CHARLESTON — A Kanawha County man is suing Design 1 Group alleging it installed solar panels on his home that didn't help his electric bill.
Randy Mullins saw a Facebook ad for a solar panel system in 2020 and requested information and Design 1 contacted him, according to a complaint filed in Kanawha Circuit Court.
Mullins claims Design 1 offered a package in which Mullins would receive $2,000 if he purchased the solar panel system.
"Design 1 also represented that it could arrange financing for a solar panel system should Mullins decide to purchase the same," the complaint states. "Mullins did not qualify for financing for the solar panel system initially designed and proposed by Design 1."
Design 1 then changed the design for the proposed solar panel system to be sold to Mullins, which reduced the total cost of the system in order to meet his financial needs and the total cost was $28,870, according to the suit.
Mullins claims the monthly installment loan was $140.88 and the same-as-cash loan was $153.
After having the system installed and once Mullins received his first full electric bill after the solar panel system was fully operational, he contacted Design 1 because his electric bill had not decreased at all and was advised that there was an issue with Appalachian Power, according to the suit.
Mullins claims Appalachian Power replaced his meter, but that didn't fix any of the issues and Design 1 failed to cure any issues with the solar panel system.
In 2022, Design 1 offered to add four additional panels and change the way the four panels operated but made no effort to cure the defects when Mullins told Design 1 that he could not sign the agreement with the disclaimer it contained, according to the suit.
Mullins claims the defendant violated the West Virginia Consumer Credit and Protection Act.
Mullins is seeking compensatory and punitive damages. He is represented by R. Scott Lang, Stephen E. Hastings and David F. Nelson in Charleston.
In its answer, Design 1 denies it is indebted to the plaintiff in any amount and denies all allegations.
The plaintiff has failed to state a claim for violation of the Consumer Credit and Protection Act and has failed to allege an unlawful act under the Consumer Credit and Protection Act, the answer states.
Design 1 argues that Mullins' claims are barred by the doctrines of waiver and estoppel and that he has failed to mitigate his damages.
Design 1 is seeking Stephen L. Thompson of Barth & Thompson of Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 22-C-657