(Published in the McAlester News-Capital on March 1st&8th, 2017.) LEGAL PUBLICATION NOTICE A class action settlement involving CenterPoint Energy will provide payments to those who qualify. Para una notificación en Español, llame al 1-888-952-9086. A settlement has been reached in a class action lawsuit about whether CenterPoint Energy Resources Corp., referred to in this lawsuit as Reliant Energy Arkla, Inc. and CenterPoint Energy, Inc. (âCenterPointâ), charged customers state sales tax on zero usage of natural gas and whether customers have paid a late fee on a late fee. The District Court of Comanche County, State of Oklahoma, will have a hearing to decide whether to give final approval to the settlement so that payments can be made. Those included in the class action, together called a âClass,â may ask for a payment, object to it, opt out, or ask to speak at the hearing. There is a detailed notice available by calling the toll free number below. WHOâS INCLUDED? CenterPointâs records indicate you may be a Class member if you received a notice in the mail. Also generally, the Class includes everyone who was an active customer of CenterPoint between the dates of December 7, 2000 and March 31, 2008, who paid Oklahoma state sales tax on zero usage of natural gas to CenterPoint , excluding customers who have already been credited, paid or rebated sales tax on zero usage of natural gas by CenterPoint. Further, the Class includes active customers of CenterPoint between the dates of December 7, 2000 and February 13, 2001, who paid a late fee on a late fee. WHAT DOES THE SETTLEMENT PROVIDE? The settlement will compensate qualifying Class members for CenterPointâs assessment of state sales tax on customers who had zero usage of natural gas and CenterPoint customers who paid a late fee on a late fee from December 7, 2000 to February 13, 2001. CenterPoint denies these claims and maintains that it did not act wrongfully or unlawfully. State sales tax is an amount customarily assessed on gas services, and the collected taxes are paid to the Oklahoma Tax Commission. A Joint Stipulation of Settlement is available by calling toll free, and describes all of the details about the proposed settlement. The Court did not decide that CenterPoint did anything wrong. Instead, CenterPoint agreed to resolve the case and give benefits to qualifying Class members. HOW MUCH COULD YOU GET? Payments to eligible Class members will be the amount that they paid in Oklahoma state sales tax between the dates of December 7, 2000 and March 31, 2008, plus 5.5% compounded interest pro rata. Further, eligible Class members will be paid the amount they were charged for a late fee on a late fee from December 7, 2000 to February 13, 2001 by CenterPoint pro rata. To qualify for a payment you must have been a customer of CenterPoint who paid Oklahoma state sales tax between the dates of December 7, 2000 and March 31, 2008 or paid a late fee on a late fee to CenterPoint from December 7, 2000 to February 13, 2001. HOW DO YOU ASK FOR A PAYMENT? Fill out the claim form and mail it with the documents it asks for to the address on the form, you may receive a claim form by calling 1-888-952-9086. The claim form must be post marked by April 21, 2017. WHAT ARE YOUR OTHER OPTIONS? Members may exclude themselves from this Settlement Class. This is an opt-out class. You may object to the class settlement and present your objection at the final hearing. You may opt out of this class action. The Court will hold a hearing in this case on April 28, 2017 at 1:30 p.m. in front of the Honorable Judge Emmit Tayloe, to consider whether to approve the settlement, and: a request by the lawyer representing Class members (Monty Delluomo of Delluomo&Crow of Oklahoma City, Oklahoma; Charles Brackney of Grove, Oklahoma; and Joseph Aquaviva of Wilson, Cain&Aquaviva of Oklahoma City, Oklahoma) for attorneysâ fees of $115,000.00 plus costs and expenses. Any fees, costs, expenses and payments will be paid separately by CenterPoint. The lawyers for the Class will also request that $5,000.00 be awarded to each of the Class Representatives for representing the Class. You or your own lawyer may ask to appear and speak at the hearing, at your own cost, but you are not required to appear. If the Court approves the settlement, CenterPoint will be released from all liability for the claims in this case. The settlement stipulation explains this fully. HOW DO YOU GET MORE INFORMATION? For more information on the case (East Gore, Inc. And Lorrie Fox v. Reliant Energy Arkla, Inc., CenterPoint Engergy Inc., Case No. CJ-2005-1138), call toll free: 1-888-952-9086 or written concerns to: East Gore v CenterPoint QSF Fund Administrator, c/o Rust Consulting, Inc.-5530, P.O. Box 2563, Faribault, MN 55021-9563
↧