The lawsuit alleges that Discount Power falsely claimed in its contracts with customers that its variable rate for electricity supply services would fluctuate based on changes in the “wholesale power market,” but in practice failed to decrease its variable rate when wholesale market rates went down. The lawsuit further alleges that Discount Power’s variable rate customers suffered monetary damages as a result of this alleged misconduct. Discount Power denies all of Plaintiffs’ claims and says that it did nothing wrong. Discount Power specifically states that it followed all terms of its contract with customers, and that Plaintiffs’ claims are without factual or legal merit.
The Court decided that the Settlement Class includes all individual residential and small business consumers enrolled (either initially or through “rolling over” from a fixed rate plan) in a Discount Power variable rate electric plan in connection with a property located within Connecticut at any time from June 1, 2013, through and including July 31, 2016.
Discount Power no longer offers new residential customers the ability to purchase electricity at variable rates and has no present plan or intention of doing so in the future. Any current residential customers on a variable rate plan are, by law, given notice of the forthcoming variable rates two months in advance, and are permitted to switch to a fixed rate program, or change resellers altogether, before they are charged the disclosed variable rate.
Who’s Eligible
Class Members of the Discount Power settlement include all individual residential and small business consumers enrolled (either initially or through “rolling over” from a fixed rate plan) in a Discount Power variable rate electric plan in connection with a property in Connecticut at any time between June 1, 2013 and July 31, 2016.
Potential Award
Varies.
The amount each claimant will receive depends on the amount of variable rate electricity they used during the Class Period as a percentage of variable rate electricity used by all claimants during the Class Period. The amount may be reduced on a pro rata basis depending on the number of claims filed.
Proof of Purchase
N/A. Class Members may need to provide their CL&P, Eversource or United Illuminating electric utility account number for the account in which they enrolled in Discount Power’s electricity supply services.
Claim Form Deadline
3/10/2017
Case Name
Chandler, et al. v Discount Power Inc., Case No. HHD-CV-14-6055537-S, in the State of Connecticut Superior Court, Judicial District of Hartford
Final Hearing
3/27/2017
Settlement Website
Claims Administrator
Discount Power Settlement
c/o Kurtzman Carson Consultants (KCC)
P.O. Box 43034
Providence, RI 02940-3034
1-877-435-2043
[email protected]
Class Counsel
Seth R. Klein
Robert A. Izard
IZARD KINDALL & RAABLE LLP
Defense Counsel
James Shearin
David Atkins
PULLMAN & COMLEY LLC
