A New York homeowner is suing Sunco Capital, LLC and other associated entities over alleged deceptive practices related to solar panel installations.
In his lawsuit, plaintiff Kevin Fitzgerald claims that the defendants misled him with false promises about the benefits of installing solar panels. He claims he was persuaded to purchase and finance 16 panels based on assurances of low payments, substantial tax incentives, and reduced electricity costs. These promised terms, however, were not reflected in his billing statements. Fitzgerald alleges that the conduct violates federal and state laws, including the Magnuson-Moss Warranty Act and sections 349 and 350 of New York’s General Business Law.
According to the complaint, Fitzgerald initially agreed to a financing plan with Enerbank USA but was later switched to a more expensive system through Enium Capital Group, LLC, without receiving the promised benefits. Despite being told by Sunco Capital representatives that there would be no upfront payments and significant tax credits, Fitzgerald reports higher-than-expected monthly bills.
Fitzgerald seeks actual, treble, and punitive damages, as well as a declaratory judgment, injunctive relief, and attorney’s fees and costs.
The plaintiff is represented by attorney Jason Verhagen of Schlanger Law Group LLP. The case was filed in the United States District Court for the Eastern District of New York under case ID 1:25-cv-03038