Duke Energy Antitrust Class Action Settlement

A settlement has been reached with Duke Energy Corp. in the amount of nearly $81 million to resolve claims in a class action lawsuit that alleged the energy company violated federal racketeering and antitrust laws, state racketeering, and common law claims.

The lawsuit was filed by plaintiff Anthony Williams and was heard in several courts and an appeals court before mediation took place to have both parties come to the table to reach common ground in an agreement.  Williams alleged that from 2005 to 2008, rebates were paid to large business customers in an effort to gain their support for a rate stabilization plan they hoped to gain through the Public Utilities Commission of Ohio.

Duke continues to maintain that the company has engaged in no wrongdoing and continues to deny any allegations set forth in the class action lawsuit.

UPDATE: The Final Hearing on this case has been switched from Apr. 18, 2016 to Apr. 19, 2016.

UPDATE 2 September 12, 2016: FAQ #8 on the settlement website has been updated with a link to a detailed explanation of the claims process.  The settlement administrator currently anticipates that settlement checks will be distributed in November 2016.  Keep checking back and let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Who’s Eligible

The Settlement Class consists of “all residential and business (non-residential) ratepayers who received retail electric generation service from Duke Energy Corp. and/or Cinergy Corp. or their subsidiaries/affiliates at any time between January 1, 2005, and December 31, 2008 in the CG&E/Duke Energy Ohio electric service territory and who did not receive rebates under the side agreements.”

Potential Award

Up to $4,000 for non-residential ratepayers and up to $400 for residential ratepayers.

Residential customers will receive a fixed amount for each qualifying during the designated Class Period. The minimum payout for a residential customer who was eligible the entire Class Period is $40 and may increase to a maximum payout of $400.

Non-residential customers will receive a fixed amount for each qualifying during the designated Class Period. The minimum payout for a residential customer who was eligible the entire Class Period is $200 and may increase to a maximum payout of $4,000.

Ratepayers who do not qualify for the whole Class Period will be entitled to less money from the class action settlement, and may receive payment as long as the payout amount is $10 or more.

All amounts listed are estimates and may be lower or higher depending on how many eligible claims are received.

Proof of Purchase

When filing a claim, Class Members must provide their address and the date range during which they were a ratepayer of Cinergy or Duke Energy Ohio. Claimants must assert under the penalty of perjury that the information provided is true and accurate.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

04/13/2016

Case Name

Anthony Williams, et al. v. Duke Energy Corp., et al., Case No.1:08-cv-00046, in the U.S. District Court for the Southern District of Ohio.

Final Hearing

04/19/2016 (NEW DATE)

Settlement Website

www.DukeClassAction.com

Claims Administrator

Williams v. Duke Energy
c/o The Garden City Group, Inc.
P.O. Box 10092
Dublin, OH 43017-6692
(844) 322-8220
info@dukeclassaction.com

Class Counsel

W.B. Markovits, Esq.
MARKOVITS, STOCK & DEMARCO LLC

Randolph Freking, Esq.
FREKING, MYERS & REULL, LLC

Defense Counsel

James King, Esq.
PORTER WRIGHT MORRIS & ARTHUR LLP