted to bring this situation to your attention. Thank you for being there, Gordy & Linda Kribs From: Papke Becky To: gkribs@yahoo.com Sent: Mon, May 17, 2010 8:40:26 AM Subject: FF3716-10 complaint about National Solar Note: Forwarded message is attached. <> We are e-mailing a reply we received from National Solar; please advise of discrepancies. *****CONFIDENTIALITY NOTICE***** This e-mail may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. If you are not the addressee or it appears from the context or otherwise that you have received this e-mail in error, please advise me immediately by reply e-mail, keep the contents confidential, and immediately delete the message and any attachments from your system. ************************************ 1 EXHIBIT MR. MRS. PETER MAWDSLEY Wig gr 5 mg 1861 KILKENNY DR. LAKE OSWEGO. OR, 97034 (503,636_5331 DIVISION Attorney General of Oregon Better Business Bureau Consumer Complaints PO. Box 1000 1162 Court St. NE, 4004 Kruse Way Place, Ste. 375, - Salem, Or. 97301-4095 Lake Oswego, OR 97035-2482 Dear Sir, March 22, 2010 This letter is in regards to the company Solar Tech Energy International, whose representative in Oregon is Jeff Buckingham. We recently received a oustca?rd offering a free dinner and information about reducing utility bills by 1/3r or?mme. We attended the dinner. The majority of? other people attending were in our and alsofrom Lake Oswego. The presentation was excellent but no costs were given. An appointment was scheduled-fer a representative to come to our home in the next 2 days. Jeff Oregon representative for Solar Tech Energy International, came to our home and presented estimated savings of at 20-30% or more on electricity, water and heat. The program started with a cost of around $5,000 but ended at $3,500.- We signed up with installation to be 2 days later. My son looked up the company on the Internet and found letters from . customers who had had these products installed. They indicated poor quality? installation, terrible problems with mold all over the attic and minimal, if any, utility savings. in the paperwork from Solar Tech Energy International many warranties were offered and there was a 3 day right of rescission. We rescinded! .. Our concern is that a select-group of people, senior citizens, whoir?n'ay been a limited income, is being targeted with what appears to be a scam. It seems the? product does not provide savih?gs'but instead causes mold problems. in addition, because of their age, senior citizens may not benefit from any cost savings from the product. - . have? enclosed a copy of the contract and bill along with a statement that the installation qualifies fer income tax credit. I don?t know if this product is as" advertised or will cause problems such as 'mold or whether it will result in any energy savings. We felt we should notify semeone about our experience. ls it a scam? Sincere'y? Sig/92,9 a?oat: Wham/m "5g 73?? wt) SDIGITEK 20 NW 4th Street, Ia. EII'ansIIille IN 47708 (877) 414-42581Fax (812) 649- 4802 PROEOSAUWORK ORDER En?' 503333333 37% Submitted .:To . mil; - proposal Submitted 85" 7/75: AddressCityITDwn AM ?3 State/Zip . H3- 41? ft?) HDme Phone: ?Work?h?ne: I . WA hereby submit specifications and estimate; fun" . .. . GOODS DII SERVICES: PRICE ENERGY PACK46E: - -- COMMERCIAL SHIELD ENERGY SAVING SHOWERHEAD - ENERGY SAVING WATER HEATER JACKET SOLARGUARD SYSTEM (add ons) I Sh?mmum 33933353" 013" 133343343; I. I I I SHED (Circle One) DADDON or an. -- IDDKK IIF APPLICABLE) omen I SALESTAK I 1. (min) I MCHECK MFINANCE iggmump - . .- - .. NUMBER .-. - . cc HUMDKK hauthorize DATE DFINSTALL J17 If} Autharized Signature 3 I: AuthorIdeSIQnature 3/7 133m. {3 171 FAVKAEW - . BALANCE DUE _natlonalto place the energy packageln our . - - .. . I, DFINSTALLM 3> .533 (If) 4M(s IAIK 13/ Z37): ju? (1713? (73,17 1/11} 7?71?) 377777.: Date Date Manufacture?s Rmoery and Reivnestment Act of 2009 Date: December 15, 2009 From: Dan Russell, representative for the manufacturer g: Address: 6200 West Pioneer Parkway, Arlington, Texas 76013 Re: Manufacturer?s Certification Statement for the American Recovery and Reinvestment Act of 2009 Product Type: Insulation The product listed below is certi?ed and quali?ed as an Eligible Building Envelope Component under 25C for the American Recovery and Reinvestment Act of 2009, allowing a credit of 30% of the cost up to $1500 through the IRS, if placed in service from January 1, 2009 through December 31, 2010. SolarTE Shield Under penalties of perjury, I declare thatl have examined this certi?cation statearent, and the best of my knowledge and belief, the facts are true, correct, Mr. 3. Few? Mawds?ey .1. Wkemy Dr. mm @swagaJ?l'g . cal-3 i {n M?g? 333. $3353: $371} Niamey General a? Oregm Consumer Compia?nts 1162 Com: NE, Salem, Or. 97301-4095