Compensation Available for Pensacola Natural Gas Customers Affected by Class Action Settlement
In a recent development, natural gas customers of Pensacola, known as Pensacola Energy or Energy Services of Pensacola, may be eligible for monetary compensation stemming from a significant class action lawsuit settlement. This settlement pertains to the case Eric L. Frank v. City of Pensacola, which centers around allegations that the City improperly charged franchise fees to its natural gas customers within city limits.
The lawsuit contends two primary points regarding the handling of franchise fees. Firstly, it claims that City staff lacked the authority to transfer costs of franchise fees to the customers. These fees were intended to be collected solely from the city’s gas utility department. Secondly, the lawsuit argues that the franchise fees were improperly categorized as municipal user fees; instead, they should be deemed unconstitutional taxes under Florida's Tax Preemption Doctrine.
Moreover, the City had also imposed Utility Service Taxes on these franchise fees. Given that the charges were considered improper, customers are entitled to refunds on these utility service taxes as well.
The final judgment in this case has approved a settlement amounting to $12.6 million designated for current and former natural gas customers. For those still receiving gas services (termed Existing Customers), checks representing their entitled portions will be automatically mailed to them without the need for any action. Alternatively, former customers (tenure ended before the settlement) will need to submit a claim to receive their compensation. Valid claims will be processed expeditiously following the identification verification by the Settlement Administrator.
Former Customers must fill out and submit a Claim Form with necessary documentation via mail or online, which should be done within one year post the administrator’s initial Notification Process. Further details regarding the settlement, including claim forms, are accessible on the official class action settlement website at www.PensacolaNaturalGasClassActionSettlement.com.
By accepting the settlement payments, Class Members agree to release the City from any further claims related to the subject matter of the lawsuit. Details surrounding the release are outlined in the Settlement Agreement available on the class action website.
For Existing Customers, failing to take any action ensures that they will automatically receive their payments. Conversely, Former Customers not engaged in the claims process will forfeit their eligibility for settlement benefits. Additionally, not asserting a claim will mean they cannot initiate or join any lawsuit against the city regarding matters covered by this lawsuit.
This summary provides an overview of the settlement. For comprehensive information, including the Settlement Agreement and necessary documents, please visit the class action settlement site or contact the Kroll Settlement Administration at (833) 890-3973 for further guidance.
In conclusion, if you were a natural gas customer in Pensacola during the relevant time frame, it's advisable to familiarize yourself with the settlement’s provisions and take the necessary steps to ensure you receive any compensation you're entitled to.
Background of the Lawsuit
The lawsuit contends two primary points regarding the handling of franchise fees. Firstly, it claims that City staff lacked the authority to transfer costs of franchise fees to the customers. These fees were intended to be collected solely from the city’s gas utility department. Secondly, the lawsuit argues that the franchise fees were improperly categorized as municipal user fees; instead, they should be deemed unconstitutional taxes under Florida's Tax Preemption Doctrine.
Moreover, the City had also imposed Utility Service Taxes on these franchise fees. Given that the charges were considered improper, customers are entitled to refunds on these utility service taxes as well.
Settlement Details
The final judgment in this case has approved a settlement amounting to $12.6 million designated for current and former natural gas customers. For those still receiving gas services (termed Existing Customers), checks representing their entitled portions will be automatically mailed to them without the need for any action. Alternatively, former customers (tenure ended before the settlement) will need to submit a claim to receive their compensation. Valid claims will be processed expeditiously following the identification verification by the Settlement Administrator.
Former Customers must fill out and submit a Claim Form with necessary documentation via mail or online, which should be done within one year post the administrator’s initial Notification Process. Further details regarding the settlement, including claim forms, are accessible on the official class action settlement website at www.PensacolaNaturalGasClassActionSettlement.com.
Release of Claims
By accepting the settlement payments, Class Members agree to release the City from any further claims related to the subject matter of the lawsuit. Details surrounding the release are outlined in the Settlement Agreement available on the class action website.
What To Expect If You Do Not Act
For Existing Customers, failing to take any action ensures that they will automatically receive their payments. Conversely, Former Customers not engaged in the claims process will forfeit their eligibility for settlement benefits. Additionally, not asserting a claim will mean they cannot initiate or join any lawsuit against the city regarding matters covered by this lawsuit.
This summary provides an overview of the settlement. For comprehensive information, including the Settlement Agreement and necessary documents, please visit the class action settlement site or contact the Kroll Settlement Administration at (833) 890-3973 for further guidance.
In conclusion, if you were a natural gas customer in Pensacola during the relevant time frame, it's advisable to familiarize yourself with the settlement’s provisions and take the necessary steps to ensure you receive any compensation you're entitled to.
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