Pro Solar Hawaii the FTC and the CRFA of 2016

 It has been suggested that now that I have received the letter from the Hawaii Regulated Complaints office, I should file a complaint with the FTC about Ryan Thompson dba Pro Solar Hawaii has filed a lawsuit for my online reviews of the horrible service I received from him. I might point out Ryan Thompson, dba Pro Solar Hawaii did not defend himself in any kind of a hearing to the RICO charges; he/just paid the fine. Yet, spends thousands of dollars to sue me for leaving reviews of him. Odd, no?

But, let us not stray off course. In 2016  due to the enormous number of lawsuits in the court systems, congress was forced to pass The Consumer Review Fairness Act (CRFA) This act is to protect people’s ability to share their honest opinions about a business’s products, services, or conduct, in any forum, including social media.

The law, as written, protects most honest consumer assessments, including online reviews, social media posts, upload photos/videos, etc. But, of wonder, it's not just product reviews it covers. It also applies to consumer evaluations of a company’s customer service. Is this not ultimately what this blog is?

Now, that last paragraph is important. Ryan Thompson, dba Pro Solar Hawaii has often said that my posting reviews of the well-proven horrible service I received from him violates our contract. A contract that it appears even RICO says is not a valid contract. See, Ryan Thompson, dba Pro Solar Hawaii says that an arbitration clause prevented me from posting my reviews and issues. I swear that's not an exaggeration.  

On July 5th, 2018, Ryan Thompson dba Pro Solar Hawaii through his attorney, filed in the Circuit Court of the third district in the state and county of Hawaii an amended complaint about "breach of contract." In "Count 1 - Breach Of Contract," paragraph 12 says my posting reviews is a violation of the contract. (see below)

This, as I have been informed, turns out to violate the CRFA. I've visited the FTC website, and I gotta tell ya, it looks clear to me to be a violation! I am no lawyer and have no idea if I understand it correctly. One has to ask:  Now, why would a lawyer admit in a court filing that his client has breached the CRFA? The FTC website is obvious.

"To make sure your company is complying with the Consumer Review Fairness Act:

• Review your form contracts, including online terms and conditions; and
• Remove any provision that restricts people from sharing their honest reviews, penalizes those who do, or claims copyright over peoples’ reviews (even if you’ve never tried to enforce it or have no intention of enforcing it)."

I have not, as of posting, spoken to my attorney about this. I am going to. If this is a violation of the CRFA, it is my duty as an American to inform the FTC of this intimidation. I've really got nothing to lose. I have the evidence of the violation in a paper filed in the court by Ryan Thompson, dba Pro Solar Hawaii legal representative.

At this point, I have no reason not to file with the FTC about this. I could be wrong. In which case, nothing happens. But if I am correct, "The law specifies that a violation of the CRFA will be treated the same as violating an FTC rule defining an unfair or deceptive act or practice. This means that your company could be subject to financial penalties, as well as a federal court order." If I were Ryan Thompson, dba Pro Solar Hawaii my action would concern me in the penalties would scare the hell outta me.

Read More

Because I am being asked

 It has become apparent to me that I didn't include enough information in my last post.  I didn't think to include what it is Ryan Thompson dba Pro Solar Hawaii did to receive the $2500 fine.

So, because I am being asked, let me explain exactly what regulated industries complaint office found that was a violation. In the "settlement before filing of petition for disciplinary action and boards final order" In Section A, Sentence #5 it says they want to go after Ryan Thompson dba Pro Solar Hawaii for violation of Hawaii Revised Statute: 444-25.5 (required disclosures in homeowners contract.) 

In addition violations of Hawaii Administrative Rules: 16-77-80 (required information and disclosures in homeowners contract.) Plus, the major blow to Ryan Thompson dba Pro Solar Hawaii, 16-77-97 (poor workmanship). See for yourself it's attached to the blog post.

You're probably asking yourself, what this means? Because I am being asked, let me say I am not a lawyer and the following information is based on a Google search. I may have interpreted it wrong. Here is how I interpret this:

The first 2 violations are pretty self-explanatory. A legal contract between a contractor and a consumer must include explicit "information and disclosures" those disclosures and information were not part of my contract with Ryan Thompson dba Pro Solar Hawaii. 

It also says in this "settlement before filing of petition for disciplinary action and boards final order" in Section B Sentance #5, that Ryan Thompson dba Pro Solar Hawaii "acknowledges RICO has sufficient cause to file petition for disciplinary action.." Quick question, how does one with a straight face say, "I didn't do anything wrong but, I acknowledge sufficient cause". How do they expect anyone including themselves, to believe they "did nothing wrong"? Don't you basically admit something is wrong with acknowledgment of sufficient cause? 

But, what about the "major blow" to Ryan Thompson dba Pro Solar Hawaii? The violation of 16-77-97 (poor workmanship) statute is due to not doing work based on industry standards.  Which, if you read the whole page added above, was my complaint!

In the end, we all know why a bad solar contractor such as Ryan Thompson dba Pro Solar Hawaii took the settlement and paid the $2500 fine. After admitting there is cause to go after him. He could never prove that he did not do anything wrong. A guy spending 1000's trying to drag me through the legal system on a case he has to know he cannot win. Isn't going to be shy about defending one of the many complaints to the Hawaii regulated industries complaint office if he didn't do anything wrong, of course. Yep, mine is not the only complaint, now or, in the past.

Before I continue, I'd like to give a shout out to all the lawyers (mostly mine; Peter L. Steinberg, Attorney at Law), people from all over the world, especially Hawaii, that have contacted my lawyer or me personally with advice, offers to testify against Ryan Thompson dba Pro Solar Hawaii, and support both moral and financial. You really prove this blog is in the public interest. Mahalo Nui Loa!

I'd like to take a moment to add a little something to this post for Ryan Thompson dba Pro Solar Hawaii eyes to read. Dude, your cases are totally screwed! I can only assume by your actions you are not as bright as the rest of the bulbs in the ceiling fan. Every day you don't come to my terms and settle with me, is another day closer to guaranteeing I get awarded the $1,000,000 I am suing you for. 

Read More

Bad Hawaii Solar Contractor

 Hopefully, nobody ever gets a bad Hawaii solar contractor. If by chance you do, and you live in the state of Hawaii, there is always The Regulated Industries Complaints Office.

If you get a bad Hawaii solar contractor and think what they did to you was not appropriate for a Hawaii solar contractor you can and should file a complaint with R.I.C.O. I am not going to lie to you and give you false hope. It will take years. This is not an instant gratification thing. What you complain about might not even be considered by R.I.C.O. to be of reason to pursue it further. To which I say "SO WHAT". It was and is to me to be more important to report a bad Hawaii solar contractor. What if what was done to you was/is a serious violation? As a consumer, you should stand up for yourself.

If you have been following my diary/blog you know I had what I consider to be a bad Hawaii Solar Contractor that many years ago (2015) I filed a complaint with R.I.C.O. about my issues with Ryan Thompson dba Pro Solar Hawaii. Yes, it really was all the way back in 2015. It has resolved in my favor.

See for yourself:

Read More

Ryan Thompson dba Pro Solar Hawaii Lawsuit Continues!

 [intro soap opera organ music]

We have now been through mediation, and just last Friday(3/5/2021) Ryan Thompson and I with our attorneys had a Zoom settlement conference with the judge in our case. No settlement has arisen from this meeting to date. I do appreciate that this judge is giving  Ryan Thompson dba Pro Solar Hawaii and myself the opportunity to save us both from spending $30,000+ to prove our cases.

All was not lost. I mean, it was very productive even if no settlement was reached. Ryan Thompson dba Pro Solar Hawaii now knows that if this goes to a jury trial I am asking for $1,000,000.00 for the damages caused by him. Will a jury in Hawaii award that amount to a consumer that was libeled per se and wronged severely by a Hawaii solar contractor? Yes, I think so. When a jury sees my evidence and what my treatment was by Ryan Thompson dba Pro Solar Hawaii including his frivolous lawsuit about my writing on these issues, I have no doubt whatsoever that 19 out of 20 juries will be sympathetic to me over that Hawaii solar contractor.

I have now learned that Ryan Thompson dba Pro Solar Hawaii is seeking $250,000 in damages from me in their lawsuit. something that had never been laid out in any of his court filings.  I assume it got under his skin with my $1,000,000 offer to settle. I have also learned that there is absolutely no evidence or proof of any damages in any court filing so far. I am no lawyer, but I can read a court filing. Let me tell you, dear reader, go and get the filings yourself (I assume you can) and read them. Here a headline for the local paper from them, "Hawaii Solar Contractor claims defy reality"

One can only speculate why any Hawaii solar contractor who has recently lost an arbitration case for a substantial amount would ever be eager to continue a lawsuit against someone seeking $1,000,000 from them? If it were me, I would assume that fact would be used to show a history, and the last thing I would want a jury to know is about having lost that arbitration. I think that's pretty damning evidence. Heck, I'd be worried about all the problems I've had with other customers coming to light in front of a jury. Especially if I was a Hawaii solar contractor with a history of problems with past customers.

Expanding on my previous thought. One also would have to question why Ryan Thompson dba Pro Solar Hawaii does not at least settle on the defamation per se he is facing. His attorney has had to advise him I would think that he is never going to be able to win that case, please feel free to see one of many examples of said defamation per see. [previous post] It is pretty clear as to what was the intent of posting that to Yelp on a different review than my review of a Hawaii solar contractor, Ryan Thompson dba Pro Solar Hawaii. Agin that is only one example. I definitely would not want a jury to read them all when I am pleading my case. 

I have had one idea/question/thing flopping around in my head since our meeting with the judge on Friday. Is Ryan Thompson dba Pro Solar Hawaii listening to his lawyer's advice?  Is his attorney advising him that going to a jury trial is in his best interest? I mean no disrespect to Al Thompson who is Ryan Thompson dba Pro Solar Hawaii attorney (no relation). He seems like a pleasant enough guy in my interactions with him in the courtroom.  But, on the other hand, if Al Thompson has a client that's not following his advice, he can always ask the court to be removed from the case. So there's that thought too to ponder.

I believe that Al Thompson is experiencing firsthand what I and others have experienced in our professional dealings with Ryan Thompson dba Pro Solar Hawaii. I believe that Ryan Thompson dba Pro Solar Hawaii is making this case a living hell for Al Thompson. I guess that no matter how hard Ryan Thompson's dba Pro Solar Hawaii's attorney tries to give the best advice to him, Ryan Thompson dba Pro Solar Hawaii just doesn't get it. I assume that the best legal advice that can be afforded by Ryan Thompson dba Pro Solar Hawaii is being given to him. I know that my legal bills so far come to $6,000 in this case. I would guess that the legal bills that are being generated over in the Ryan Thompson dba Pro Solar Hawaii camp are somewhere around double that.

Let us take a moment to analyze this. if we go under the assumption that Ryan Thompson dba Pro Solar Hawaii has spent roughly $12,000 on his case against me so far, and I paid roughly $20,000 for my system, he under the assumption has lost all profit on his sale and installation of my screwed up solar system to me. Does it not seem idiotic to spend $30,000 on lawyer and court costs to risk ending up paying me $1,000,000 plus costs when you lose? Even more so when one of your claims is that your losing business due to this blog. The question is it not evident that because you can spend $30,000+ and risk paying $1,000,000+ suing me proof in itself that business is not being hurt by this blog a claim in the lawsuit??

[soap opera organ mood music]

The judge told me it would take 3 years to get this case in front of a jury. that's 3 years of me posting updates to this blog. 3 years of exactly what Ryan Thompson dba Pro Solar Hawaii claims is what he doesn't want because (at least to the court) it is hurting his business. One needs to spend a moment contemplating this. Would a rational person with a business interest consider it's better to fight a case against a blogger and spend 3 years giving said blog content to post?

Here is another thought Ryan Thompson dba Pro Solar Hawaii might want to consider.  Will a jury be understanding of 3 years on top of the past time spent on this case, of intentional emotional distress this Hawaii solar contactor is causing me? Will this jury 3 years from now say, "that's messed up" and award me over the $1,000,000 I ask for on intentional emotional distress alone? I suspect that it is going to be impossible not to get a jury's sympathy on this issue.

I want to say something directly to Ryan Thompson dba Pro Solar Hawaii. You had better get your ego in check dude. You are about to go down a path that is going to dramatically change your life. Everyone here in Hawaii would agree it's never a smart idea to jump in the water with bleeding wounds when there are Tiger sharks in the water.

To end this blog post with a lot of gratitude. I want to express my sincere appreciation to my attorney Peter L. Steinberg Esq. for his unwavering support during this case. 

[closing soap opera organ music]

Read More