State

Solar Scams in Texas: Red Flags and Consumer Rights

Discover the most common solar scams in Texas, how the deregulated energy market is exploited, and what your rights are under the Texas DTPA.

By Maria Gomez · Published

Disclaimer: This article is informational and does not constitute legal advice. If you need assistance, please consult a qualified attorney in Texas.

Overview

Texas is a booming market for solar energy, thanks to its high heat, abundant sunshine, and expansive suburban neighborhoods. Unfortunately, this boom has attracted a wave of unscrupulous contractors and high-pressure salespeople. Solar scams in Texas are rising at an alarming rate, leaving homeowners with shoddy installations, voided roof warranties, and massive loans. This guide explores the unique patterns of solar scams in the Lone Star State, how scammers exploit the deregulated energy market, and what rights Texas homeowners have.

How Scammers Exploit the Texas Market

Texas presents a unique landscape for solar scammers, primarily due to its deregulated electricity market and extreme weather conditions.

The Deregulated Electricity Market Confusion

In much of Texas, consumers can choose their retail electricity provider (REP). Scammers often exploit the complexity of this deregulated market by making false promises about "net metering" or guaranteed buy-back rates. Homeowners allege that salespeople guarantee their new solar panels will completely eliminate their electricity bills, failing to mention that many Texas REPs do not offer true 1:1 net metering, or that the rates can change drastically.

High Heat and Roof Damage

Texas heat is brutal on roofs. Fraudulent solar installers frequently promise that their installation won't damage the roof or void the existing warranty. Public complaints indicate that these companies often use unlicensed subcontractors who drill directly into shingles without proper flashing, leading to severe water damage during storm season.

The Texas Deceptive Trade Practices Act (DTPA)

The primary weapon against solar scams in Texas is the Deceptive Trade Practices-Consumer Protection Act (DTPA). The DTPA is designed to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty.

If a solar company in Texas lies about the efficiency of their panels, misrepresents the terms of the loan, or fails to disclose that a third party will be doing the installation, they may be in violation of the DTPA. A critical feature of the DTPA is that it allows consumers to seek economic damages, and in cases where the deception was committed "knowingly" or "intentionally," the court can award mental anguish damages and up to treble (triple) the economic damages.

PUCT Rules and Contractor Registration

The Public Utility Commission of Texas (PUCT) regulates the state's electricity market. While PUCT doesn't directly regulate solar panel manufacturers, they do oversee the retail electric providers and the rules surrounding distributed renewable generation.

Additionally, unlike plumbers or electricians, Texas does not require a specific state-level "solar installer license," though they must hold an electrical contractor license for the wiring portions. Scammers often take advantage of this by operating without proper municipal permits or electrical licenses, resulting in unsafe systems that fail city inspections.

Texas Attorney General Enforcement

The Texas Attorney General's Office actively investigates widespread deceptive trade practices. When a solar company engages in a massive pattern of scams across the state—such as targeting the elderly or forging signatures on financing agreements—the AG can step in to file lawsuits on behalf of the state, seeking injunctions and restitution for victims.

What To Do Next

  1. Document the Scams Keep copies of your contract, text messages from the salesperson, and your Texas electricity bills showing the actual usage and charges.
  2. File a Complaint Submit a complaint to the Texas Attorney General's Consumer Protection Division and the Better Business Bureau.
  3. Consult a Texas Attorney Reach out to a consumer protection lawyer in Texas who has specific experience litigating solar scam cases under the DTPA.

FAQ

Does Texas have a 3-day cancellation rule for solar?

Yes, under both federal law and the Texas Business and Commerce Code, consumers have three business days to cancel a contract for goods or services signed at their home.

Are my panels covered if a hail storm hits?

Hailstorm damage protection depends on your specific homeowner's insurance policy and the solar contract. Many scammers claim panels are "hail proof," which is a deceptive statement. You should verify coverage directly with your insurance provider.

How do I know if my solar installer is properly licensed in Texas?

You can check the Texas Department of Licensing and Regulation (TDLR) website to verify if the individual performing the electrical work holds a valid Texas Electrical Contractor license.

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