If you were a customer of Discount Power, Inc.’s variable rate electricity supply services between June 1, 2013, and July 31, 2016, you could receive a cash payment from a class action settlement.
A proposed settlement has been reached in a class action lawsuit captioned Chandler and Conover v. Discount Power, Inc., Case No. HHD-CV14-6055537-S in the Superior Court of the State of Connecticut. The lawsuit alleges that Discount Power, Inc. (“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. Discount Power denies all of Plaintiffs’ claims and says that it did nothing wrong. The Court has not ruled on the merits of Plaintiffs’ claims or Discount Power’s defenses.
Am I a Settlement Class Member? You may be a Settlement Class Member if you were 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.
What Does the Settlement Provide? Discount Power has agreed to pay a total of $850,000 into a Settlement Fund to pay cash awards to Settlement Class Members who file a valid claim, as well as (a) attorneys’ fees (not to exceed one-third of the Settlement Fund), as well as costs and expenses; (b) incentive payments to the two lead plaintiffs (not to exceed $2,000 each); and (c) third-party costs to provide notice and to administer the Settlement. If you are a Settlement Class Member, you may return a Claim Form to be eligible to receive a share of the Settlement Fund based upon the amount of variable rate electricity you used between June 1, 2013, and July 31, 2016 as a percentage of the total amount of variable rate electricity used by all claimants during that same period (excluding periods in which Discount Power’s procurement cost for electricity exceeded the variable price at which it sold that electricity). Further details are available in the Settlement Agreement.
What Are My Options? To ask for a cash payment, you must submit a Claim Form by March 10, 2017. You may fill out a Claim Form online or download a Claim Form that you can print and mail on this website. You can also request that a Claim Form be mailed to you by calling 1-877-435-2043. If you wish to exclude yourself from the Class, you must do so by February 27, 2017. If you exclude yourself, you cannot get money from this Settlement, but you will keep your right to sue Discount Power for the same legal claims in this lawsuit. If you do not exclude yourself from the Class, you may object to the Settlement by February 27, 2017. If you do nothing, file a Claim Form or object to the Settlement, you will be bound by all of the Court’s orders and judgments in this case and you will give up your right to sue Discount Power for the legal claims resolved by this Settlement and released by the Settlement Agreement.
A Court authorized the notice. Before any money is paid, the Court will hold a hearing on March 27, 2017 at the Connecticut Superior Court, Judicial District of Hartford, Court Room No. 400 , 95 Washington Street, Hartford, CT 06106 to decide whether to approve the Settlement and Settlement Class Counsel’s request for fees and expenses. You may appear at the hearing, but you do not have to. You may also hire your own attorney, at your own expense, to appear to speak for you at the hearing.
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