CBL Electricity Lawsuit Website

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CBL Electricity Lawsuit Website
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Notice
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The information contained on this website is only a summary. More information regarding the Lawsuit is contained in the Notice of Pendency of Class Action (the “Notice”). You may download a copy of the Notice by clicking here.

The Class:

On April 24, 2019, the Court granted preliminary approval of the Settlement for a class defined as follows:

All tenants at shopping malls managed by CBL & Associates Management, Inc., whose electricity charges were determined based on a Valquest survey from January 1, 2011 through April 24, 2019. Excluded are governmental agencies or entities and any tenant who excluded themselves, by location, following the March 2019 Class Notice.

Description and Status of the Lawsuit:

The Lawsuit involves electricity charges paid by tenants at shopping malls managed by CBL & Associates Management, Inc., which were determined based on a Valquest Systems (“Valquest”) survey. The Lawsuit alleges that CBL and Valquest conspired and marked-up the amounts billed tenants per kilowatt hour (kWh), charging tenants more per kWh than what CBL paid and charging tenants for more kWhs than they actually used. Defendants deny the Class’s allegations and assert that each tenant was charged in accordance with each tenant’s applicable lease terms. The Court has not decided who is right or wrong.

A proposed settlement has been reached; this settlement is not an admission of wrongdoing and the Defendants (collectively “CBL”) deny these allegations and assert that they fully complied with all applicable laws and regulations. The settlement fund equals approximately $90 million and includes funds to be paid to former tenants, funds for credits for future rents for current tenants, payment of attorneys’ fees and costs, and payment of an incentive fee to the class representative. CBL also agreed to certain prospective relief. The settlement cannot take effect without Court approval.

What is a Valquest Survey?

At certain shopping malls managed by CBL & Associates Management, Inc., Valquest prepared and provided surveys used by CBL to establish tenants’ electrical charges (the “Valquest Surveys”).


YOUR LEGAL RIGHTS AND OPTIONS:

CURRENT TENANT -

DO NOTHING AND STAY IN THE SETTLEMENT CLASS 

If you want to remain a member of the Class, you do not need to take any action. This means that you will participate in the settlement if approved by the Court. You will be bound by the judgment in this Lawsuit.

Your monetary benefits will be paid as credits against your future rental obligations over the next five (5) years. You do not need to complete a Claim Form.

You do not need to appear at Court or participate in any trial. You are welcome to attend at your own expense. 

FORMER TENANT -

FILE A CLAIM FOR EACH LOCATION

To receive monetary benefits, former tenants who are Class members will be required to mail a completed Claim Form for each location to the Settlement Administrator, A.B. Data, and this Claim Form must be postmarked by September 19, 2019.

You may access a Claim Form by clicking here.

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Settlement checks will be mailed after approval and processing. Each Settlement check will expire and become void 180 days after it is issued if it has not been cashed.

You will not need to appear at Court or participate in any trial. You are welcome to attend at your own expense. 

EXCLUDE YOURSELF FROM THE CLASS BY SUBMITTING A REQUEST FOR EXCLUSION POSTMARKED NO LATER THAN JUNE 14, 2019

If you DO NOT wish to remain in the Class, you must send a request in writing in order to request exclusion from the Class.

Specific instructions regarding the requirements for submitting a valid request for exclusion from the Class are included in paragraph 10 of the Notice.

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If you exclude yourself from the Class, you will not participate in any settlement or favorable judgment in the Lawsuit but you also will not be bound by an unfavorable judgment.

OBJECT TO THE SETTLEMENT BY SUBMITTING AN OBJECTION WITH THE COURT NO LATER THAN JUNE 14, 2019

If you disagree with the Settlement, you may file an objection with the Court no later than June 14, 2019.

You may not object if you have excluded yourself.

Specific instructions regarding the requirements for submitting a valid objection are included in paragraph 11 of the Notice.

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Class Counsel:

The following law firms and attorneys have been certified by the Court as Class Counsel:

 

Buckner + Miles
David M. Buckner, Esq.
Seth E. Miles, Esq.
Brett E. von Borke, Esq.
3350 Mary Street
Miami, Florida 33133
(305) 964-8003

Hagens Berman Sobol Shapiro LLP
Tom Loeser, Esq.
1301 Second Avenue
Suite 2000
Seattle, Washington 98101
(206) 268-9337

Yormak Employment & Disability Law
Benjamin H. Yormak, Esq.
9990 Coconut Road
Bonita Springs, Florida 34135

Email Class Counsel:

CBLclassaction@bucknermiles.com


These attorneys will represent you as part of the Class, unless you timely exclude yourself from the Class.

You have the right to hire your own attorney at your own expense. Class Counsel represents the Class on a contingency basis and will only receive attorneys’ fees and reimbursement of their expenses if there is a recovery for the Class and the Court awards fees and costs. Payment to Class Counsel for attorneys’ fees and expenses may be made from any recovery obtained from the Defendants.

  

1At certain shopping malls managed by CBL & Associates Management, Inc., Valquest Systems, Inc. prepared and provided surveys used by CBL to establish tenants’ electrical charges (the “Valquest Surveys”). 
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