Dividend, a division of Fifth Third Bank, has taken legal action against AMP SMART, LLC and Titanium Solar, LLC for allegedly breaching contractual obligations. The complaint was filed in the United States District Court for the Southern District of Ohio on January 16, 2026. The defendants are accused of failing to complete the installation of solar energy systems as per their agreement with Dividend.
The case centers around a Solar Financing Program Agreement (SFPA) between Dividend and AMP x Titanium Solar, under which Dividend financed solar energy systems that were to be installed by AMP x Titanium Solar. However, according to the complaint, AMP x Titanium Solar failed to fulfill its commitments by not completing installations for approximately 23 projects. These failures included not performing necessary repairs or services and not bringing the systems to “Permission to Operate” status—essentially leaving them unconnected to local energy grids.
Dividend claims that these breaches have resulted in significant financial losses and reputational damage. The bank alleges that AMP x Titanium Solar did not adhere to several sections of the SFPA, including those related to representations and warranties about product quality and compliance with consumer protection laws. Moreover, AMP x Titanium Solar allegedly neglected its duty to indemnify Dividend against claims from dissatisfied customers.
In seeking redress from the court, Dividend is asking for compensatory damages amounting to $791,555.75—the cost incurred due to these breaches—as well as attorneys’ fees and other related costs. They also seek declaratory judgment affirming that AMP x Titanium Solar is in breach of contract and must fulfill its obligations under the SFPA.
Representing Dividend is attorney Daniel K. Byrne from Dinsmore & Shohl LLP based in Cincinnati, Ohio. The case is being presided over by Judge Susan J. Dlott under Case ID 1:26-cv-00049-SJD.
Source: 126cv00049_Dividend_v_Amp_Smart_LLC_Complaint_Southern_District_Ohio.pdf
