Los Angeles Department of Water and Power Class Action Settlement

A settlement has been reached over allegations of overbilling and other billing errors by the Los Angeles Department of Water and Power (LADWP) that were allegedly caused by defective implementation of a new billing system and/or damages incurred by customers’ participating in a solar incentive program.

If you are a LADWP customer who was overcharged for electric, water, sewage or sanitation services between Sept. 3, 2013 and Dec. 30, 2016 and you are entitled to credits or refunds, and/or you participated in the LADWP’s solar incentive program since Feb. 13, 2010, you may be entitled to benefits from the LADWP class action settlement.

The plaintiffs allege that the defective implementation of LADWP’s Customer Care and Billing System caused customer overbilling and billing errors. They also claim that customers suffered damages due to their participation in LADWP’s solar incentive program.

The LADWP class action lawsuit asserted claims for fraud, negligent misrepresentation, breach of contract, unjust enrichment, and violations of the California Legal Remedies Act and California Unfair Competition Law.

LADWP has not admitted any wrongdoing but agreed to settle the overbilling class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

In addition to providing compensation to eligible Class Members, LADWP also agrees to provide non-monetary remedial relief to ensure its billing systems are accurate and reliable.

The LADWP class action settlement was preliminarily approved on Dec. 30, 2016.

Class Members who would like to object to or opt out of the LADWP settlement must do so no later than June 5, 2017.

Who’s Eligible

According to the LADWP settlement website: “You may be entitled to Settlement benefits if you are an LADWP customer who was overcharged for electric, water, sewage or sanitation services or were otherwise damaged from billing practices between the dates of September 3, 2013 and December 30, 2016, and/or for participation in the LADWP’s solar incentive program from February 13, 2010.”

Potential Award

The LADWP class action settlement provides monetary relief and non-monetary remedial relief. The benefits each Class Member receives depends on which of the following subclasses they belong to:

• Overbilling: This subclass includes LADWP customers who were overbilled. Overbilling may be the result of being charged an incorrect rate, incorrect utility tax rate, incorrect amount of consumption, or if a discount was not applied.
• Incorrect Fee: This subclass includes LADWP customers who were charged an incorrect fee, such as reconnect fees, start service fees, and/or late payment fees.
• Unrefunded Balance: This subclass includes LADWP customers with closed accounts that have credit balances and who are owed refunds that were withheld by LADWP between Sept. 3, 2013 and Dec. 30, 2016.
• Solar: This subclass includes LADWP customers who installed solar power systems and applied to participate in the Solar Photovoltaic Incentive Program since Feb. 13, 2010. To qualify for this subclass, you must have experienced a delay of more than 30 days after you submitted a complete Incentive Application and Supporting Documentation and/or indication that the solar system was fully permitted and ready for inspection, and/or who have not been billed for energy consumed/generated, and/or who have not been credited for excess energy generated by the solar power system.
• Premise Condition/Estimated Bill: This subclass includes LADWP customers that: (i) did not know that they had a premise condition that caused excessive consumption of water and/or power; (ii) received estimated bills for multiple billing periods after Sept. 3, 2013; (iii) because of these billing estimates, they were prevented from discovering they had a premise condition; and (iv) they were charged for higher quantities of usage than they otherwise would have been charged.
• Automatic Bill Payment/Bank Overdraft Charge: This subclass includes LADWP customers that were enrolled in a plan that allowed automatic bill payments through their bank and who were charged overdraft fees because LADWP charged an incorrect amount that caused the customer’s bank account to become overdrawn.
• Omnibus: This subclass includes LADWP customers who were not identified as members of any of the above subclasses but who believe they were (i) incorrectly assessed a charge associated with their power, water, sewage or sanitation services during the Class Period or who were otherwise damaged as a result of their participation in the LADWP’s solar incentive program between Feb. 13, 2010 and Dec. 30, 2016.

NOTE: If you are part of the Overbilling, Incorrect Fee, Unrefunded Balance and/or Solar subclasses, you should have been informed about the class action settlement and you do not need to take any action to receive the full amount you are owed. If you believe you have additional damages that have not been identified, you must submit a Claim Form to seek compensation for those damages.

Proof of Purchase

Class Members who are submitting a Claim Form may need to provide documentation supporting the damages they are claiming. Please read the directions on the Claim Form carefully before you submit it.

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

Claim Form Deadline

6/5/2017

For Field Work Customers, the deadline to file a claim is 60 days from the date of the Field Work Determination Letter.

NOTE: Many Class Members have been pre-identified to receive LADWP settlement benefits and may not need to file a claim to receive a credit or refund.

Case Name

Jones v. City of Los Angeles, Case No. BC577267, in the Superior Court of the State of California, County of Los Angeles, Central District

Final Hearing

7/7/2017

Settlement Website

www.LADWPBillingSettlement.com

Claims Administrator

LADWP Billing Settlement
c/o KCC LLC
P.O. Box 43449
Providence, RI 02940-3449
1-844-899-6219
info@LADWPBillingSettlement.com

Class Counsel

Jack Landskroner
LANDSKRONER GRIECO MERRIMAN LLC

Michael J. Libman
LAW OFFICES OF MICHAEL J. LIBMAN

Defense Counsel

Michael N. Feuer
Joseph A. Brajevich
Eskel H. Solomon
LOS ANGELES CITY ATTORNEY’S OFFICE

Angela C. Agrusa
Maribeth Annaguey
LINER LLP