The Solar Panel Fraud Trial

On November 15, 2023, a unanimous jury consisting of twelve men and women found that the solar panel company Southern Solar, LLC committed fraud by misrepresenting the benefits of solar panels in connection with a solar panel sale to Jesus Hernandez and his wife Juana Hernandez. Specifically, the jury found that Southern Solar, LLC knowingly committed violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and awarded the Hernandez’s $496,662. The jury assess $196,662 in actual damages, and $300,000 as punitive damages.

The Hernandez’s were represented at trial by Chris Arnell and Marcus Fifer. The trial lasted two days, where the jury heard testimony about how Southern Solar made promises about the benefits of solar panels that never came true. Promises like a $50 electric bill, a $16,000 tax refund, promising a surplus of electricity that could be sold back through a buy back program, and being on an independent electric grid that would make their home impervious to power outages. After years of back and forth communications, excuses, and delays by Southern Solar, the Hernandez’s never received these promised benefits.

At trial, Southern Solar claimed they did not make any of those promises, and that they attempted to work with the Hernandez’s to resolve their underlying performance issues.

Before trial, Southern Solar also sued Mr. Hernandez, claiming defamation. However, the jury found otherwise.

The story of the Hernandez’s is one that caught attention of media outlets, including the Dallas Morning News, Time Magazine, Telemundo, and Jurimatic.