Readers could have seen your ad here when reading this story. Email
       Events        Jobs        Contact        Migration Stats        Supplier Lists        Municipal Aggregation

Lawyer Trawling For Participants In Class Action Suits Against Multiple Retail Suppliers

October 04,2017

West Philly Local reports on a lawyer seeking participants for various class action suits against a dozen or so retail suppliers

West Philly Local reports the lawyer intends to sue various suppliers for alleged breach of contract based on variable rate contracts which called for "market-based" pricing. The lawyer alleges the rates increase more than "market" forces would dictate

While determinations are dependent on the precise contract language, and if/how "market" was defined and/or if there was language that the price would vary based on market and other factors, courts have concluded that variable rates which exceed default service rates is not an indication that the variable rate is not competitive or market-based, and that claims that a rate was pitched as being set at the prevailing market rate during the sale process was undermined by language in a TOS allowing a supplier to change its rate at its discretion

A district court in a case more directly on point (and in which the same law firm that is now seeking more class action participants represented the plaintiff) had ruled that a rate whose TOS include language stating, "may vary dependent upon price fluctuations in the energy and capacity markets," did not require rates to only be set based on such wholesale market prices, because the TOS also said rates may vary at the supplier's discretion. However, an appeals court vacated and remanded such district court's judgment, and parties have reached a settlement agreement in principle (which has not yet been publicly filed) to resolve the matter

See West Philly Local for more

Pennsylvania   Litigation   Variable rates  

Comment on this story

NEW Jobs on
Executive Director -- Retail Supplier
Director/Manager Channel Sales -- Retail Supplier -- Houston
Director of Billing Operations
Analyst, Supply/Settlements -- Retail Supplier -- Houston
Manager of Supply -- Retail Provider -- Dallas

More Stories on
University Selects Affiliate Of Retail Supplier To Develop Solar Installation Providing 30% Of Needs
Pa. Supreme Court To Hear Appeal Of PUC Fine Against Retail Supplier
Letter: Pennsylvania Electric Deregulation Works for Biz, Consumers
PUC Encourages Consumers to Include Electric, Natural Gas Shopping on Black Friday 'To Do' Lists
Pennsylvania Adopts State Budget With No PJM Transaction Tax

comments powered by Disqus

Advertise here:

Events Jobs Contact Migration Stats Supplier Lists Municipal Aggregation

About Disclaimer Privacy Terms of Service


Developed by: Avidweb Technologies inc.