Frequently Asked Questions

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.

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.

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