A Bergen County judge has ruled that an arbitration provision in a residential solar power contract is not cause to dismiss a proposed class action suit against the company installing the system.
A class action waiver in Princeton-based NRG Energy’s contract with homeowners is void because it lacks consistency and clarity, Judge Robert Wilson of Bergen County Superior Court ruled Friday in Griffoul v. NRG Residential Solar Solutions. And the contract’s binding arbitration provision is void because it fails to specify that signing constitutes a waiver of statutory rights under the Consumer Fraud Act and the Truth in Consumer Contract, Warranty and Notice Act, Wilson said.
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