Though SunSetter formally reported the flaw in 2017, federal investigators contend that the company was aware of the issue as early as 2012. Internal simulation testing in 2015 further confirmed the defect, yet no timely disclosure was made to regulators, the complaint states.
Legal Teams and Compliance Overhaul
The government’s case is being led by Brett Ruff and Nicole Frazer of the U.S. Department of Justice’s Civil Division, alongside Anuj Khetarpal from the U.S. Attorney’s Office for the District of Massachusetts.
SunSetter is represented by legal heavyweights including Daniel Grooms, Matthew Howsare, Matthew Kutcher, Reed Smith, Shamis Beckley, and Shawn Skolky of Cooley LLP.
As part of the settlement, SunSetter has agreed not only to the hefty financial penalty but also to implement a stringent compliance program aimed at preventing future violations and ensuring the timely reporting of potential safety hazards.