On August 31, 2023, U.S. Court District Judge Allyne R. Ross certified a class of 124,530 XOOM customers who claim the company overcharged them for residential and small business electricity and natural gas service. The Class alleges that XOOM’s overcharges breached its contracts with its New York customers.
Wittels McInturff Palikovic initially filed a class action lawsuit against XOOM in April 2018, alleging that XOOM failed to honor its promise in its New York contracts to charge energy rates “based on XOOM’s actual and estimated supply costs.”
Among the Court’s rulings on Plaintiff’s motion for class certification, Judge Ross found that the disputes between Plaintiff and XOOM could be decided “in one stroke” at trial and therefore the case was suited to be tried as a class action.
On June 20, 2024, the Court reiterated its August 2023 decision and denied XOOM’s motion to decertify the Class, allowing the case to continue to proceed as a class action.
These rulings are important victories for the New Yorkers damaged by XOOM’s broken promises. For a copy of the class certification ruling, click here. For a copy of the decertification ruling, click here. For a copy of the Complaint, click here.
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