Williams v. Duke Energy
www.dukeclassaction.com

Frequently Asked Questions

General Information

1.      What is this litigation about?

The plaintiffs allege that from 2005 to 2008 the defendants unlawfully paid rebates through an affiliate to 24 large industrial or commercial customers pursuant to separate side agreements. The plaintiffs contend that Duke violated two federal statutes, the Robinson-Patman Act and the Racketeer Influenced and Corrupt Organizations Act, and a state statute, Ohio’s Pattern of Corrupt Activity Act. The plaintiffs also assert common-law claims for fraud and civil conspiracy. The defendants deny these allegations, assert that the agreements and the payments did not violate any law, and otherwise maintain that they did not engage in any wrongdoing.

(collapse all)

2.      Has a Settlement been reached?

A settlement has been reached in this case with a total value of $80,875,000. Residential Class Members received fixed payment amounts for each qualifying day they paid a tariffed rate during the class period, from a settlement fund that did not exceed $25,000,000. Non-Residential Class Members received fixed, and variable amounts based upon usage, for each qualifying day they paid a tariffed rate during the class period, from a settlement fund that did not exceed $25,000,000. Also, Class Members may receive direct benefits from programs developed using a minimum of $8,000,000 of settlement monies – the Class Benefit Fund.

(collapse all)

3.      When did distribution occur?

Court approved checks to eligible Non-residential/Commercial claimants who submitted valid and timely claims began mailing on January 27, 2017. Court approved checks to eligible Residential claimants who submitted valid and timely claims began mailing on February 2, 2017. Distribution is complete.

(collapse all)

4.      What is the Class Benefit Fund?

$8,000,000 of the Settlement Sum, and other amounts, if any, will be directed to the Class Benefit Fund pursuant to the terms of the Settlement. This money shall be used to fund and promote energy-related programs and projects designed to leverage settlement dollars to benefit Class Members.

(collapse all)

5.      What are my tax reporting obligations?

We cannot provide tax advice to individual class members. For tax advice please consult your tax advisor.

A.     If you are an eligible residential ratepayer, you were not required to complete a W-9.

B.      If you are an eligible non-residential ratepayer you were asked to complete a W-9. Eligible non-residential business claimants were mailed a W-9. You were required to submit IRS Form W-9. If the W-9 was not filled out completely and returned, and the claim was receiving a payment of $600 or more, we complied with the requirement to withhold 28% of the payment and report it to the IRS.

(collapse all)

6.      Why was money withheld from my check?

Money was withheld from certain commercial/non-residential checks.

Absent a fully completed/certified W9, certain commercial payouts require an IRS mandated withholding. Please consult a tax professional for questions regarding withholdings, tax implications and reporting.

(collapse all)