Q: I want out of my solar contract and a refund.
I'm in New Jersey and I was sold a solar system that was supposed to offset 90% of my utility usage and it barely offsets 35%. I have it in writing where my sells person told the company if my system didn't offset 90% I would decline the system and then the sells person came back to let me know in writing that the system I would be receiving would offset 90% of utility costs. I have been complaining to the Solar Provider for 6 months now and they are telling me my system is performing correctly and there is nothing they can do. I want out of this contract so I can get a system that handles my need.
A: Based on the facts as you recount them you could have a viable cause of action under the New Jersey Consumer Fraud Act, which prohibits merchants from engaging in certain unfair conduct, including false promise, misrepresentation and otherwise deceptive tactics. The Consumer Fraud Act provides for triple the monetary loss of a consumer who prevails in an action against a merchant, as well as payment of your attorneys' fees by the defendant. You should contact a lawyer who practices in the area of consumer law and be prepared to provide the documentation that you refer to in your question.
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