Discount Power Settlement

Frequently Asked Questions

  1. Why is this Notice being provided?
  2. What is this lawsuit about?
  3. Why is this a class action?
  4. Why is there a settlement?
  5. How do I know if I am part of the settlement?
  6. Are there exceptions to being included?
  7. What if I am not sure whether I am included in the Settlement?
  8. What does the Settlement Provide?
  9. How will the claims be decided?
  10. How do I ask for a payment?
  11. When will I get my payment?
  12. What am I giving up to get a payment?
  13. If I exclude myself, can I get anything from this settlement?
  14. If I do not exclude myself, can I sue later?
  15. How do I get out of the settlement?
  16. Do I have a lawyer in the case?
  17. How will the lawyers be paid?
  18. How do I tell the Court if I do not like the settlement?
  19. What is the difference between objecting and asking to be excluded?
  20. When and where will the Court decide whether to approve the settlement?
  21. Do I have to come to the hearing?
  22. May I speak at the hearing?
  23. What happens if I do nothing?
  24. How do I get more information?
  1. Why is this Notice being provided?

    A Court authorized this Notice because you have a right to know about a proposed settlement of this class
    action lawsuit and about all of your options before the Court decides whether to give “final approval” to the
    settlement. This Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who
    may be eligible for those benefits, and how to get them.

    Judge Ingrid Moll of the Complex Litigation Docket of the State of Connecticut Superior Court, Judicial
    District of Hartford, is overseeing this class action. The case is known as Chandler and Conover v. Discount
    Power, Inc., Case No. HHD-CV-14-6055537-S, filed on November 20, 2014.

    The people who sued are called “Plaintiffs,” and the company they sued, Discount Power, is
    called “Defendant.”

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  2. What is this lawsuit about?

    The lawsuit alleges that 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. The lawsuit further alleges that Discount Power’s variable rate customers suffered monetary damages as a result of this alleged misconduct.

    Discount Power denies all of Plaintiffs’ claims and says that it did nothing wrong. Discount Power specifically states that it followed all terms of its contract with customers, and that Plaintiffs’ claims are without factual or legal merit.

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  3. Why is this a class action?

    In a class action, one or more people called “Settlement Class Representatives” (in this case Holly Chandler and Devon Ann Conover) sue on behalf of people who have similar claims. All of these people are a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all Class Members, except for those who timely exclude themselves from the Class.

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  4. Why is there a settlement?

    The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to settle this case to avoid the cost and risk of a trial. The proposed settlement does not mean that any law was broken or that the Defendant did anything wrong. Defendant denies all legal claims in this case. Settlement Class Representatives and their lawyers think the proposed settlement is best for all Settlement Class Members.

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

    The Court decided that the Settlement Class includes all individual residential and small business consumers 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. Discount Power no longer offers new residential customers the ability to purchase electricity at variable rates and has no present plan or intention of doing so in the future. Any current residential customers on a variable rate plan are, by law, given notice of the forthcoming variable rates two months in advance, and are permitted to switch to a fixed rate program, or change resellers altogether, before they are charged the disclosed variable rate.

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  6. Are there exceptions to being included?

    Yes. The following are not included in the settlement: Discount Power, the officers, directors and employees of Discount Power; any entity in which Discount Power has a controlling interest; any affiliate or legal representative of Discount Power; the judge to whom this case is assigned and any member of the judge’s immediate family; any heirs, assigns and successors of any of the above persons or organizations in their capacity as such; and anyone who timely submits a valid request to be excluded from the Settlement Class.

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  7. What if I am not sure whether I am included in the Settlement?

    If you are not sure whether you are in the Settlement Class, or have any other questions about the settlement, call the toll free number, 1-877-435-2043.

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  8. What does the Settlement Provide?

    Discount Power has agreed to pay a total of $850,000 into a Settlement Fund in three installments, with the final installment payable no later than December 31, 2018.  The Settlement Fund will pay cash awards to Class Members who have filed a valid claim, as well as (a) attorneys’ fees, costs, and expenses; (b) incentive payments to the lead plaintiffs; and (c) third party costs to provide notice and to administer the settlement. Details on all of the settlement benefits are in the Settlement Agreement, which is available at on this website.

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  9. How will the claims be decided?

    Upon being fully funded, individual Discount Power customers who have filed a Claim Form (“claimants”) will be eligible to receive a share of the Settlement Fund based upon the amount of variable rate electricity used by that claimant 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), as set forth in Discount Power’s internal records.  In the event that claims made exceed the value of the net Settlement Fund after deducting all Settlement Costs (including the costs of notice and administration of the settlement and attorneys’ fees and costs incurred by Class Counsel and incentive awards for the Lead Plaintiffs as may be approved by the Court), each claimant would receive a pro rata share of the net Settlement Fund based on his or her calculated loss.  Because each potential claimant used a different amount of electricity and because we do not know the number of eligible claimants who will file valid claims, we cannot estimate the per-person recovery.  However, claimants whose calculated loss totals less than $3 will not receive any payment.

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  10. How do I ask for a payment?

    To ask for a payment you must complete and submit a Claim Form.  You may visit this website to fill out a Claim Form online or to download a Claim Form that you can print.  You can also request that a Claim Form be mailed to you by calling 1-877-435-2043.
    The deadline to file your claim online is March 10, 2017.  If filing a paper claim, you must mail your Claim Form postmarked no later than March 10, 2017 to:

    Chandler v. Discount Power Claims Administrator
    PO Box 43034
    Providence, RI 02940-9941

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  11. When will I get my payment?

    Claimants who submit valid Claim Forms will receive payments by mail.  Discount Power customers who do not submit Claim Forms will not receive a payment.  Payments will only be made only if the Court grants “final approval” to the settlement and after any appeals are resolved (see “The Court’s Fairness Hearing,” in the Notice).  It is uncertain when any appeals made will be resolved, and resolving them can take time.

    Under the terms of the Settlement Agreement, Discount Power will deposit the $850,000 Settlement Fund into an escrow account in three installments, with the final installment payable no later than December 31, 2018.  Assuming the Court grants “final approval” to the settlement, payment will be made to claimants only after the escrow account is fully funded.  Payment will be made at that point as soon as practicable. Please be patient.

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  12. What am I giving up to get a payment?

    If the settlement becomes final, Settlement Class Members who submit Claim Forms or do nothing at all will be releasing Discount Power from all of the claims described and identified in paragraphs 35-38 of the Settlement Agreement. This means you will no longer be able to sue Discount Power regarding any of the claims described in the Settlement Agreement.

    The Settlement Agreement is available on this website. The Settlement Agreement provides more details regarding the release and describes the Released Claims and Released Parties with specific descriptions in necessary, accurate legal terminology, so read it carefully. You can talk to the law firms representing the Settlement Class listed in the section “The Lawyers Representing You” for free or you can, at your own expense, talk to your own lawyer if you have any questions about the Released Claims or what they mean.

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  13. If I exclude myself, can I get anything from this settlement?

    No. If you exclude yourself, you may not apply for any benefits under the settlement and you cannot object to the proposed settlement. If you ask to be excluded, however, you may sue or be part of a different lawsuit against Discount Power in the future. You will not be bound by anything that happens in this lawsuit.

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  14. If I do not exclude myself, can I sue later?

    No.  Unless you exclude yourself, you give up the right to sue Discount Power for all of the claims that the proposed settlement resolves. You must exclude yourself from this Settlement Class to start your own lawsuit or be part of any different lawsuit relating to the claims in this case.

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  15. How do I get out of the settlement?

    To exclude yourself from the proposed settlement, you must send a letter or other written document by mail saying that you want to be excluded from Chandler v. Discount Power and you must list your CL&P, Eversource or UI account number(s).  In addition, your exclusion request must include, for each account listed:

    (1)        The full names and current addresses of everyone whose name is on the account.

    (2)        A statement that everyone whose name is on the account satisfies the criteria set forth above to be a Settlement Class Member.

    (3)        A statement of intention to exclude everyone whose name is on the account from the Settlement Class.

    (4)        The signature of everyone whose name is on the account.

    Be sure to include your full name, address, signature, and date.  You must mail your request for exclusion postmarked by February 27, 2017 to:

    Chandler v. Discount Power Claims Administrator

    PO Box 43034

    Providence, RI 02940-9941

    You cannot ask to be excluded on the phone, by email, or at the website.

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  16. Do I have a lawyer in the case?

    The Court appointed Izard Kindall & Raabe LLP, West Hartford, CT, 860-493-6292 as “Settlement Class Counsel” to represent you and other Settlement Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

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  17. How will the lawyers be paid?

    Settlement Class Counsel will ask the Court for attorney’s fees not to exceed 25%, along with payment of reasonable costs and expenses. Settlement Class Counsel will also request an incentive payment of $2,000 to each Class Representative for their services on behalf of the Settlement Class.  The Court will award amounts it deems appropriate.  Payments approved by the Court will be made from the Settlement Fund.

    Please visit this website for additional detail on Settlement Class Counsel’s attorney’s fee request.

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  18. How do I tell the Court if I do not like the settlement?

    You can object to the settlement if you do not like some part of it.  You must give reasons why you think the Court should not approve the settlement. To object, send a letter saying that you object to the proposed settlement in Chandler v. Discount Power, Case No. X03 HHD-CV14-6055537-S. You must include:

    (1)        your full name, address, and telephone number;

    (2)        all reasons for the objection;

    (3)        the names of all attorneys representing you, if any;

    (4)        the names of all attorneys representing you who will appear at the Fairness Hearing (see “The Court’s Fairness Hearing,” in the Notice), if any;

    (5)        a list of all people you will call to testify at the Fairness Hearing, if any;

    (6)        a statement saying whether you will appear and/or testify at the Fairness Hearing; and

    (7)        your signature or the signature of your duly authorized attorney or other duly authorized representative (along with documentation of such representation).

    Mail the objection to each of the following three addresses so that it is postmarked no later than February 27, 2017.

    COURTSETTLEMENT
    CLASS COUNSEL
    DEFENDANT'S COUNSEL
    Chief Clerk’s Office
    Hartford Judicial District
    State of Connecticut
    Superior Court
    95 Washington Street
    Hartford, CT 06106
    Seth R. Klein, Esq.
    Izard Kindall & Raabe LLP
    29 South Main Street
    Suite 305
    West Hartford, CT 06107
    James Shearin, Esq.
    David Atkins, Esq.
    Pullman & Comley LLC
    850 Main Street
    P.O. Box 7006
    Bridgeport, CT 06601

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  19. What is the difference between objecting and asking to be excluded?

    Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object to the settlement and you will not be eligible to apply for any benefits under the settlement because the case no longer affects you.

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  20. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Fairness Hearing at 10:00 a.m. on March 27, 2017, at the Connecticut Superior Court, Judicial District of Hartford, Court Room No. 400, 95 Washington Street, Hartford, CT 06106. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court may also consider Settlement Class Counsel’s request for attorneys’ fees, costs, and expenses, and incentive awards. If there are objections, the Court will consider them. After the Fairness Hearing, the Court will decide whether to approve the proposed settlement and how much to award to Settlement Class Counsel as fees, costs, and expenses, and incentive awards.

    The Fairness Hearing may be moved to a different date without additional notice, so it is recommended that you periodically check this website for updated information.

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  21. Do I have to come to the hearing?

    No. Settlement Class Counsel will answer any questions the Court may have.  However, you are welcome to attend the hearing at your own expense. If you send in a written objection, you do not have to come to the Fairness Hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend the Fairness Hearing, but their attendance is not necessary.

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  22. May I speak at the hearing?

    Yes.  To speak at the Fairness Hearing, you must send a letter or other written document saying that it is your “Notice of Intent to Appear” in Chandler v. Discount Power, Case No. X03 HHD-CV14-6055537-S. Be sure to include your name, address, telephone number, and your signature. You also must include information about what you intend to say at the hearing.  If you intend to have your attorney represent you at the hearing, please indicate this and provide the full name and contact information for your attorney.  Also, please list anyone you or your attorney will call to testify at the hearing. Please send copies of your “Notice of Intent to Appear” to the Court, Settlement Class Counsel, and Defendant’s Counsel as listed in Question 18 above. It must be postmarked no later than February 27, 2017. You cannot speak at the hearing if you exclude yourself from the settlement.

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  23. What happens if I do nothing?

    Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Discount Power about the claims in this case, ever again.

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  24. How do I get more information?

    This Notice summarizes the proposed settlement.  More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement on this website.  You also may call with questions or have a Claim Form mailed to you by calling 1-877-435-2043.  In addition, you may direct questions to Settlement Class Counsel (Izard Kindall & Raabe LLP) at 860-493-6292.

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