NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
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)
The Notice is to inform you of a proposed class action settlement of the above-captioned lawsuits. DIRECT ENERGY SERVICES, LLC (“Direct Energy” or “Defendant”) customers who received residential variable rate electricity supply service may be eligible for an average cash benefit of $135. This settlement is on behalf of all persons who enrolled in a fixed rate plan with NYSEG Solutions, LLC (“NYSEG Solutions”) or Energetix, Inc. (“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.
Important Dates
March 22, 2022 — Claim Form Deadline
March 22, 2022 — Exclusion Deadline
March 22, 2022 — Objection Deadline
April 5, 2022 at 2 p.m. — Fairness Hearing
- 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 subsequently transitioned to a variable rate under a Direct Energy contract are excluded from this proposed class action settlement.
- The Notice affects Class Members’ legal rights and is given to you pursuant to Rule 23 of the Federal Rules of Civil Procedure. Please read this document carefully. IF YOU ARE A MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS WEBSITE CAREFULLY BECAUSE IT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT: | |
|---|---|
SUBMIT A CLAIM FORM |
This is the only way to get a Settlement Payment under the Settlement. Submit an online Claim Form here by using the login information on the front of the postcard mailed to you. You can also download a Claim Form to submit by mail or receive one by calling 1-888-259-4459. You can also submit the postage prepaid claim form that was provided with the postcard notice you received. |
EXCLUDE YOURSELF |
If you exclude yourself from the Settlement, you will not receive a Settlement Payment under the Settlement. Excluding yourself is the only option that allows you to ever bring or maintain your own lawsuit against NYSEG Solutions, Energetix, or Direct Energy regarding the allegations in the Action ever again. |
OBJECT |
You may write to the Court about why you object to (i.e., do not like) the Settlement and think it should not be approved. Filing an objection does not exclude you from the Settlement. |
DO NOTHING |
You will not receive a Settlement Payment under the Settlement. You will also give up your right to object to the Settlement and you will be not be able to be part of any other lawsuit about the legal claims in the Action. |
- These rights and options—and the deadlines to exercise them—are explained in more detail below.
- The Court in charge of this Action has preliminarily approved the Settlement and must decide whether to give final approval to the Settlement. The relief provided to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement. Please be patient.