When and How to Escalate Matters to Legal

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

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 Launch Account Servicing that the customer has obtained legal counsel

      • Send email to clientservices@launchservicing.com with the following information:

        • Attorney Name

        • Law Firm

        • Phone Number

        • Address

        • Email

        • Attach any legal correspondence that was received

    • 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

• 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.

→ BACK TO PROCESS OVERIEW

STEP

ACTION

1

• Create a case under the customer contact record

  • https://goeverbright.atlassian.net/wiki/spaces/SS/pages/3264413720/Creating+and+Assigning+Cases#Creating-a-case

Fill in:

• Customer Request Type

• Case Description

  • Detailed information regarding the case

2

• From the related tab on the case, download and attach any required documents (e.g., customer’s contract, change orders, signed documents, etc.)

3

• Create a case assignment and assign it to Compliance/Legal

  • https://goeverbright.atlassian.net/wiki/spaces/SS/pages/3264413720/Creating+and+Assigning+Cases#Assigning-a-case-to-the-back-office-queue

• Referral Reason (choose one)

  • Attorney Demand

  • Attorney General Complaint Litigation

  • General Legal Questions

  • Conservatorship

• Referral Comments:

  • Legal Escalation: [TYPE (OPTIONS LISTED BELOW)] – [Customer’s Name]/[Customer’s State] – [Name of the Installer] (see naming convention below)

• Select New Legal Form

  • Complete all the required fields.

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.