Sanyo and Panasonic agreed to a class action lawsuit settlement to resolve claims their solar panels can delaminate.
The settlement benefits consumers who purchased and installed Sanyo solar panels (model series HIP-xxxBA2, BA3 and BA5) for residential use or purchased a residential property with these solar panels installed on it.
Solar panels must show visible “delamination” in order to be eligible for payment under the settlement. This includes one or more adjacent sections of circular delamination where each section is 25 mm or greater and was not caused by external damage. Linear or dot delamination is not covered by the settlement.
Sanyo manufactured several models of solar panels for use in residential and business properties. Panasonic purchased Sanyo’s line of solar panels and now distributes these products, according to EcoDirect.
According to plaintiffs in the Sanyo class action lawsuit, the company’s solar panels are defective. Over time, the covered models can allegedly “delaminate,” meaning the laminated parts of the solar panels separate.
The Sanyo and Panasonic solar class action lawsuit contends delamination can cause poor performance in the solar panels — leading to a decrease in power generation. In addition to causing poor performance, solar panel delamination caused “serious and undisputed safety risks,” including the risk of house fires, the plaintiffs claim.
Despite being aware of the issue, Sanyo and Panasonic allegedly failed to correctly apply their limited 20-year power warranty to delaminated solar panels. In fact, according to the plaintiffs, the companies refused to inspect delaminated solar panels in an attempt to deny warranty claims. As a result, consumers had to pay out of pocket to have delaminated solar panels refunded, repaired or replaced after power output fell below the warranty’s threshold, the class action lawsuit contends.
Sanyo and Panasonic haven’t admitted any wrongdoing but agreed to resolve the allegations surrounding their solar panels with a class action lawsuit settlement.
Under the terms of the solar settlement, class members can recover either a cash payment or a replacement for their delaminated solar panels.
Payments from the settlement will be equal to the original purchase price of the solar panels after applying depreciation. Depreciation of solar panel costs will consider the time that has passed and how much, if any, time is left on the panels’ power warranty. For example, if a class member purchased a solar panel for $700 10 years ago, they would receive half of that cost — or $350 — as a settlement payment.
Replacement panels provided by the settlement may be a different size, color, shape, model, manufacturer or power level compared to the original Sanyo solar panels purchased by class members. However, the settlement guarantees that all replacement panels provided will generate the required power level under Sanyo’s 20-year power warranty.
The deadline for exclusion and objection passed on May 28, 2021.
The final approval hearing for the solar settlement took place on July 8, 2021.
In order to receive compensation from the settlement, class members must submit a valid claim form by either Dec. 31, 2029, or 20 years after the original purchase date — whichever is earlier.
The settlement benefits consumers who purchased and installed Sanyo solar panels (model series HIP-xxxBA2, BA3 and BA5) for residential use or purchased a residential property with these solar panels installed on it.
As part of this claim, you are required to provide proof of ownership for each Sanyo solar module for which you are seeking a settlement remedy, in the form of EITHER (A) or (B) below:
A. Evidence of the purchase date, the original purchase price and a copy of the contract for installation of the Sanyo solar module that includes the model number of that module
OR, if you are unable to provide this evidence
B. Photos of the location of the subject Sanyo solar modules (including photos of the full solar panel array on which the subject panels are installed, if they are installed on an array) and the full label affixed to the back of at least one module in that array that belongs to Sanyo solar module model series HIP-xxxBA2, BA3 or BA5, showing the manufacturer name, model number, date of manufacture and the module’s serial number (NOTE: A photo of a label affixed to the backside of a module that does not include all three of these elements does not satisfy these requirements.)
If you cannot supply the original purchase date of the Sanyo solar module, the original purchase date will be treated as exactly three months after the date of manufacture shown on the full back label of the module.
In addition to the above, you must provide at least one photo of the entire Sanyo solar array and one photo of each Sanyo solar module for which you are seeking a settlement remedy. The photographs of individual modules must be of sufficient size and quality to clearly show the full module and any and all alleged delamination, bubbling and/or other damage or claimed defect. The photos must also include either a U.S. quarter coin or a ruler with millimeter markings placed near the alleged delamination for size reference. Photos must be labeled so it is clear which module from the list above is shown in each photo.
If your Sanyo solar modules are no longer installed on an array, you are also required to provide photos showing the location and conditions in which each panel is stored.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Ziccarello v Sanyo Energy (U.S.A.) Corp., Case No. 2:19-CV-16623, in the U.S. District Court for the District of New Jersey
Ziccarello v Sanyo Energy (U.S.A.) Corp. Claims Class Litigation Administration Support Services P.O. Box 1272 Lancaster, California 93584 sanyosolarclaims@4class.com 844-702-2787
David M Birka-White BIRKA-WHITE LAW OFFICES
Charles E. Schaffer LEVIN SEDRAN & BERMAN LLP
John D. Green FARELLA BRAUN & MARTEL LLP
David L. Yohai WEIL GOTSHAL & MANGES LLP
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I am glad that they finally mentioned a safety hazard. It can also cause ground faults. Am I the only one who got a shock from the delaminated panel? There are grounded mounted Sanyo pv systems out there, where people can get shocked.
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