CleanChoice Energy class action overview:
- Who: Plaintiff Carter Davies filed a class action lawsuit against CleanChoice Energy Inc.
- Why: Davies alleges CleanChoice charged exorbitant electricity rates in violation of its own contractual pricing terms.
- Where: The CleanChoice Energy class action was filed in Illinois federal court.
A new class action lawsuit accuses CleanChoice Energy, an alternative retail electricity supplier, of overcharging Illinois customers by millions of dollars through deceptive pricing practices.
Plaintiff Carter Davies filed the lawsuit on April 9 against CleanChoice, alleging the company misrepresented how it calculates the variable electricity rates it charges customers.
CleanChoice’s customer contracts state that its variable rates are based on factors including the cost of renewable energy certificates, applicable taxes, generation and transmission charges, and market conditions.
Davies alleges CleanChoice ignored these contractual factors entirely and instead set rates designed to maximize its own profits.
The class action lawsuit details that from December 2024 through November 2025, CleanChoice charged Davies a flat rate of 19.0 cents per kilowatt hour every month, even as market supply costs fluctuated between 8.5 and 16.3 cents per kilowatt hour.
During that period, CleanChoice’s rates were on average 2.5 times higher than those of local utility ComEd.
The complaint also alleges CleanChoice failed to disclose that its variable rates were consistently and significantly higher than those of the local utility, depriving customers of the ability to make an informed choice.
“Defendant’s scheme, which often affects society’s most vulnerable citizens, is immoral, unethical, oppressive and unscrupulous,” the CleanChoice Energy class action lawsuit says.
CleanChoice Energy failed to disclose all costs, class action claims
The class action lawsuit alleges CleanChoice violated the Illinois Consumer Fraud and Deceptive Practices Act by misrepresenting its rate-setting methodology and failing to clearly disclose all associated costs.
Davies further alleges CleanChoice breached its contract with customers by charging variable rates wholly untethered from the factors specified in its own pricing terms.
The lawsuit notes that in 2023, CleanChoice paid $600,000 to settle a related complaint with the Illinois Commerce Commission staff and two consumer advocacy organizations.
Davies seeks to represent a class of all Illinois CleanChoice customers who were charged for electricity services from the earliest allowable date through the date of judgment.
The plaintiff demands a jury trial and seeks compensatory damages, punitive damages, injunctive relief, restitution, statutory penalties and attorneys’ fees.
Have you ever been affected by similar pricing actions alleged in the CleanChoice Energy class action lawsuit? Let us know in the comments.
Davies is represented by Daniel J. Kieselstein of Wittels McInturff Palikovic and D. Greg Blankinship of Finkelstein, Blankinship, Frei-Pearson & Garber LLP.The CleanChoice Energy class action lawsuit is Davies v. CleanChoice Energy Inc., Case No. 1:26-cv-03967, in the U.S. District Court for the Northern District of Illinois.
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