Who is a Class Member
Class members of the Viridian Energy Variable Rates Class Action Settlement include all current and former Viridian customers enrolled in a variable rate plan between July 1, 2009 and December 31, 2016.
There are two settlement Classes:
- Average Usage Class Members (customers with an average annual utilization rate of 25,000 or less kilowatt hours or 2,500 or less therms)
- Above-Average Usage Class Members (customers with an average annual utilization rate of more than 25,000 kilowatt hours or more than 2,500 therms).
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Your actual payment depends on the following:
- whether you are a gas or electric customer (or both)
- the amount of your energy usage
- how long you were a Viridian customer; and whether you elect to receive a cash payment by check, or a credit on your future bills if you are a current Viridian customer or sign up again for energy service from Viridian.
Cash Benefit Option
- Average Use Class Members: A cash payment of the greater of $5.00 or 65% of the “Calculated Amount” up to $425.
- Above-Average Use Class Members: A cash payment of the greater of $10 or 65% of the “Calculated Amount” up to $500.
Billing Credit Option
- Claimants who elect the billing credit option can receive a credit of $8.50 per month on their future Viridian Energy payments for one year (max $102). If you are a former customer electing this option, you will need to re-enroll within 180 days from the end of the Claim Period.
Note: “The “Calculated Amount” is the difference between the (i) actual payment made by each Class Member during the period in which the Class Member was enrolled in a Viridian variable rate electricity and/or gas plan during the Class Period based on Viridian’s records (or reasonable, good-faith estimates where records are incomplete or inconsistent), and (ii) amount the Class Member would have paid during that same period if the Class Member paid the Price to Compare (“PTC”), plus one cent ($0.01) per kilowatt hour/therm, plus a 20% margin.”
Proof of Purchase
Viridian Energy Variable Rates Settlement Notes
- Lori Sanborn, et al. v. Viridian Energy Inc., et al.
- Case No. 3:14-cv-01731 (SRU)
- Pending in U.S. District Court for the District of Connecticut
In November 2014, plaintiff Lori Sanborn initiated this class action lawsuit on behalf of Viridian Energy customers, alleging the company charges excessive variable rates for gas and electricity.
Specifically the Viridian Energy class action lawsuit claims customers were told their contracts with Viridian allowed for a variable rate charge that would fluctuate to reflect changes in the wholesale energy market. However, the plaintiffs contend that the variable rates Viridian charge them were not tied to the wholesale price for energy. Instead they claim that Viridian’s rates increased to match spikes in the underlying market price and remained at a elevated rate.
The settlement resolves years long litigation and more than a year of negotiations. While Viridian disputes the claims, both sides agreed to settle to avoid the costs and risks of further litigation. Complete details about the case and settlement are provided on the Viridian Energy Variable Rate settlement website.
Class members who wish to object to or exclude themselves from the Viridian Energy Variable Rates settlement must do so by May 15, 2018. Class members who wish to participate in the settlement must submit a claim form on or before June 14, 2018.
- 6/14/18: Claim Form Deadline
- 5/15/18: Objection or Exclusion Deadline
- 6/25/18: Final Hearing at 10:00 am ET* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.VariableRateSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: Sanborn, et al. v. Viridian Energy, Inc., P.O. Box 42779, Philadelphia, PA 19101-2779
- Phone: 1-844-491-5745
- Robert Izard, Craig Raabe, and Seth Klein of Izard Kindall & Raabe LLP
- Steven L. Wittels, J. Burkett McInturff, and Tiasha Palikovic of Wittels Law
- Jonathan Shub of Kohn Swift & Graft PC
- Daniel Hymowitz and Andre Belenky of Hymowitz Law Group PLLC
- Richard Greenfield of Greenfield & Goodman LLC and Cuneo Gilbert & LaDuca LLP PC