|[January 22, 2013]
TXU Rate Overcharge: Watts Guerra Craft Potential Class Action Lawsuit
DALLAS --(Business Wire)--
Watts Guerra Craft believes that TXU and/or its affiliates may have
knowingly overcharged certain residential electricity customers at
commercial rates. TXU's rate-overcharging practices may have affected
thousands of unsuspecting Texas residential electricity consumers.
TXU was sued in a class action lawsuit brought in Travis County by
owners or management companies of multi-family or housing
dwellings/complexes located in TXU service areas, who were charged under
a residential or "Business Classic" rate and were assessed sales taxes
on electricity provided by TXU for any billing period after July 1,
2002. Thomas Crowson v. TXU Energy Retail Company LLC f/k/a TXU
Energy Retail Company, LP, No. D-1-GN-07-003901, in the 126th
District Court, Travis County, Texas. TXU later entered into a
Stipulation and Agreement of Compromise and Settlement that settled that
Currently, Watts Guerra Craft believes that TXU may be subject to an
additional lawsuit with regard to rate overcharges, as a different group
of potential plaintiffs, residential customers, may have been
overcharged in a different area of Texas.
Residential consumers affected by the business decisions of TXU never
took any action to affirmatively authorize TXU to bill them at the
non-residential rates. Complaint of Margaret Root against TXU Energy
Retail Company LLC, CP2009090569 (September 30, 2009) ("we never at
any time signed a consent for change to 'Commercial.'") Instead, TXU
imposed the non-residential rates, taxes, service charges, and changes
in rate plans. Complaint of Karen Snell against TXU Energy Retail
Company LLC, CP2009051812 (June 17, 2009)( "The fact that my account
was changed to a 'Business Classic Rate' in 2007, (now known as Partner
Advantage or Business Advantage)… was unauthorizedand incorrect.") Even
in those instances in which residential customers took affirmative
action to change rate plans to avoid the commercial charges, TXU failed
to credit the accounts of those customers for the prior unauthorized
overcharges. Complaint of Shelia Oliver against TXU Energy Retail
Company LLC, CP2008120815 (December 31, 2008) ("Since the day I
moved to this address, they have had my account listed as a commercial
account. After many telephone calls to fix this problem, L. W. Davis
from the Sweetwater facility finally fixed this error. He also informed
me, they have overcharged me for my electricity. He also said I was due
a refund. I have written them 2 certified letter but to no avail. They
have not even responded . . . .") As a result, even though the rate plan
has been corrected, those customers continue to be overcharged by TXU. Complaint
of Kevin and Barbara Schermerhorn against TXU Energy Retail Company LLC,
CP2009061464 (July 14, 2009)("Even though a TXU agent confirmed that . .
. their system had been corrected and even though we picked a
residential plan, we are continuing to be billed as a
All TXU residential customers should check their bills to see if they
were charged on a commercial rate plan, or charged a delivery charge.
Numerous complaints have been filed with the Public Utility Commission
of Texas (PUC) regarding the TXU rate overcharging in Dallas County and
beyond. These public records indicate that TXU rate overcharges occurred
in violation of the Substantive Rules of the Commission.
TXU's responses to those complaints show that accounts established as
new construction (temporary pole) or under multiple names (husband and
wife) were transitioned as non-residential. In 2007, TXU made a business
decision to change the rate plan for these customers to the "Business
Classic" rate. Complaint of Jude Aaron against TXU Energy Retail
Company LLC, CP2009060490, Decision (July 2, 2009). The new plan
went into effect after the March 2007 bill.
If you or someone you know has been charged on a commercial rate plan
for your TXU home electrical service, including the "General Service"
Plan, "Business Classic Rate" Plan, "Partner Advantage Rate" Plan, or
"Business Advantage Rate" Plan, you can become a part of a potential TXU
class action lawsuit to protect your legal rights.
Watts Guerra Craft LLP has handled hundreds of thousands of class action
claims across the country, and has won some of the most significant
legal victories in American history. For more information about Watts
Guerra Craft and TXU, please visit www.txuclaim.com,
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