GATEWAY ENERGY SERVICES SETTLEMENT

Case No.: 7:16-cv-03526-VB-JCM and 7:18-cv-10244

United States District Court for the Southern District of New York

If You Enrolled In A Gateway Residential Variable Rate Plan And Paid Gateway Variable Rates For Electricity and/or Natural Gas in New York, New Jersey, Pennsylvania, Maryland, Virginia, Kentucky or Ohio, You May Be Eligible For An Average Cash Benefit Of $78.80.

Important Dates

August 1, 2019 – Postmark Deadline To Request Exclusion From The Settlement Class

August 1, 2019 – Deadline To Object To The Settlement

August 1, 2019 – Postmark Deadline to Submit Claim

September 13, 2019, 10:30 A.M. – Court Hearing On Fairness Of The Settlement

A federal court authorized the Notice. It is not a solicitation from a lawyer.

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

The Notice is to inform you of a proposed class action settlement of the above-captioned lawsuits and Eisig, et al. v. Gateway Energy Services Corporation, Index No. 605739/2016 (Sup. Ct. Nassau Cnty. 2016) (collectively, “Actions). GATEWAY ENERGY SERVICES CORPORATION (“Gateway” or “Defendant”) customers who received residential variable rate electricity and/or natural gas service may be eligible for an average cash benefit of $78.80. As described below, this settlement is on behalf of all residential customers who enrolled in a Gateway variable rate plan and received Gateway variable rate invoices for electricity and/or natural gas supplied in any of the following states during the Class Period beginning on the dates listed below through April 5, 2019.

State Electricity Natural Gas

New York

November 2012

July 2011

New Jersey

November 2012

July 2011

Pennsylvania

November 2012

November 2012

Maryland

November 2015

November 2015

Virginia

N/A

November 2013

Kentucky

N/A

July 2011

Ohio

N/A

July 2011

CUSTOMERS WHO ARE EXCLUDED FROM THIS SETTLEMENT

  • Customers who enrolled in a fixed rate plan with Gateway at any time are excluded.
  • Non-residential customers.
  • Customers of Gateway’s parents, subsidiaries, or affiliates; Gateway; any of its parents, subsidiaries, or affiliates; any entity controlled by any of them; any officer, director, employee, legal representative, predecessor, successor, or assignee of Gateway; any person who has previously released claims that will be released by this Settlement; and federal, state, and local governments (including all agencies and subdivisions thereof, but excluding employees thereof) and the judge to whom the Actions is assigned and any member of his or her immediate family.

IF YOU RECEIVED A POSTCARD SETTLEMENT NOTICE IN THIS MAIL, THIS SETTLEMENT AFFECTS YOUR LEGAL RIGHTS AND IS GIVEN TO YOU PURSUANT TO RULE 23 OF THE FEDERAL RULES OF CIVIL PROCEDURE. YOU OPTIONS ARE LISTED BELOW AND YOU SHOULD CAREFULLY READ THE FULL NOTICE LOCATED HERE, BECAUSE IT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

WHAT ARE MY RIGHTS DEADLINE

SUBMIT A CLAIM FORM

This is the only way to get a Settlement Payment under the Settlement.

Submit an online Claim Form at www.GatewayEnergySettlement.com by using the Notice ID and Confirmation Code on the front of the postcard mailed to you. You can also download a Claim Form to submit by mail at www.GatewayEnergySettlement.com or receive one by calling 1-833-780-5120. You can also submit the postage prepaid Claim Form that was provided with the postcard notice you received.

August 1, 2019

EXCLUDE YOURSELF

If you exclude yourself from the Settlement, you will not receive a Settlement Payment under the Settlement. Excluding yourself is the only option that allows you to ever bring or maintain your own lawsuit against Gateway regarding the allegations in the Actions ever again.

August 1, 2019

OBJECT

You may write to the Court about why you object to (i.e., do not like) the Settlement and think it should not be approved. Filing an objection does not exclude you from the Settlement.

August 1, 2019

DO NOTHING

You will not receive a Settlement Payment under the Settlement. You will also give up your right to object to the Settlement and you will be not be able to be part of any other lawsuit about the legal claims in the Actions.

N/A