When and How to Escalate Matters to Legal

Handled By: Customer Support Supervisors and Lead Resolution Specialists

Background: There may be instances where a homeowner involves legal parties, or a matter requires escalation to EverBright’s Legal team.

Process Overview

STEP	ACTION
1	Did the customer threaten/allege to file a lawsuit or obtain an attorney? If yes: Advise: We’re happy to discuss this with your attorney if you would like, but I believe we can work through this together if you’ll allow me the opportunity to earn your confidence. Follow appropriate process(es) and Stop If no, go to Step 2 DO NOT request the name of an attorney if the customer has NOT provided a name or contact.
2	Determine if the matter qualifies for escalation to Legal If yes: Advise: EverBright’s Legal team will work directly with the customer’s attorney All communication going forward regarding the customer’s concern must be handled between our Legal team and the customer’s attorney Only if Legal’s contact information is requested, provide LEGAL@GOEVERBRIGHT.COM Send an internal notification to our Legal team Notify Account Servicing that the customer has obtained legal counsel and to cease all customer communication Input a note in the milestone feed within the customer’s job in Engine indicating that Legal has been involved Stop If no, follow appropriate process(es) and Stop

Qualifiers to Escalate to Legal

QUALIFIERS

A lawsuit has been filed.
A customer/customer’s attorney is contacting EverBright to obtain Legal’s information.
The Attorney General of the customer’s state notifies EverBright of a filed complaint.
The potential exposure involves $10,000 in cash payments or the value of products/labor provided.
EverBright receives a UCC Lien Notice.

Note: A customer threatening to hire an attorney, threatening to file a lawsuit, or alleging that they have an attorney are not qualifiers to escalate to Legal. The customer must explicitly state they have performed one of these actions in order to escalate the matter to Legal.

→ BACK TO PROCESS OVERIEW

Sending an Internal Notice to Our Legal Team

STEP

ACTION

1

Notify Legal via the EverBright Legal Jira board:
Click Create

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Project Type: Everbright Legal (LEG)
Summary: Legal Escalation: [TYPE (OPTIONS LISTED BELOW)] – [Customer’s Name]/[Customer’s State] – [Name of the Installer] (See Chart labeled “Naming Convention” Below)
- “TYPE” Selection: ATTORNEY DEMAND, AG (Attorney General) COMPLAINT, LITIGATION, LEGAL QUESTION, ESCALATED CUSTOMER

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Points of Contact: The points of contact should be the Resolution Specialist that opened the ticket and Cassandra Mercado.

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Group Submitting Request: Select ‘Operations/COO’

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Description: Copy and paste the internal notice Legal form into the description and complete all the required fields.
Attachment: Download and attach documents referenced in the internal form (e.g., customer’s contract, change orders, signed documents, etc.)

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Start Date and Due Date: The start date should be the date the ticket is being submitted. The due date should be set to 5 business days from the start date, unless the legal document lists a specific timeframe.

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Legal Request Type: The legal request type should be ‘Complaint Escalation to Legal’.

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Once complete, click the ‘Create’ button to submit the ticket.

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Stop

Internal Notice Legal Form

*Customer Name:	[TEXT]
*State:	[TEXT]
Utility:	[TEXT]
Name of spouse / child / other complainant (If applicable):	[TEXT]
Project Address:	[TEXT]
*Demand (What are they asking for?):	☐ Monetary compensation (other than FULL tax credit amount) in the amount of $____________ ☐ Monetary compensation – full tax credit amount of $____________ ☐ Contract cancellation – keeping the System ☐ Contract cancellation – removing the System ☐ Waiver of balance in the amount of $____________– keeping the System ☐ Waiver of balance in the amount of $____________ – removing the System ☐ Additional panels – Qty: N/A ☐ Battery – Qty: N/A ☐ Removal & reinstallation (re-roofing / roof repair) ☐ Paying third-party contractor invoice ☐ Other:______________________________________________
*Contract Type:	☐ PPA ☐ Lease ☐ RIC 1.0 ☐ RIC 2.0
*Installer Name:	[TEXT]
Contract Price:	[TEXT]
Contract Signed Date:	[TEXT]
Project Type:	[TEXT]
*Project Stage:	[TEXT]
PV Install Date:	☐ [DATE] ☐ N/A
PTO Date:	☐ [DATE] ☐ N/A
Status of Financing:	[TEXT]
Summary (Include discussions or involvement of other third parties, the person that notified us of the complaint, the customer review / company reputation aspect, etc.)*:
Back to Process

Naming Convention

Request Type	Subcategories	Naming Convention	Examples
Legal Escalations	☼ Attorney Demands ☼ Regulatory - Consumer ☼ Litigation ☼ Arbitration ☼ Deceased Customer ☼ Information Request	Legal Escalation: Attorney Demand - Customer Last / Customer State – Installer Name Legal Escalation: AG Complaint No. ##### - Customer Last / Customer State – Installer Name Legal Escalation: Litigation [Complaint/Case] No. ##### - Customer Last / Customer State – Installer Name Legal Escalation: Arbitration [Complaint/Case] No. ##### - Customer Last / Customer State – Installer Name Legal Escalation: Deceased Customer - Customer Last / Customer State – Installer Name Legal Escalation: Subpoena No. ##### - Customer Last / Customer State – Installer Name	Legal Escalation: Attorney Demand - Smith / CA - Infinity Legal Escalation: AG Complaint No. 24-00184 - Smith / TX - Infinity Legal Escalation: Litigation - Case No. 24C0045-202 - Smith / TX - Our World Energy Legal Escalation: Arbitration - AAA Case No. 12345 - Smith / SC - Complete Solar Legal Escalation: Deceased Customer - Smith / GA - ASA Legal Escalation: Subpoena - No. 144490 - Smith / UT - Shield Energy
Customer Releases	☼ Customer satisfaction letters (low remediation value) ☼ General releases (mid-sized)	Customer Release: [RIC/TPO] - Customer Last / Customer State – Installer Name	Customer Release: RIC - Doe / CO - Shield Energy
Document Requests	☼ Requests to draft or create a document ☼ Template prep ☼ Inquiries as to whether a document is needed and/or which document is needed	Document Request: New Agreement Type - Commercial / Short Description Document Request: Revised Agreement Type - Commercial / Short Description Document Request: New Agreement Type - Consumer / Short Description Document Request: Revised Agreement Type - Consumer / Short Description	Document Request: New MISA Addendum - Commercial / Lead Gen Program Document Request: Revised MISA Addendum - Commercial / Direct Pay Document Request: New PPA Addendum - Consumer / Roof Waiver Document Request: Revised PPA - Consumer / ACH Language
Legal Questions	☼ Regulatory questions ☼ Licensing questions ☼ Research requests ☼ Marketing / sales strategy compliance questions ☼ Questions about what we can/cannot do under PPAs/leases/RICs, etc.	Legal Question: Regulatory - [State/All States/Federal] / Short Description Legal Question: Strategy - [State/All States/Federal] / Short Description Legal Question: Interpretation - [Legislation/Contract/Language] / Short Description Legal Question: Business Practice - Short Description	Legal Question: Regulatory - All States & Federal / Contractor Partial Pay Legal Question: Strategy - NV / Compliance with S.B. 293 Legal Question: Interpretation - Legislation / NV S.B. 293 Legal Question: Business Practice - Copies of Cancelled Contracts to Customers
Administrative Requests	☼ Diligence requests ☼ Document pulls ☼ Anything that's mostly administrative in nature	*In progress
Legal Reviews	☼ Requests to review marketing materials (scripts, blogs, claims, website content, proposals, email templates) ☼ Requests to review Installer or employee training materials ☼ Internal policies and procedures ☼ Contract requests to review a counterparty's redlines of first-party paper OR requests to review counterparty's contract ☼ Interconnection Agreements	Legal Review: Marketing - [Landing Page/Blog/Slide Deck/Web Content/Ad Copy/SM Post/Script/Email] / Short Description Legal Review: Training - [Slide Deck/Script/Collateral] / Short Description Legal Review: [Policy/SOP/Process] - Short Description Legal Review: Contract - Contract Type / Counterparty Name Legal Review: Interconnection Agreement (ID#) - Utility Name / State - Installer(s) Legal Review: Audit Response - Agency Name / State	Legal Review: Marketing - Email / Pending PTO Legal Review: Training - Slide Deck / Installer Intro to Solar Legal Review: Policy - Consumer Leasing Act (CLA) Legal Review: Contract - Services Agreement / SFDC, Inc. Legal Review: Interconnection Agreement (IA171756) - Xcel Energy / CO Legal Review: Audit Response - Attorney General Office of Consumer Credit / CO
Litigation	☼ Anything that comes in through service of process ☼ UCC / lien-related matters ☼ Consumer litigation ("Type" is Litigation, "Category" is Consumer) ☼ Commercial lit ☼ L&E ☼ Really any litigation	*See Legal Escalation section.