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Monday, October 14, 2019

Company accused of withholding petitions

By Annie Hunt | Feb 3, 2016

MIAMI — A not-for-profit company is suing PCI Consultants Inc., alleging the corporation is withholding petitions for solar power initiatives in breach of its contract.

Floridians for Solar Choice Inc. (FSC) filed a lawsuit on Dec. 23 in U.S. District Court for the Southern District of Florida against PCI Consultants, Inc. and CEO Angelo Paparella, citing breach of contract, fraud, and unjust enrichment.

According to the complaint, FSC entered into a contract with PCI on Jan. 5, 2015, in which the defendant agreed to provide petition services and obtain petition signatures for FSC (a not-for-profit company formed for the purpose of promoting a constitutional amendment to Florida’s Constitution relating to the sale of solar power to Florida citizens). Pursuant to the agreement, the defendant provided 80,000 signatures and was paid in full, the suit says. The two parties entered into a second contract on June 5, 2015, with similar stipulations, except that the defendant would hire employees at their own expense, according to the lawsuit.

The suit says that on Sept. 1, the parties agreed to increase the fee per signature, but when they met to discuss payments again on Oct. 22, the plaintiff claims the parties were not in full agreement and that no written amendments were made to the contract. On Nov. 19, the defendant allegedly informed the plaintiff that expenses would be increasing, at which time the plaintiff terminated the second contract and sent a final invoice, according to the lawsuit. The plaintiff claims that the defendant is withholding signed petitions to which the plaintiff is entitled, constituting the alleged breach of contract.

FSC seeks damages, equitable relief, prejudgment interest, and costs. They are represented by Marshall A. Adams and Scott L. Cagan of Lubell Rosen LLC in Fort Lauderdale.

U.S. District Court for the Southern District of Florida Case number 0:15-cv-62688-BB

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Organizations in this Story

Floridians for Solar Choice U.S. District Court Southern District of Florida Key West Division

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