Richards v. Direct Energy Services, LLC

Plaintiff brought this suit on behalf of all customers of Direct Energy Services in Connecticut and Massachusetts, alleging that Direct Energy charged extraordinarily high variable rates for the supply of electricity that were not – contrary to the provisions of Direct Energy’s contract — linked to the market rate for electricity.  The Complaint was filed in November of 2014 in the U.S. District Court for the District of Connecticut.  On August 4, 2015, the District Court denied Direct Energy’s Motion to Dismiss the Complaint. On March 3, 2017, the Court granted Defendant’s Motion for Summary Judgment.  Plaintiff has appealed the ruling, and the case is currently pending before the U.S. Court of Appeals for the Second Circuit.  On February 4, 2019, the Second Circuit affirmed the District Court’s dismissal of the case.