July 27, 2019 / 12:33 AM / a month ago

2nd Circuit powers on couple’s lawsuit against N.Y. energy reseller

A federal appeals court revived a Brooklyn couple’s lawsuit against a third-party energy middleman on Friday, overturning a lower court’s dismissal of a potential class action on behalf of thousands of New York customers of XOOM Energy.

The 2nd U.S. Circuit Court of Appeals said that Susanna and Boris Mirkin sufficiently pleaded that XOOM promised New York consumers a variable “market-based” rate but instead charged them whatever it pleased and even raised its rates when market prices declined.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2LIxp2B

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