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Energy Plus Class Action Lawsuit Settlement
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Energy Plus Holdings LLC has reached an $11 million class action lawsuit settlement with customers who say the company lied about how low their rates were. Customers have until July 24, 2013 to file a claim to potentially receive up to $101 if the class action settlement is approved.
The Energy Plus Holdings settlement will resolve a class action lawsuit (Wise, et al. v. Energy Plus Holdings LLC) that accuses the independent energy supplier of making misleading misrepresentations to customers, including falsely advertising that its rates were lower than the prevailing market rates.
Energy Plus denies the allegations but has agreed to provide refunds to customers under a class action lawsuit settlement to resolve the litigation.
Class Members of the Energy Plus class action settlement include all customers of Energy Plus Holdings LLC or Energy Plus Natural Gas LLC in New York, Maryland, Connecticut, New Jersey, Pennsylvania, Texas, Illinois, Ohio or Massachusetts, at any time up to and including October 15, 2011.
If the class action settlement is approved, Class Members are eligible to receive a check for between $6 and $101 if they submit a valid Claim Form by the deadline of July 24, 2013. The exact amount of money you can receive from the class action lawsuit settlement will depend on how many valid claims are filed. The average payout will be approximately $23.50, according to the Class Notice.
All Class Members will also have the option to claim an alternative settlement payment that provides an added value to the Cash Option. These options include a:
- Gift Certificate redeemable for merchant gift cards at a value equal to the Cash Option rounded up to the nearest $5. For example, a class member eligible for a $16 cash payment could choose a gift certificate in the amount of $20. The result is an average premium of 8.25% over the Cash Option.
- “Cash Back” Program in which you will receive, at the end of 12 consecutive months of future service from Energy Plus, a check or prepaid card in an amount equal to their applicable Cash Option plus a 15% (in the case of electric supply) or 20% (in the case of gas supply) premium over the Cash Option. Class members choosing this option must remain customers of Energy Plus for one year. Former customers may choose this option by re-enrolling with Energy Plus under its prevailing fixed price energy supply program (to the extent available in that Class Member’s service area).
- “Green” Option for Energy Plus’s electricity customers valued at a 20% premium over the Cash Option, to be fulfilled through renewable energy credit purchases used to offset actual customer uses.
The only way to receive any of these settlement benefits is to submit a valid Claim Form by the deadline.
Claim Forms and more information on your rights in the Energy Plus Holdings Class Action Lawsuit Settlement can be found at www.EnergySettlement.com.
The case is Angela Wise, et al. v. Energy Plus Holdings LLC, Case No. 11-7345, U.S. District Court, Southern District of New York.
How to File a Claim for the Energy Plus Class Action Lawsuit Settlement
Website of the Class Action Lawsuit Settlement Administrator: www.EnergySettlement.com Address to submit a claim form (REQUIRED):
The easiest way to file a claim for the Energy Plus class action settlement is to submit one online at www.EnergySettlement.com. You can also mail a Claim Form to the following address: Energy Plus Settlement Administratorc/o KCC Class Action ServicesP.O. Box 43152Providence, RI 02940-3152
Phone Number to call for assistance: N/A
Customer Before: October 15, 2012
Claims must be postmarked by: 7/24/13
Settlement Administrator: Kurtzman Carson Consultants LLC
Class Counsel:
D. Greg BlankinshipMEISELMAN, PACKMAN, NEALON, SCIALABBA & BAKER P.C.
Defense Counsel:
Dana B. KlingesDUANE MORRIS LLP
UPDATE: The Court granted final approval to the Energy Plus Class Action Settlement on September 17, 2013.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions