Suit Mart v. Gexa Energy

Gexa Energy LP, Gexa Corp., and Gexa Energy Holdings LLC (“Gexa”) do business as a retail electricity provider.  Gexa buys power from power generators and resells it to retail customers.   Gexa provided fixed-rate contracts to commercial customers.  A fixed-rate commercial contract is one that sells a fixed amount of power at a fixed rate for the entire term of the contract.  The contracts used by Gexa were form contracts, which provided a space to enter the fixed rate for each customer.  Gexa charged some of its commercial customers a higher rate than the fixed rate provided in the contracts which resulted in customer overcharges.  The firm brought suit on behalf of a class of customers victimized by the overcharges.  The firm obtained the return to the customers of 100% of the money overcharged plus interest.