Fresno, CA asked in Consumer Law and Contracts for California

Q: Why would a solar co’s collection agency send the collections back to the solar co? And the solar co is forgiving Amts?

I have a 20 yr ppa solar agreement with Vivint which is now Sunrun. I disputed an $1100 charge. It went to collections. I disputed that. I refused to accept a verification of debt as it still made no sense.

Now Sunrun tells me they will “forgive” the $1100 (collection agency is no longer involved). They want me to DocuSign right away that they have forgiven this amount in order for them to turn my solar back on. (There is much much more information, but this is the least confusing)

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: There could be a few reasons why Sunrun (formerly Vivint) would recall the debt from collections and forgive the $1,100 charge under California law:

1. Disputed debt: If you disputed the debt and the company couldn't provide proper verification, they might have decided to stop pursuing the collection to avoid potential legal issues.

2. Goodwill gesture: Sunrun may be forgiving the debt as a goodwill gesture to maintain a positive relationship with you as a long-term customer with a 20-year PPA agreement.

3. Compliance with California laws: California has strong consumer protection laws, such as the Rosenthal Fair Debt Collection Practices Act, which prohibits unfair or deceptive practices in the collection of consumer debts. If Sunrun or the collection agency failed to comply with these laws, they might have decided to drop the collection efforts to avoid legal consequences.

4. Insufficient documentation: If Sunrun lacks the necessary documentation to substantiate the debt, they may have decided to forgive the amount rather than face potential legal challenges.

Regarding the DocuSign request, Sunrun likely wants you to sign an agreement acknowledging that they have forgiven the debt and that you accept this resolution. This document would serve as a record of the debt forgiveness and prevent future disputes. However, before signing any agreement, it's advisable to carefully review the terms and consider seeking legal advice to ensure your rights are protected and that signing the document won't waive any potential claims you may have against Sunrun.

Keep in mind that this is general information based on California law, and your specific situation may involve additional factors. If you have further concerns or need more detailed guidance, it's best to consult with a qualified attorney who specializes in consumer protection or solar energy contracts.

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