You are considered a class member if you had service from Duke Energy Corp. at any time from January 1, 2005 to December 31, 2008. You may also have had service with Cinergy Corp. Or any of the subsidiaries of Duke Energy Corp. or Cinergy Corp. You should have gotten retail electric generation service from them. You are part of this case if you did not get any rebates on any side agreements. The name of this lawsuit is Anthony Williams, et al. v. Duke Energy International, Inc., et al. The case number is 1:08-cv-00046. The allegation here is that the defendants paid rebates unlawfully. this was done through an affiliate. This went to 24 customers who were either large industrial customers or large commercial customers.
The total value of the Duke Energy Antitrust Class Action Lawsuit Settlement fund is $80,875,000. The minimum payment that you will receive as a residential ratepayer is about $40. The maximum amount that you will get is about $400. If you are a non-residential ratepayer, you will get a fixed amount or even a variable amount. This will be based on your usage. The minimum that you would get as a non-residential ratepayer is about $200. The maximum amount that you would get is about $4,000. These amounts both for the residential and non-residential ratepayers will be for those who were ratepayers for the total duration of the class period. For those who were ratepayers for less than the entire duration of the class period will be about $10 or more. If you are not sure what you will get, you can contact the settlement administrator. The contact information can be found on the www.DukeClassAction.com site. You may also find this information in the class notice.
In order to get the money, you will have to fill out a Duke Energy Antitrust Class Action Lawsuit Settlement claim form. You will have to fill out separate claim forms depending on whether you are a residential ratepayer or a non-residential ratepayer. Both forms must be sent in by April 13, 2016 in order to be eligible to get payment. You can either fill out the online form you can fill out the paper version of the claim form. If you are filling out the online claim form, you can do it in one of two ways. If you have your claim number and also your control number, then you can sign in. So what you will do is enter your claim number. Then you will enter your control number. Then there is a word verification that you will have to fill out. Then you click on Sign In. If you do not have your claim number and your control number, then you will have to fill out the word verification and then click on File a Claim. If you would rather just fill out a paper version, you will need to download the claim form from the www.DukeClassAction.com site if you did not get one in the mail.
The claim form is very easy to fill out. You will first need to enter the address of the property where you got the Cinergy or Duke services. You will also have to enter the approximate time period that you got the services. So you will enter the from date – just month and year – and also the to date – just month and year. You will then select whether you are making a residential claim or a non-residential claim. Then provide your name and current mailing address. You will then have to sign and date the claim form. By signing, you are declaring under penalty of perjury that you are providing true information and that you are not making more than one claim or duplicative claims.
So if you file a claim form, you will get your payments from a settlement fund that will not be more than $25,000,000 for each ratepayer. This means that the residential ratepayer will be paid from a settlement fund that will not be more than $25 million. The same is true of the non-residential ratepayer who will also get their payments from a settlement fund that will not be more than $25 million. In addition, both types of class members may get benefits from other programs such as the Class Benefit Fund. This fund amounts to $8 million.
If you filed an accurate and timely claim form, you will get your money in the form of a check which will be mailed to you. Your claim form will be carefully reviewed before the payment is sent out to you. If you feel that you are eligible to get more than one claim, then you will have to file separate claim forms for each claim. So this means that you can file a residential ratepayer claim and you can also file a non-residential ratepayer claim. This could be for the same address or for different addresses.
You will have to write to the settlement administrator if your address has changed or if your name has changed since you filed the claim form. You will have to send this information in by April 13, 2016. The settlement administrator mailing address can be found online at the settlement website. You should also include your claim number and also your control number in the letter if you got the notice in the mail. If the person who is eligible to get payment from this case has died, you will also need to contact the settlement administrator to let them know. Also if you are filing on behalf of someone else, you will have to provide some form of certification or document showing your authority to act on behalf of the class member. This too must be sent in by April 13 2016.
If you decide to do nothing, you will get nothing from this case. So if you want the money, you will have to file a claim form. If you do not want the money but want to be able to sue the company, then you will need to opt out of the settlement. If you wish to object, then you will have to write a letter. If you wish to appear in court during the fairness hearing, you will also have to write to the court. All the information on how to do each one of these can be found on the settlement website.
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