On March 30, the DFPI permanently barred James Jacob Berry and any company he owns or controls from seeking future enrollment as a PACE solicitor’s agent or PACE solicitor, after finding that Berry and his three companies misled consumers by marketing their product as a “no-cost” government-funded program.

The companies, which include a former PACE solicitor disenrolled by its program administrator, would have fallen outside the regulatory oversight of the Department prior to the passage of the California Consumer Financial Protection Law (CCFPL), which took effect Jan. 1, 2021. Berry and his companies evaded PACE laws by using an unenrolled company to advertise and solicit consumers for PACE financing.

The DFPI entered into a consent order with Berry and his companies: Community Solar Inc., doing business as Premier Community Construction; PACE Consulting Agency Inc., doing business as The PACE Program of California; and PACE Marketing & Communications after finding that Berry and his companies evaded PACE laws by using an unenrolled company to advertise and solicit customers for PACE financing.

In addition to barring Berry, the DFPI ordered Berry and his companies to stop offering PACE financing to consumers and to stop using “PACE” in its business names, websites, marketing materials, or communications.