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SunPower Corporation (NASDAQ: SPWR) Filed Securities Fraud Class Action

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COMPANY       SunPower Corporation 
COURT United States District Court for the Northern District of California
CASE NUMBER 23-cv-05544
JUDGE The Hon. Rita F. Lin
CLASS PERIOD  March 9, 2023 through October 24, 2023
SECURITY TYPE  Securities

SunPower investors may receive additional information about the case by clicking the link "Submit Your Information" above.  If you are a member of the class described below, you may no later than December 26, 2023 move the Court to serve as lead plaintiff of the class, if you so choose.

A class action lawsuit has been filed on behalf of those who purchased or acquired SunPower Corporation (“SunPower”) (NASDAQ: SPWR) securities between March 9, 2023 and October 24, 2023, both dates inclusive (the “Class Period”). 

Case Background:
SunPower, a Delaware corporation with its principal executive offices in Richmond, California, is a solar technology and energy services provider.  

On October 24, 2023, SunPower revealed a material weakness in its internal control over financial reporting and disclosed that the company would need to restate certain of its financial statements.  Specifically, SunPower announced that it planned to restate the company’s Form 10-K for the period ended January 1, 2023, the company’s Form 10-Q for the period ended April 2, 2023, and the company’s Form 10-Q for the period ended July 2, 2023 (collectively, the “Financial Statements”), because it had overstated the value of consignment inventory of microinverter components and understated the associated cost of revenue.  SunPower further revealed that investors should no longer rely upon the Financial Statements or any communications describing or based upon the Financial Statements.  On this news, the price of SunPower common stock declined by $0.90 per share, or more than 18.1%, from a close of $4.96 per share on October 24, 2023, to close at $4.06 per share on October 25, 2023.

The complaint alleges that, throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the company’s business, operations, and prospects.  Specifically, Defendants misrepresented and/or failed to disclose that: (1) due to a material weakness in its internal control over financial reporting, SunPower had inaccurately reported cost of revenue and certain inventory metrics; (2) SunPower was reasonably likely to incur significant charges to restate its prior financial statements; and (3) as a result, Defendants’ statements about the company’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. Filling out the online form above or communicating with any counsel is not necessary to participate or share in any recovery achieved in this case.  Any member of the purported class may move the court to serve as a lead plaintiff through counsel of his/her choice, or may choose to do nothing and remain an inactive class member.

If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP:  Jonathan Naji, Esq. (484) 270-1453 or via e-mail at info@ktmc.com.  If you would like additional information about the suit, please click on the link "Submit Your Information" above and fill out the form as promptly as possible.

Please complete this form relating to your transactions in SunPower Corporation (NASDAQ: SPWR) securities between March 9, 2023 and October 24, 2023, both dates inclusive (the “Class Period”). 

You may also contact Jonathan Naji, Esq. (484) 270-1453; or you may submit your information via email at info@ktmc.com; or you may click here to print a PDF of this form.

SUBMIT YOUR INFORMATION
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Date
# of Shares
Price per Share
Date
Principal Amount
Amount Paid
Series or CUSIP
Date
# of Contracts
Price per Contract
Exercise Price
Expiration Date
Did you purchase shares of SunPower Corporation prior to the Class Period?
Are you a current or former employee of SunPower Corporation ?
The submission of this form does not create an attorney-client relationship, nor an obligation on the part of Kessler Topaz or you to file a lead plaintiff motion in this matter. Any information you submit will be maintained as confidential. If Kessler Topaz, in its sole discretion, believes that you might be an appropriate lead plaintiff candidate, Kessler Topaz will contact you to discuss the matter and whether to establish an attorney client relationship. By signing this form you are authorizing us to contact you regarding this case and/or future cases.
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