Linda Stanley v. Direct Energy Service, LLC.

Frequently Asked Questions

1. BACKGROUND INFORMATION

1. What is the notice about?

   The Notice explains the nature of the Action, the general terms of the proposed Settlement, and Class Members’ legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in the Notice), see FAQ 20 below.

2. What is the lawsuit about?

   This settlement resolves a class action against Direct Energy, entitled Stanley v. Direct Energy Services, LLC, No. 7:19-cv-03759-KMK (S.D.N.Y.). Plaintiff Linda Stanley (the “Representative Plaintiff”) sued Direct Energy individually and on behalf of all others similarly situated. She alleges that Direct Energy set its variable rates for electricity supply for legacy NYSEG Solutions and Energetix customers contrary to its obligations under its contracts and applicable laws. Direct Energy denies any and all liability and/or any wrongdoing alleged.

   The issuance of the Notice is not an expression of the Court’s opinion on the merits or the lack of merits of the Representative Plaintiff’s claims in the lawsuits.

   For information about how to learn about what has happened in the lawsuit to date, please see FAQ 20 below.

3. Why is the lawsuit a class action?

   In a class action lawsuit, one or more people called “Representative Plaintiff(s)” (in the Action, Linda Stanley) sue individually and on behalf of other people who have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in the Action, Direct Energy, is called the Defendant.

4. Why is there a Settlement?

   The Representative Plaintiff has made claims against Direct Energy. Direct Energy denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Representative Plaintiff or Direct Energy should win the lawsuit. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

5. How do I know if I am part of the Settlement?

   The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement: all persons who enrolled in a fixed rate with NYSEG Solutions or Energetix, were later transitioned to a monthly variable rate, and paid Direct Energy variable rates for electricity supply on or after April 1, 2013 following Direct Energy’s acquisition of NYSEG Solutions and Energetix. The applicable statute of limitations period begins on April 1, 2013 and ends on November 16, 2021.

   Excluded from the Settlement Class are: any non-residential customers; any Person who enrolled in, and remained exclusively in, a variable-rate plan; any NYSEG Solutions or Energetix customers who later enrolled in a fixed-rate plan with Direct Energy on a Direct Energy contract (as opposed to a NYSEG Solutions or Energetix contract) and who subsequently transitioned to a variable rate under a Direct Energy contract; any customers of Direct Energy’s parents, subsidiaries, or affiliates excluding NYSEG Solutions or Energetix; Direct Energy Services, LLC and any of its parents, subsidiaries, or affiliates; any entity controlled by either of them; any officer, director, employee, legal representative, predecessor, successor, or assignee of Direct Energy Services, LLC; any person who has previously released claims that will be released by this Settlement; federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof) and the judge(s) to whom the Stanley Action is assigned and any member of his or her immediate family.

6. I’m still not sure if I am included.

   If you are still not sure whether you are included, you can contact the Claims Administrator for free help about whether you are a Class Member. The email address of the Claims Administrator is Info@NYSEGandEnergetixSettlement.com, the U.S. postal (mailing) address is NYSEG Solutions and Energetix Variable Rate Plan Settlement c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, and the toll-free telephone number is 888-259-4459. Please click here to determine if you are included.

7. THE PROPOSED SETTLEMENT

7. What relief does the Settlement provide to the Class Members?

   Each Class Member who makes a claim will receive a Settlement Payment in the form of a check or electronic transfer. The average cash benefit is $135 for each class member who received variable-rate electric supply service from Direct Energy. Your actual benefit will vary depending upon your usage of Direct Energy service during the Class Period. The specific amount of a customer’s payment will be calculated this way: the customer will receive a cash benefit of $.0056 per kilowatt hour for electric supply service received from NYSEG Solutions, Energetix, or Direct Energy during the Class Period while on a monthly variable-rate plan following the Class Member’s transition from a fixed-rate plan. For example, a customer who used 5,000 kWh of electricity while on a variable-rate plan will receive a check in the amount of $28.

   In exchange for the relief outlined above, class members who do not opt out of the settlement (as described below) will relinquish their right to bring claims on their own behalf, including claims for monetary relief, and Class Members will not be able to sue NYSEG Solutions, Energetix, or Direct Energy on the same or any related claims. The proposed settlement does not mean that any law was violated or that NYSEG Solutions, Energetix or Direct Energy did anything wrong. Plaintiff and Class Counsel think the proposed settlement is fair and in the best interests of all Class members.

8. HOW TO REQUEST A SETTLEMENT PAYMENT – SUBMITTING A CLAIM

8. How can I get a Settlement Payment?

   To qualify for a Settlement Payment, you must submit a Claim Form by the deadline. A Claim Form is available by clicking HERE. You may also submit the postage prepaid claim form that came with the postcard sent to you regarding the settlement. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by March 22, 2022 or submit it online not later than 11:59 p.m. (Eastern) on March 22, 2022.

9. When will I get a Settlement Payment?

   As described in FAQ 17 and FAQ 18 below, the Court will hold a hearing on April 5, 2022 at 2 p.m., to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the Action on the website dedicated to the Settlement on this website. Please be patient.

10. THE LAWYERS IN THIS CASE AND THE REPRESENTATIVE PLAINTIFF

10. Do I have a lawyer in this case?

    The Court has ordered that the law firms of Finkelstein, Blankinship, Frei-Pearson & Garber LLP, and Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. (“Class Counsel”) will represent the interests of all Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

11. How will the lawyers be paid?

    Direct Energy has agreed to pay attorneys’ fees and litigation expenses of up to $2,250,000, subject to approval by the Court. You will not be required to pay any attorneys’ fees or costs. The Court will make the final decision as to the amount to be paid.

12. Will the Representative Plaintiff receive any compensation for her efforts in bringing the Action?

    The Representative Plaintiff Linda Stanley will request a service award (also known as “Named Plaintiff Enhancement Award”) of up to $5,000 for her services as class representative and efforts in bringing the lawsuits. The Court will make the final decision as to the amount to be paid to the Representative Plaintiff.

13. DISMISSAL OF ACTION AND RELEASE OF ALL CLAIMS

13. What am I giving up to obtain relief under the Settlement?

    If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against NYSEG Solutions, Energetix, and Direct Energy. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against those companies regarding the allegations in the Action. The Settlement Agreement, available on here and contains the full terms of the release.

14. HOW TO EXCLUDE YOURSELF FROM THE SETTLEMENT

14. How do I exclude myself from the Settlement?

    Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to Opt-Out on or before March 22, 2022, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Direct Energy. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include the following statement: “I/We request to Opt-Out from the settlement in the Stanley Action.” No Opt-Out request will be valid unless all of the information described above is included. If you timely request exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered, and you will not be precluded from prosecuting any timely, individual claim against NYSEG Solutions, Energetix, or Direct Energy based on the conduct complained of in the lawsuit.

15. HOW TO OBJECT TO THE SETTLEMENT

15. How do I tell the Court that I do not like the Settlement?

    At the date, time, and location stated in Section 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and a service award to the Representative Plaintiff.

    If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must submit a written objection to the Court, Class Counsel, and Direct Energy’s Counsel listed below, postmarked no later than March 22, 2022.

    COURT	CLASS COUNSEL	DIRECT ENERGY'S COUNSEL
    Clerk of Court The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas St. White Plains, NY 10601-4150	D. Greg Blankinship Todd Garber Chantal Khalil FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER LLP 1 North Broadway Suite 900 White Plains, NY 10601	Michael D. Matthews, Jr. MCDOWELL HETHERINGTON LLP 1001 Fannin Street Suite 2700 Houston, TX 77002

    Any Objection must (a) attach documents establishing, or provide information sufficient to allow the Parties to confirm that the objector is a Class Member; (b) include a statement of such Class Member’s specific Objection; (c) state the grounds for the Objection; (d) identify any documents such objector desires the Court to consider; and (e) provide all information requested on the Claim Form. In addition, any Settlement Class Member objecting to the Settlement must provide a list of all other Objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any Court in the United States in the previous five years. If the Settlement Class Member or his/her or its counsel has not objected to any other class action settlement in the United States in the previous five years, they shall affirmatively so state in the Objection. You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs.

    IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING.

    If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the Settlement Agreement. You are not required, however, to appear. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid written objection a statement substantially similar to “Notice of Intention to Appear.”

16. What is the difference between excluding myself and objecting to the Settlement?

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

17. FAIRNESS HEARING

17. What is the Fairness Hearing?

    The Court has preliminarily approved the Settlement and will hold a Fairness Hearing (also known as a “Final Approval Hearing”) to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for a service award to the Representative Plaintiff.

18. When and where is the Fairness Hearing?

    The Court will hold the Fairness Hearing at 2 p.m. on April 5, 2022 in Courtroom 521 of The Hon. Charles L. Brieant Jr., Federal Building and United States Courthouse, 300 Quarropas St., White Plains, NY 10601-4150. The hearing may be postponed to a different date or time or location without notice. Please check this website for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement website will be the only way you will be informed of the change. Plaintiff Linda Stanley requested that the Court approve the publication of the dial-in information for the final approving hearing on the class settlement website. That Request is approved. Meeting Dial-In Number (USA toll-free): (888) 363-4749. Access Code: 7702195 #SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/3/22)

19. May I speak at the hearing?

    At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

    You may attend, but you do not have to. As described above in FAQ 15, you may speak at the Fairness Hearing only if (a) you have timely served and filed an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.

    If you have requested exclusion from the Settlement, however, you may not speak at the Fairness Hearing.

20. ADDITIONAL INFORMATION

20. How do I get more information?

    To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative complaints filed in the lawsuits, please click here. Alternatively, you may contact the Claims Administrator at the email address: Info@NYSEGandEnergetixSettlement.com, the U.S. postal address (mailing): NYSEG Solutions and Energetix Variable Rate Plan Settlement c/o Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103, or the toll-free telephone number: 1-888-259-4459.

    The description of the lawsuit is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file you should visit www.pacer.gov or the Clerk’s office at 300 Quarropas St., White Plains, NY 10601-4150. The Clerk will tell you how to obtain the files for inspection and copying at your own expense.

21. What if my address or other information has changed or changes after I submit a Claim Form?

    Contact the Settlement Administrator at:

    NYSEG Solutions and Energetix Variable Rate Plan Settlement
    c/o Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103

    DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.