Edwards v. North American Power & Gas, LLC

Frequently Asked Questions

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Questions

Answers

1. Why did I get the notice?

Answer:

You received the Notice because a Settlement has been reached between the parties.  According to NAPG’s available records, you are a member of the Settlement Class and may be eligible for the relief detailed below. 

The Notice explains the nature of the Action, the general terms of the proposed Settlement, and your legal rights and obligations. The Notice can be found in the Important Documents section on this website.

 

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2. What are the lawsuits about?

Answer:

This settlement resolves several similar class actions against NAPG, entitled Edwards v. North American Power & Gas LLC (D. Conn); Fritz v. North American Power & Gas LLC (D. Conn); Arcaro v. North American Power & Gas LLC (D. Conn); Tully v. North American Power & Gas LLC (D. Conn); and Zahn v. North American Power & Gas LLC (N.D. Ill.).  Plaintiffs Paul Edwards, Gerry Wendrovsky, Sandra Desrosiers, Linda Soffron, John Arcaro, Michael Tully, David Fritz, and Peggy Zahn (the “Representative Plaintiffs”) filed lawsuits against NAPG on behalf of themselves and all others similarly situated.  The lawsuits allege that NAPG made misleading representations, contrary to its obligations under applicable laws.  Plaintiffs also allege that NAPG’s rates were not, as it claimed in its consumer contracts, based on market related factors or prevailing market rates.  

NAPG denies each and every one of the allegations of unlawful conduct and contends that its rates were adequately disclosed and reasonably related to the relevant markets for electric and gas service.

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

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3. Why is this a class action?

Answer:

In a class action lawsuit, one or more people called “Class Representatives” (in this case, Paul Edwards, Gerry Wendrovsky, Sandra Desrosiers, Linda Soffron, John Arcaro, Michael Tully, David Fritz and Peggy Zahn) sue 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 this case, NAPG, is called the Defendant.

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4. Why is there a Settlement?

Answer:

The Class Representatives have made claims against NAPG.  NAPG denies that it has done anything wrong or illegal and admits no liability.  The Court has not decided that the Representative Plaintiffs or NAPG should win the lawsuits.  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.

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

Answer:

The Court has decided that everyone who fits this description is a Class Member for purposes of the proposed Settlement:  all persons who at any time from February 20, 2012 to June 5, 2017, were customers of NAPG and paid NAPG variable rates for electricity and/or natural gas in Connecticut, Illinois, Maryland, Maine, New Hampshire, New Jersey, Ohio, Pennsylvania, Rhode Island, Georgia or Texas.  Excluded from the Class are NAPG; any of its parents, subsidiaries, or affiliates; any entity controlled by any of them; any officer, director, employee, legal representative, predecessor, successor, or assignee of NAPG; any customers enrolled in a NAPG affinity program; any person who has previously released claims that will be released by this Settlement; and federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof) and the judges to whom the Actions are assigned and any members of their immediate families.

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

Answer:

If you are still not sure whether you are included, you can contact the Settlement Administrator for free help about whether you are a Class Member.  The email address of the Settlement Administrator is contact@electricityandgassettlement.com, the U.S. postal (mailing) address is Edwards v. North American Power and Gas, c/o Settlement Administrator, PO Box 59329, Philadelphia, PA 19102-9329 and the toll-free telephone number is 1-844-271-4787 

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

Answer:

Each Class Member may elect to receive a Individual Settlement Amount in the form of a check.  The average cash benefit is $2.87 for each month a Class Member was an NAPG customer during the Class Period.  Your actual benefit will vary depending upon your usage of NAPG service during the Class Period. The specific amount of a customer’s check will be calculated this way: the customer will receive a cash benefit of $.00351 per kilowatt hour for electric supply service received and/or $.0195 per therm for natural gas supply service received from NAPG while on a variable rate plan during the Class Period. For example, a customer who used 5,000 kWh of electric supply service will receive a check in the amount of $17.55.  However, the minimum total payment per valid claim will be $2.00. If the total value of all claims submitted exceeds $16,053,000, then each customer’s cash payment will be reduced proportionately.

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 NAPG on the same or any related claims.  The proposed settlement does not mean that any law was violated or that NAPG did anything wrong.  Plaintiffs and Class Counsel think the proposed settlement is fair, and in the best interests of all Class Members.

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8. How can I get a Settlement Payment?

Answer:

To qualify for an Individual Settlement Amount, you must send in a Claim Form by the deadline. You can submit an Online Claim Form, or you can download a  Paper Claim Form from the Important Documents section on this website.  Read the instructions carefully and complete the form. Claim Forms must be submitted electronically no later than 11:59 p.m. (Eastern) on June 26, 2018, or paper Claim Forms postmarked on or before June 26, 2018, and mailed to the Settlement Administrator.

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9. When will I get a Settlement Payment?

Answer:

As described in Questions 17 and 18 below, the Court will hold a hearing on August 1, 2018 at 10 a.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 case on this settlement website.

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10. Do I have a lawyer in this case?

Answer:

The Court has ordered that the law firms of Izard, Kindall & Raabe, LLP, Finkelstein, Blankinship, Frei-Pearson & Garber LLP, Mazie Slater Katz & Freeman, LLC, and McCune Wright Arevalo, LLP (“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.  

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11. How will the lawyers be paid?

Answer:

NAPG has agreed to pay Class Counsel’s attorneys’ fees and costs up to $3,669,000, subject to approval by the Court.  You will not be required to pay any attorneys’ fees or costs for Class Counsel’s attorneys’ fees and costs.

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12. Will the Class Representatives receive any compensation for their efforts in bringing this Action?

Answer:

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

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

Answer:

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against NAPG.  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 NAPG regarding the allegations in the lawsuits.  The Settlement Agreement, available on this website contains the full terms of the release.

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14. How do I exclude myself from the Settlement?

Answer:

Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to Opt-Out postmarked on or before June 26, 2018, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for NAPG. 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 NAPG 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 NAPG based on the conduct complained of in the lawsuits.

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

Answer:

At 10:00 a.m. on August 1, 2018 in the Brien McMahon Federal Building, United States Courthouse, 915 Lafayette Boulevard, Bridgeport, Connecticut 06604, 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 Enhancement Awards to the Class Representatives.

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 NAPG’s Counsel listed below, postmarked no later than June 26, 2018. 

 

COURT

CLASS COUNSEL

NAPG’S COUNSEL

 

Clerk of the Court

Brien McMahon Federal Building

United States Courthouse

915 Lafayette Boulevard

Suite 417

Bridgeport, Connecticut 06604


 

Seth R. Klein

Izard Kindall & Raabe, LLP

29 South Main St.

St. 305

West Hartford, CT 06107

(860) 493-6292

       

Todd Garber

Finkelstein, Blankinship, Frei-Pearson & Garber LLP

445 Hamilton Avenue

Suite 605       

White Plains, NY 10601

(914) 298-3281

 

Peter George Siachos Gordon & Rees, LLP

18 Columbia Turnpike     

Suite 220

Florham Park, NJ 07932

 

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; (e) provide all information requested on the Claim Form. In addition, any Settlement Class Member objecting to the Settlement shall 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, he/she or it 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.”  

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

Answer:

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.

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17. What is the Fairness Hearing?

Answer:

The Court has preliminarily approved the Settlement and will hold a 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 Enhancement Awards to the Class Representatives.  

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18. When and where is the Fairness Hearing?

Answer:

The Court will hold a Fairness Hearing (also known as a “Final Approval Hearing”) at 10 a.m. on August 1, 2018 in the Brien McMahon Federal Building, United States Courthouse, 915 Lafayette Boulevard, Bridgeport, Connecticut 06604.  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.

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19. May I speak at the hearing?

Answer:

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 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.

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20. How do I get more information?

Answer:

To see a copy of the operative complaints filed in the lawsuits, the Settlement Agreement, the Court’s Preliminary Approval Order, and Class Counsel’s applications for final approval of the Settlement and attorneys’ fees and costs (once filed), and the operative complaints filed in the lawsuits, please visit the Documents page on this website. Alternatively, you may contact the Settlement Administrator at the email address: contact@electricityandgassettlement.com, the U.S. postal address (mailing):  Edwards v. North American Power and Gas, c/o Settlement Administrator PO Box 59329, Philadelphia, PA 19102-9329 or the toll-free telephone number 1-844-271-4787.  You may also contact Class Counsel as set forth in section 15 above. 

The description of these lawsuits is general and does not cover all of the issues and proceedings that have occurred.  In order to see the complete court file with regard to the Settlement and the underlying Edwards, Fritz, Arcaro and Tully actions, you should visit www.pacer.gov or the Clerk’s office at the Brien McMahon Federal Building, United States Courthouse, 915 Lafayette Boulevard, Bridgeport, Connecticut 06604.  The Clerk will tell you how to obtain the file for inspection and copying at your own expense.  Documents from the Zahn action are available from the Clerk of the Northern District of Illinois.

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

Answer:

Contact the Settlement Administrator at:

Edwards v. North American Power and Gas

c/o Settlement Administrator

PO Box 59329

Philadelphia, PA 19102-9329


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

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This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-271-4787

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline.

    Tuesday, June 26, 2018 You must complete and mail your request for exclusion form so that it is postmarked no later than Tuesday, June 26, 2018.
  • Objection Deadline.

    Tuesday, June 26, 2018 You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Tuesday, June 26, 2018.
  • Claim Form Deadline.

    Tuesday, June 26, 2018 You must submit your Claim Form online no later than Tuesday, June 26, 2018, or mail your completed paper Claim Form so that it is postmarked no later than Tuesday, June 26, 2018.
  • Final Approval Hearing Date.

    Wednesday, August 1, 2018 The Final Approval Hearing is scheduled for Wednesday, August 1, 2018, at 10:00 a.m. Please check this website for updates.

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