Frequently Asked Questions

This Settlement Website is a court-authorized Long-Form Notice of a proposed partial settlement (the “Settlement”) in a class action lawsuit (the “Litigation”). The Litigation is before Judge F. Kay Behm of the United States District Court for the Eastern District of Michigan (the “Court”) and the case is called Hall et al. v. Trivest Partners L.P., et al., Case Number 4:22-cv-12743-FKB-CI. The people who sued are called "Plaintiffs", and the companies and people they sued are called "Defendants".

The Settlement would resolve all claims in the Litigation against one of several Defendants, William Jayson Waller. The Court has granted preliminary approval of the Class Settlement Agreement and Release (the “Settlement Agreement”) found on the Important Documents page and has conditionally certified the Settlement Class for purposes of Settlement only.

This Settlement Website explains the nature of the Litigation, the terms of the Settlement Agreement, and the legal rights and obligations of members of the Settlement Class. Please read the instructions and explanations in the below FAQs carefully so that you can better understand your legal rights. The Settlement Administrator in this case is Kroll Settlement Administration, LLC.

If you received a Notice, records indicate that you may have purchased a home solar system from Power Home Solar or Pink Energy, and, therefore, Plaintiffs allege you were subject to unlawful and fraudulent sales techniques relating to the purchase of a home solar system.

You have the right to know about the case and about your legal rights and options before the Court decides whether to approve the Settlement. This Settlement Website and the Notice explain the Litigation, the Settlement, and your legal rights.

This is a civil lawsuit that is independent from the Power Home Solar, LLC bankruptcy proceedings. Plaintiffs allege that Mr. Waller, along with the other Defendants in the Litigation, violated the Racketeer Influenced and Corrupt Organizations Act and the Michigan Consumer Protection Act. Plaintiffs allege that Mr. Waller violated these laws in his role as CEO of Power Home Solar, LLC (including d/b/a Pink Energy).

Plaintiffs contend that Mr. Waller’s alleged fraud and deception in the operation of Power Home Solar (Pink Energy) resulted in lengthy, expensive monthly payment commitments with no meaningful corresponding reduction in the electric bills of the people who purchased home solar systems from his company.

The Trivest Defendants: Trivest Partners L.P., TGIF Power Home Investor, LLC, Trivest Partners, Inc., Trivest Growth Partners, Inc., Trivest Growth Partners, L.P., Trivest Growth Partners GP, LLC, Trivest Growth Investment Fund, L.P., TGIF Power Home Blocker, Inc., and Trivest Investment Advisors, LLC.

Individual Defendant: William Jayson Waller.

Power Home Solar, LLC is not currently named as a Defendant in the Litigation due to its Chapter 7 bankruptcy protections.

This is the first Settlement in the Litigation. The Litigation will continue against the other named Defendants until all Defendants reach a Settlement, the case is dismissed, or the case goes to trial. The funds obtained from this Settlement may be used for the benefit of the Settlement Class in the ongoing Litigation.

The Court overseeing this Litigation already has preliminarily approved the Settlement Agreement. Nevertheless, because the Settlement of a class action determines the rights of all members of the Settlement Class, the Court must give final approval to the Settlement Agreement before it can be effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that members of the Settlement Class may be given notice and the opportunity to exclude themselves from the Settlement Class or to voice their support or opposition to final approval of the Settlement Agreement. If the Court does not grant final approval to the Settlement Agreement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and the Litigation will proceed as if there had been no settlement and no certification of the Settlement Class.

A class action is a lawsuit in which a few individuals, called “Class Representatives,” sue on behalf of all people who have similar claims. In a class action settlement, all the people with similar claims are members of the “Class” or “Settlement Class,” except for those who exclude themselves from the class. The Settlement must be approved by the Court, and the Settlement resolves the Claims for all Settlement Class Members, except for those who exclude themselves.

The Settlement provides for payment of $575,000.00 in cash. In return for this payment, Settlement Class Members are required to give up their Claims against Defendant Waller and his insurers.

More details are in the Settlement Agreement, available on the Important Documents page of this Settlement Website. 

Settlement Class Counsel has determined that Mr. Waller’s assets would be insufficient to satisfy a full judgment if this case proceeded to trial, and that the best prospects for greater recovery are through the remaining Defendants.

To resolve this matter without the expense, delay, and uncertainties of protracted litigation, the Parties reached a Settlement that, if approved by the Court, would resolve all Claims brought on behalf of the Settlement Class related to Mr. Waller’s involvement in Power Home Solar, LLC (including d/b/a Pink Energy). If approved by the Court, the Settlement Agreement provides that Mr. Waller will pay one lump sum into an Escrow Account for the benefit of Settlement Class Members. 

Mr. Waller denies that he did anything wrong, and the Settlement is not an admission of wrongdoing by Mr. Waller and does not imply that there has been, or would be, any finding that Mr. Waller violated the law. Further, the Court overseeing the Litigation has not determined that Mr. Waller did anything wrong.

You are a member of the Settlement Class if you purchased a home solar system from Power Home Solar, LLC (including d/b/a Pink Energy) at any time since August 1, 2018.

Excluded from the Settlement Class are: (i) Mr. Waller, any entity in which Mr. Waller has a controlling interest, and Mr. Waller’s insurer; (ii) any judicial officer presiding over the Litigation and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly excludes themselves from the Settlement.

No money will be distributed to any Settlement Class Member at this time. The lawyers will continue to pursue the lawsuit against the other, non-settling Defendants to see if any future settlements or judgments can be obtained in the case. At the end of the case, funds recovered through this Settlement will be combined with any additional recoveries and distributed together in order to reduce administrative expenses.

The plan of distribution for the Settlement Funds will depend on the total amount recovered from the Defendants, attorneys’ fees, and case costs. You will be notified when and how to submit a claim. The plan of distribution for the Settlement Funds must be approved by the Court before the funds can be distributed.

All Settlement Class Members are part of the Settlement unless they request to be excluded from it. 

By staying in the Settlement Class, you will give Mr. Waller a “release,” and all the Court’s orders will apply to you and bind you. A release means you cannot sue or be part of any other lawsuit or other legal action against Mr. Waller about or arising from the Claims or issues in this Litigation.

The precise terms of the release are in the Settlement Agreement, which is available on the Settlement Website. Unless you formally exclude yourself from this Settlement, you will release your Claims. If you have any questions, you can talk for free to Settlement Class Counsel identified below, who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

If you remain in the Settlement Class and participate in the Settlement, you retain your right to administratively contest the amount you are awarded after you are notified what that amount is.

To exclude yourself from the Settlement, you must send a letter or postcard to the Settlement Administrator stating: (a) the name and case number of the Action (Hall et al. v. Trivest Partners L.P., et al., Case No. 4:22-cv-12743-FKB-CI (E.D. Mich.)); (b) your full name, address, and telephone number; and (c) a statement that you do not wish to participate in the Settlement, postmarked no later than the Response Deadline. You may only request exclusion for yourself, and no one else can request exclusion for you. You must mail your exclusion request so that it is postmarked no later than November 2, 2026, to:

Hall v. Trivest Partners L.P.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
 

No, if you submit an exclusion request, you will not receive anything from the Settlement, but you retain your right to sue Mr. Waller over the Claims raised in the Litigation.
 

The Court has appointed the following attorneys to represent the Settlement Class as Settlement Class Counsel:

Nicholas A. Coulson
Julia G. Prescott
Coulson P.C.
300 River Place Drive, Suite 1700
Detroit, MI 48207
Tel: (313) 644-2685

If you want to be represented by your own lawyer, you may hire one at your own expense.
 

Settlement Class Counsel will be paid from the Settlement Fund. Settlement Class Counsel will seek Court approval to be paid reasonable attorneys’ fees up to one-third of the Settlement Fund. Settlement Class Counsel have agreed to refrain from seeking reimbursement of their costs or expenses until the funds are distributed to Settlement Class Members. The motion for attorneys’ fees will be posted on the Settlement Website after it is filed.

If you are a Settlement Class Member, you can object to the Settlement, or some part of it, and the Court will consider your views. In order to object to the Settlement, you must submit a written objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve some or all of the Settlement. Your objection must include: (a) the case name and number of the Litigation; (b) your full name, current address, telephone number, and email address; (c) the words “Notice of Objection” or “Formal Objection”; (d) in clear and concise terms, the objection and legal and factual arguments supporting the objection; (e) facts showing that you are a Settlement Class Member; and (f) the date and your signature. If you are intending to make an appearance at the Final Approval Hearing (with or without an attorney), you must include a statement substantially similar to “Notice of Intention to Appear.” If you intend to appear at the Final Approval Hearing through counsel, you must also identify the attorney(s) representing you who will appear at the Final Approval Hearing and include the attorney(s) name, address, phone number, email address, and the state bar(s) to which counsel is admitted. If you intend to request the Court to allow you to call witnesses at the Final Approval Hearing, such request must be made in your written objection, which must also contain a list of any such witnesses and a summary of each witness’s expected testimony.

If you file an objection, you may still receive benefits under the Settlement so long as you timely file a valid claim. To be timely, written notice of an objection in the appropriate form described above must be filed with the Court no later than November 2, 2026, as noted below:

Court Clerk's Office 
United States District Court for the Eastern District of Michigan
600 Church Street
Flint, MI 48502

The Court will hold a hearing on December 2, 2026, at 2:00 p.m. ET in the courtroom of the Honorable F. Kay Behm, Courtroom 104, which is located at 600 Church Street, Flint, MI 48502. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class and to determine the appropriate amount of compensation for Settlement Class Counsel. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed Settlement. The Court will then decide whether to approve the Settlement.

YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice.
 

This Settlement Website only provides a summary of the proposed Settlement. Complete details about the Settlement can be found in the Settlement Agreement available on the Important Documents page of this Settlement Website. 

If you have any questions and/or need to update your contact information, you can contact the Settlement Administrator here or Settlement Class Counsel at (313) 644-2685. In addition to the documents available on the Important Documents page of the Settlement Website, all pleadings and documents filed in this Litigation may be reviewed or copied at the Clerk of Court’s office.

DO NOT CALL OR SEND ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, OR MR. WALLER OR HIS COUNSEL. ALL QUESTIONS ABOUT THE SETTLEMENT SHOULD BE REFERRED TO THE SETTLEMENT ADMINISTRATOR OR SETTLEMENT CLASS COUNSEL.