LG Energy Solution Michigan Hit with Class Action Over ‘Dangerous’ RESU Home Solar Batteries
Charlton v. LG Energy Solution Michigan, Inc.
Filed: December 29, 2021 ◆§ 3:21-cv-02142
A class action alleges LG Energy Solution Michigan has refused to compensate Calif. residents who bought supposedly dangerous LG RESU home solar batteries.
California
A proposed class action alleges LG Energy Solution Michigan has refused to take corrective measures and compensate California residents who paid thousands for supposedly dangerous LG RESU home solar batteries.
The eight-page suit claims that although LG has touted the batteries as storage-ready solar inverters capable of producing more energy than a home needs and then storing the excess energy for use after the sun sets, the RESU home solar batteries are, in truth, dangerous, and have been linked to a number of fires and property damage.
The plaintiff, a San Diego resident, alleges the LG RESU home solar batteries are not fit for their stated purpose of “battery arbitrage,” that is, storing energy during the day and then using that stored energy at night or in the event of a power failure. Because of the safety concerns linked to the batteries, “most, if not all,” have been taken out of service, while those still in operation may pose a safety risk, the case relays.
Overall, the lawsuit alleges LG Energy Solution Michigan has run afoul of California’s Consumers Legal Remedies Act by misrepresenting the RESU solar batteries as safe for use and capable of storing energy and using stored energy.
“The California Consumers Legal Remedies Act (‘CLRA’) prohibits a variety of specified unfair or deceptive acts ‘in a transaction intended to result or which results in the sale or lease of goods or services to any consumer,’” the complaint states.
The suit goes on to allege LG Energy Solution Michigan was “willful” in its apparent misconduct, as evidenced by the fact that, according to the complaint, LG has admitted that its batteries are defective and offered to replace some of them yet has not done so for roughly a year, apparently due to an inability to obtain replacement parts. At the same time, the company has sold new, non-defective batteries to new customers, the case says.
“The defendants were aware of the probable dangerous consequences of their conduct and willfully and deliberately failed to avoid those consequences,” the lawsuit alleges.
The proposed class action was initially filed on November 12, 2021 in San Diego County Superior Court before being removed to California’s Southern District Court on December 29.
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