FAQ

Unless otherwise defined, initial capitalized terms that are used in this FAQ are defined in the Class Action Settlement Agreement and Release (“Settlement”) and the Plan of Allocation, which can be accessed online at www.solarpanelsettlement.com.

1. Why is there a class action regarding the Open Energy 34 watt solar tiles manufactured between 2007 and 2009 (“Solar Tiles”)?

The lawsuit claims that the Solar Tiles are defective, do not generate the expected level of power, and create a potential fire hazard. The class action lawsuit does not involve any claims for personal injury arising out of the “defect” alleged by the Plaintiffs. The Defendants deny all claims alleged in the class action lawsuit. The Court has not determined who is right or whether either side “won.” Instead, both Plaintiffs and Defendants have agreed to settle to avoid the uncertainties, delays, and expenses of continuing the lawsuit.

2. What brand names are included in this Settlement?

The Solar Tiles included in this Settlement were most commonly sold under the brand names SolarSave® or SolarBlend™. They may have been sold under other brand names including (but not limited to) the following:

34W SolarSave™ Tiles OE-34 SolarSave™
34W SolarBlend™ Tiles Open Energy OE34 Solar Tile SolarSave™ OE-34
34W Solar Roofing Tiles Open Energy Roofing Tiles SolarSave™ Roofing Tile
Applied Solar 3ft Roofing Tile Open Energy’s SolarSave™ Roofing Tile SolarSave™ Roofing Tile Slate Grey 34
Applied Solar’s SolarSave™ BIPV Open Energy SolarSave™ Roof Tile OE-34 SolarSave™ ST-34
DC Power SolarSave™ Tiles Open Energy’s SolarSave™ PV Tile  
Eagle Solar Roofs Powered by SolarSave™ Integrated Solutions    
Eagle Solar Roof    
3. Are all Open Energy solar tiles include as part of the Settlement?

No. Only 34 watt solar tiles manufactured between 2007 and 2009. This Settlement does not cover Open Energy 35 watt tiles or Solar Blend 50 watt tiles. These 35 and 50 watt tiles look very similar to the Solar Tiles included in the Settlement, but are different products.

4. How do I determine if I have the Solar Tiles?

The Solar Tiles covered by this Settlement are not traditional rack mounted solar panels, but were specially designed to blend in with the roof and replace traditional roofing tiles. Images of a typical installation are included in Question 3 of the Class Notice. If you don’t know whether you have the correct product, contact the Claims Administrator at 1 (844) 619-9804 to help determine whether you are a member of the Settlement Class.

5. How do I know if I am part of the Settlement?

You are included in the Settlement if you (1) purchased or installed Solar Tiles, (2) purchased a property or other structure on which Solar Tiles were installed at the time of purchase, (3) rented a property on which Solar Tiles were installed, (4) paid to remove and replace a Solar Tile system, or (5) otherwise have a financial interest in the Solar Tiles or the energy generating capacity of the Solar Tiles.

“Property” means any structure, including but not limited to homes, townhouses, condominiums, apartments, multi-unit housing structures, hotels, motels, hospitals, schools, churches or other places of worship, commercial structures, government structures, homes within a homeowners association or other similar entities, other types of buildings (e.g., guest houses, garages, workshops, sheds, hangers), or other structures of any kind, whether commercial or residential (including permanent or temporary residential structures), or any improvement to real property.

The Settlement does not include the Defendants or any entity in which a Defendant owns a controlling interest and their legal representatives, heirs, and successors (except a Defendant or entity that removed or replaced a Solar Tile system may seek reimbursement for certain expenses). The Settlement also does not include the judge or judges to whom this case is assigned and their immediate family members.

6. How do I file a claim under the Settlement?

You must submit a claim form before March 8, 2017. Claim forms are available online at www.solarpanelsetttlement.com or by calling 1 (844) 619-9804.

You may submit your claim form online, by e-mail or U.S. Mail at the following addresses:

By Mail:
Open Energy Solar Tile Settlement
P.O. Box 1272
Lancaster, CA 93584

By Internet: www.SolarPanelSetttlement.com

By E-mail: CSR@solarpanelsettlement.com

7. What can I get from the Settlement?

It depends on your individual circumstances. See Question 10 of the Class Notice.

8. What happens after I file a claim?

If you submit a valid claim form by March 8, 2017, you will receive a distribution from the settlement fund in accordance with the terms of the Settlement Agreement and Plan of Allocation.

9. How long will it take for removal and/or replacements to be completed?

The replacement program will take approximately one year to complete following Settlement approval. Replacements will be scheduled based on the order in which claims are submitted and processed, as well as geographic location (properties in the same area may be scheduled at the same time to save costs).

10. How much will I have to pay to remove and replace my Solar Tiles with a new solar system?

Your Solar Tiles will be removed by an approved contractor and replaced with conventional roofing tiles and a traditional rack mounted solar system (with an equivalent wattage of SolarWorld panels) will be installed at no cost to you. However, you will be required to pre-pay the permit fees and cost of a new inverter, if required (estimated to cost $1,500), subject to possible future reimbursements. If money remains after claims, other payments provided by the settlement, and costs are paid, permit fees and inverter costs will be partially or fully reimbursed from the Settlement Fund (see Question 9 of the Class Notice). However, this reimbursement is not guaranteed.

11. If I choose to get rid of my solar system altogether, how much will I have to pay to remove my Solar Tiles and replace them with conventional roofing tiles?

If you select the De-Install settlement option, your Solar Tiles will be removed by an approved contractor and replaced with a conventional non-solar roof at no cost to you. The contractor will use best efforts to match the existing roofing tiles. You will also be paid $54.25 per Solar Tile removed.

12. Who is the approved contractor for the removal and replacement of Solar Tiles?
13. Can I use my own contractor to remove and replace my Solar Tiles?

Yes. You can choose to have your own contractor remove and/or replace your Solar Tiles, however the Settlement Fund will only reimburse the contractor for the amounts set forth in Section IV.A.7 of the Settlement Agreement (i.e., $108.50 per Solar Tile removed and $0.72 per watt for replacement solar panels up to the equivalent wattage of Solar Tiles).

14. What type of solar panels are being used to replace the Solar Tiles?

The Solar Tiles will be replaced with a traditional rack mounted solar system using 260 watt solar panels manufactured by SolarWorld.

15. Can I choose to keep my existing Solar Tiles and do nothing?

Yes, you can choose to do nothing and receive $60.00 per Solar Tiles. However, Class Counsel strongly recommends that you remove and/or replace your Solar Tiles due to the alleged fire risk. If you choose to keep your Solar Tiles, you will be required to acknowledge this risk as part of the claims process and waive your insurer’s right to seek compensation for any fire damage that results in the future.

16. If I used to have the Solar Tiles installed on my roof and I paid to have them removed and replaced, can I still file a claim?

Yes. If you paid for the replacement yourself, you may be entitled to a cash payment of $132.98 per Solar Tile replaced. If the Solar Tiles were replaced without any charge to you, the replacing party may be entitled to the payment.