In July 2012, The Doss Firm, LLC filed a class-action lawsuit against SCANA Energy in the United States District Court of the Northern District of Georgia, Atlanta Division. The complaint alleged that SCANA overcharged hundreds of thousands of Georgia customers for their natural gas usage in violation of Georgia’s Natural Gas Competition and Deregulation Act.
Subsequent to the filing of the complaint, SCANA Energy filed a motion to dismiss. On February 8, 2013, the Court ruled on SCANA’s motion to dismiss. In sum the Court held:
- Plaintiffs sufficiently alleged facts for violations of O.C.G.A. §46-4-160(h);
- Plaintiffs sufficiently stated a claim for relief under Rule 515-7-6-.02(a)(9);
- Plaintiffs may seek remedies under the Gas Act, which incorporates remedies available under the FBPA;
- Plaintiffs are not required to meet the procedural hurdles of the FBPA;
- Plaintiffs sufficiently alleged facts for violations of O.C.G.A. §46-4-160.2; and
- Defendant’s motion to dismiss was denied on all points.
The Court’s ruling is significant because the order stated:
- The claims against SCANA can move forward;
- The Plaintiffs could be entitled to 3x the damages for the intentional misconduct by SCANA; and
- The burden is now on the Defendant, not the Plaintiffs, to prove that SCANA did not overcharge its customers.
The Doss Firm, LLC is currently representing class members in the above suit. If you believe that you may have been overcharged as a SCANA customer, and would like to speak with us, please call our firm for a free consultation.