Frequently Asked Questions

Rolland v. Spark Energy

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You received this Notice because a Settlement has been reached between the Parties. According to Spark Energy’s records, you are a member of the Settlement Class and are eligible for the relief detailed below.

 To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in this Notice), see FAQ 20 below.

This Settlement resolves class actions against Spark Energy, entitled Rolland v. Spark Energy, LLC, No. 3:17-cv-02680 (D.N.J.), IUE-CWA Local 901 v. Spark Energy Gas, LLC, No. 1:19-cv-00389 (N.D. Ind.), and Burger v. Spark Energy Gas, LLC, No. 1:19-cv-08231 (N.D. Ill.). Plaintiffs Janet Rolland, Michael Harty, IUE-CWA Local 901, and Becky Burger (the “Named Plaintiffs”) sued Spark Energy individually and on behalf of other Spark Energy customers. They allege that Spark Energy charged variable rates for electricity and natural gas contrary to its obligations under its contracts and other laws. Spark Energy denies any and all liability and/or any wrongdoing alleged.

For information about how to learn about what has happened in the lawsuits to date, please see FAQ 20 below.

In a class action lawsuit, one or more people called “Named Plaintiff(s)” (in this case, Janet Rolland, Michael Harty, IUE-CWA Local 901, and Becky Burger) sue individually and on behalf of other people who have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Class Members. The company sued in this case, Spark Energy, is called the Defendant.

The Named Plaintiffs have made claims against Spark Energy. Spark Energy denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Named Plaintiffs or Spark Energy should win the lawsuits. Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Class Members will receive relief now rather than years from now, if at all.

The Court has decided that everyone who fits the following description is a Class Member for purposes of the proposed Settlement: all residential consumers who became Spark Energy customers prior to January 1, 2016 and who paid Spark Energy, LLC for electricity supply on a variable rate during the Class Period, and all residential and small business consumers who became Spark Energy Gas, LLC customers prior to January 1, 2016 and who paid Spark Energy Gas, LLC for natural gas supply on a variable rate during the Class Period beginning on the dates listed below  through July 18, 2022:

StateElectricityNatural Gas
CaliforniaN/ADecember 17, 2015
ConnecticutApril 19, 2011N/A
DelawareN/ADecember 17, 2015
IllinoisApril 19, 2011December 17, 2009
IndianaN/AAugust 14, 2009
MarylandApril 19, 2014December 17, 2016
MassachusettsApril 19, 2011N/A
MichiganN/ADecember 17, 2013
New JerseyApril 19, 2011December 17, 2013
New YorkApril 19, 2011December 17, 2013
OhioN/ADecember 17, 2011
PennsylvaniaApril 19, 2013N/A
TexasApril 19, 2013N/A

Excluded from the class are: (a) the Spark Energy Defendants; (b) the officers, directors, and employees of the Spark Energy Defendants; (c) any entity in which the Spark Energy Defendants have a controlling interest; (d) any affiliate or legal representative of the Spark Energy Defendants; (e) the Judge to whom the Action is assigned, the Judge’s staff and any member of their immediate family; and (f) any heirs, assigns, and/or successors of any such Persons or entities in their capacity as such.

If you are still not sure whether you are included, you can contact the Settlement Administrator for free help about whether you are a Class Member, call toll-free 1-833-512-2317, visit the contact section of this website, or send mail to the address below: 

Rolland v. Spark Energy

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391


Current and former customers of Spark Energy who submit a Valid Claim will receive $.003 per kilowatt hour for which they paid a variable price for electricity and $.0293 per therm for which they paid a variable price for natural gas. Electricity customers can receive an average of $2.55 per month they had Spark service. Natural gas customers can receive an average of $1.53 per month they had Spark service. Notwithstanding the calculated Benefit, current and former customers of Spark Energy who submit a Valid Claim will receive a Benefit of at least $2.50.

In exchange for the relief outlined above, Class Members who do not Opt-Out of the Settlement (as described below) will relinquish their right to bring claims on their own behalf, including claims for monetary relief, and Class Members will not be able to sue Spark Energy on the same or any related claims.


To qualify for a Settlement Payment, you must send in a Claim Form by the deadline. A Claim Form is available  in the Documents section of this website. The Claim Form may be submitted electronically or by postal mail. Read the instructions carefully, fill out the form, and postmark it by November 12, 2022, or submit it online not later than 11:59 p.m. ET on November 12, 2022.

As described in FAQs 17 and 18 below, the Court will hold a hearing on December 1, 2022, at 2 p.m. ET, to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on this website. Please be patient.

The Court has ordered that the law firms of Finkelstein, Blankinship, Frei-Pearson & Garber LLP and Mazie Slater Katz & Freeman, LLC (“Class Counsel”), will represent the interests of all Class Members. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Spark Energy has agreed to pay Class Counsel’s attorneys’ fees of up to $2,860,000 and litigation expenses of up to $250,000, subject to approval by the Court. You will not be required to pay any of Class Counsel’s attorneys’ fees or costs. The Court will make the final decision as to the amount to be paid to Class Counsel.

The four Named Plaintiffs will request Service Awards of up to a total of $25,000 for their services as Class Representatives and efforts in bringing the lawsuits. The Court will make the final decision as to the amount to be paid to the Named Plaintiffs.

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against Spark Energy. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against Spark Energy regarding the allegations in the lawsuits. The Settlement Agreement, available on the Documents page of this website, contains the full terms of the release.

Any potential Class Member who desires to be excluded from the Settlement Class must give written notice of the election to Opt-Out on or before the date specified in the Preliminary Approval Order, with copies mailed to the Settlement Administrator, Class Counsel, and counsel for Spark Energy. Opt-Out requests must: (i) be signed by the Class Member who is requesting exclusion; (ii) include the full name, address, and phone number(s) of the Class Member requesting exclusion; and (iii) include substantially similar language as the following statement: “I/We request to Opt-Out from the Settlement in the Spark Energy Action.” No Opt-Out request will be valid unless all of the information described above is included. If you timely request exclusion, you will be excluded from the Class, you will not be bound by the judgment entered, and you will not be precluded from prosecuting any timely, individual claim against Spark Energy based on the conduct complained of in the lawsuit.

At the date, time, and location stated in FAQ 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider Class Counsel’s request for an award of attorneys’ fees and costs, and service awards to the Named Plaintiffs.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must submit a written objection to the Court, Class Counsel, and Spark Energy’s Counsel listed below, postmarked no later than November 12, 2022.

COURT
Clerk of Court
Clarkson S. Fisher Building & U.S. Courthouse
U.S District Court for the District of New Jersey
402 East State Street
Trenton, NJ 08608

CLASS COUNSEL
D. Greg Blankinship
Todd S. Garber
Chantal Khalil
Finkelstein, Blankinship, Frei-Pearson & Garber LLP
1 North Broadway, Suite 900
White Plains, NY 10601

SPARK ENERGY'S COUNSEL
Kevin P. Allen
Thomas E. Sanchez
Duane Morris LLP
625 Liberty Avenue, Suite 1000
Pittsburgh, PA 15222

Any Objection must (a) attach documents establishing, or provide information sufficient to allow the Parties to confirm, that the objector is a Class Member; (b) include a statement of such Class Member’s specific Objection; (c) state the grounds for the Objection; (d) identify any documents such objector desires the Court to consider; and (e) provide all information requested on the Claim Form. In addition, any Settlement Class Member objecting to the Settlement shall provide a list of all other Objections submitted by the objector, or the objector’s counsel, to any class action settlements submitted in any Court in the United States in the previous five years. If the Settlement Class Member or their counsel has not objected to any other class action settlement in the United States in the previous five years, they shall affirmatively so state in the Objection. You may, but need not, submit your objection through counsel of your choice.  If you do make your objection through an attorney, you will be responsible for your personal attorney’s fees and costs. 

IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS.  

If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the Settlement Agreement. You are not required, however, to appear. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid written objection a statement substantially similar to “Notice of Intention to Appear.”




Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of attorneys’ fees and expenses to Class Counsel; and to consider the request for service awards to the Named Plaintiffs.


The Court will hold a Fairness Hearing (also known as a “Final Approval Hearing”) at 2 p.m. ET on December 1, 2022, in Courtroom 7E of Clarkson S. Fisher Building & U.S. Courthouse, U.S District Court for the District of New Jersey, 402 East State Street, Trenton, NJ 08608. The hearing may be postponed to a different date or time or location without notice. Please check the Settlement Website for any updates about the Settlement generally or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement Website will be the only way you will be informed of the change.

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

You may attend, but you do not have to. As described above in FAQ 15, you may speak at the Fairness Hearing only if (a) you have timely served and filed an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, however, you may not speak at the Fairness Hearing.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s application for attorneys’ fees and costs, and the operative complaints filed in the lawsuits, please visit the Documents page of this website. Alternatively, you may contact the Settlement Administrator using the toll-free telephone number  1-833-512-2317, or by sending mail to the address below: 


Rolland v. Spark Energy

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391


The description of the lawsuits is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit www.pacer.gov or the Clerk’s office at 402 East State Street, Trenton, NJ 08608. The Clerk will tell you how to obtain the files for inspection and copying at your own expense. 

Contact the Settlement Administrator at: 


Rolland v. Spark Energy

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391


This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration LLC, the Settlement Administrator approved by the Court. This is the only authorized website for this case.

Call
1-833-512-2317
Mail
Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Am I a Class Member?

Class Member

Important Dates

  • Exclusion Deadline

    Saturday, November 12, 2022 You must complete and mail your request for exclusion form so that it is postmarked no later than November 12, 2022.
  • Objection Deadline

    Saturday, November 12, 2022 You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than November 12, 2022.
  • Claim Form Deadline

    Saturday, November 12, 2022 You must submit your Claim Form online no later than Saturday, November 12, 2022, or mail your completed paper Claim Form so that it is postmarked no later than November 12, 2022.
  • Fairness Hearing

    Thursday, December 1, 2022 The Fairness Hearing is scheduled for December 1, 2022 at 2pm EST. Please check this website for updates.

Important Documents

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