Introducing the Energy Consumer Law Group

Consumer Protection for the Clean-Energy Marketplace

Joshua S. Horton and Jeffrey Vivo have formed the Energy Consumer Law Group, PLLC (“ECLG”), a law firm devoted to representing homeowners in disputes arising from residential solar installations, PACE assessments, and the consumer financing that funds them.

The firm’s launch reflects a simple observation: the residential clean-energy market has grown faster than the consumer protections surrounding it. Homeowners across Florida and beyond have signed financing agreements at their kitchen tables, often after an unsolicited door-to-door sales call and discovered months later that the system on the roof does not work, was never permitted, was never inspected, or does not produce anything close to what was promised. The obligation to pay, meanwhile, survives — sometimes as a loan, sometimes as a lien recorded against the home, and sometimes as an assessment collected on the property tax bill.

ECLG exists to represent the homeowner on the other side of that transaction.

The problem the firm was built around

Residential solar and energy-efficiency projects are rarely simple two-party deals. A typical transaction can involve a dealer or installer, a separate sales organization, a lender or financing platform, an administrator, and — in the case of PACE — a local government financing authority. When the installation fails, each participant is positioned to point at the others.

Homeowners are frequently left with:

• A non-operational or un-permitted system, with no clear party accountable for completion;
• A lien or non-ad valor-em assessment recorded against the home before the work was ever verified;
• Monthly obligations calculated on savings and tax credits that never materialized;
• Financing documents signed electronically on a salesperson’s tablet, which the homeowner has never read in full;
• An arbitration clause and a class action waiver buried in the paperwork.
• Sorting out who is responsible — and under which body of law — is the work.

What the firm does

ECLG concentrates its practice on consumer claims arising from energy financing and installation, including:

• Residential solar financing disputes, including claims against third-party lenders and financing platforms
• PACE assessment challenges, including disputes with financing administrators and local financing authorities
• Third-party consumer lending litigation, including claims involving dealer-originated paper
• Door-to-door and in-home sales practices, including cancellation rights under Florida’s Home Solicitation Sale Act
• Unfair and deceptive trade practices claims under Florida’s Deceptive and Unfair Trade Practices Act
• Federal consumer credit claims, including claims under the Truth in Lending Act and Regulation Z
• Holder Rule claims, preserving a consumer’s defenses against the holder of a consumer credit contract
• Consumer arbitration, including AAA and JAMS proceedings

The firm handles matters in Florida state and federal courts and in arbitration, and works with co-counsel in other jurisdictions where appropriate. 

Together, the founders bring 21 years of experience of legal practice to their clients. 

Relationship to The Joshua S. Horton Law Firm, P.A.

The Energy Consumer Law Group, PLLC is a separate law firm. The Joshua S. Horton Law Firm, P.A. continues to operate and to accept matters in its existing practice areas. Mr. Horton practices in both firms; clients are advised in writing which firm is representing them in a given matter, and engagement terms are set out in a written fee agreement.

Contact

Homeowners who believe they have been harmed in a solar, PACE, or home-improvement financing transaction can reach the Energy Consumer Law Group at (202) 991-4878 , at attorneys@energyconsumerlawgroup.org, or through the contact form on the website www.energyconsumerlawgroup.org

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article, or contacting the firm through it, does not create an attorney-client relationship. No attorney-client relationship is formed until a written engagement agreement is signed. Every case is different, and prior results do not guarantee a similar outcome in any other matter. Hiring a lawyer is an important decision that should not be based solely on advertising; before you decide, ask us to send you free written information about our qualifications and experience.

Attorney responsible for content: Joshua S. Horton, Esq. — The Joshua S. Horton Law Firm, P.A., Jupiter, Florida.