The Utah Department of Commerce’s Division of Consumer Protection (Division) has filed a complaint in the Third Judicial District Court of Salt Lake County against Colarusso Ventures, LLC, doing business as Elan Solar, and its owner, Kevin Colarusso, for engaging in deceptive acts in violation of the Utah Consumer Sales Practices Act (CSPA). The Division, represented in the matter by the Utah Attorney General’s Office, is seeking damages on behalf of harmed consumers as well as an award of fines and penalties for statutory violations.
Over the past year and a half, the Division received over 30 complaints against Elan Solar and Mr. Colarusso for multiple violations of the CSPA. Elan Solar failed to provide at least 29 consumers with a functional solar energy system within the time represented and admitted to having at least 140 Utah consumers without functional systems, all of whom had signed contracts many months ago. Elan Solar engaged in multiple deceptive sales practices, including misleading consumers with fake Google reviews, and misrepresenting its rating with the Better Business Bureau, as well as misrepresenting the cost of its solar energy systems and consumers’ energy savings.
“The mission at the Division of Consumer Protection is to strengthen trust in Utah’s commercial activities through enforcement and education,” explained Katie Hass, Director of the Division of Consumer Protection, “Deceptive conduct like that exhibited by Elan Solar does the exact opposite—it harms consumers and erodes trust in the Solar industry, and our economy overall. It is imperative that we hold companies responsible for deceptive behavior and the resulting harm to consumers so that trust may be restored, and good actors may thrive.”
Elan Solar has a history of violating the CSPA and failing to provide Utah consumers with the required disclosure statement prior to entering contracts, violating the Residential Solar Energy Disclosure Act (RSEDA). These prior violations resulted in the Division entering into two different settlement agreements (January 2022 and July 2022) with Elan Solar.
After a lengthy and in-depth investigation based on the new complaints, the Division determined that Elan Solar continues to engage in deceptive acts violating the CSPA and consistently fails to provide Utah consumers with the required disclosure statement prior to entering contracts, violating RSEDA.
Likewise, Commerce’s Division of Professional Licensing (DOPL) received complaints for failure to perform contracted-for services and failure to pay subcontractors. After an investigation and a hearing, DOPL revoked Elan Solar’s license on August 30, 2023. Despite the license revocation, Elan Solar continued unlawfully engaging in solar installations.
The Division of Consumer Protection issued an emergency Cease and Desist order on March 1, 2024, due to Elan Solar’s continued deceptive conduct and, most importantly, the unlawful practice of representing themselves as a full-service solar installation company without the appropriate State of Utah license.
The complaint and administrative action seek to protect Utah consumers from deceptive practices. The Division encourages consumers who believe they have been harmed by Elan Solar to file a complaint with the Division at https://db.dcp.utah.gov/complaints.html. Consumers may also contact the Division of Consumer Protection at 801-530-6601 or 800-721-7233.
