Raise your hand if your monthly gas bill from Summit Utilities has been outrageous in the last few months. Okay, now join the club.

On behalf of all Arkansans experiencing these too-high bills from Summit Utilities, Pulaski County residents Robert Weyrens and Beau Roberson are at the top of a class action lawsuit against the servicer. Represented by a team including Attorney Scott Poynter with Little Rock’s Poynter Law Group, the suit calls for an immediate temporary restraining order based on accusations of price gouging, poor customer service and poor accounting of payments.

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Around the same time Circuit Judge LaTonya Austin Honorable put that temporary restraining order into place Monday, Summit’s team asked for the case to be heard in federal court instead. The temporary restraining order was expected to be discussed further at a hearing Wednesday morning, but that hearing was cancelled.

Poynter said Tuesday that customers should still be able to refuse payment while being guaranteed service for two weeks, per the rules of the temporary restraining order. Any Arkansan experiencing an unusually high bill is included in the class action case, he said. Talking with an attorney isn’t necessary.

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Summit’s court filing stated that the case should be heard in federal court because of how many people are involved, the plaintiffs have minimal diversity between each other and the funds expected to be requested would exceed $5 million. They denied any wrongdoing.

Brian Chilson
Judge Billy Roy Wilson

U.S. District Judge Billy Roy Wilson will hear the case in federal court, but a hearing has not been set yet.

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Marshall Ney, an attorney representing Summit Utilities, said Tuesday that Summit does not comment on pending litigation. 

The suit alleges harm to Summit customers for reasons including customers not being able to make hot meals or bathe themselves with hot water because they fear excessively high bills so much that they cut their gas use.

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Poynter said plaintiffs’ attorneys talked with more than 1,000 customers, who consistently said their regular bill doubled or tripled in price. Of those affected, Poynter said he’s talked with seniors living on fixed incomes who don’t have the funds for the bills and single moms who have to make the tough decision of whether they can afford to turn on the heat when the temperature is freezing at night. 

“I’ve been doing class cases since 1996, and this case has received the most attention from people that are affected by the harm,” Poynter said.

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Court documents include two dozen examples of customers whose bills skyrocketed. Yalonda (last name omitted) in Little Rock said she lives alone and her bill went from $11 to $200. 

The Public Service Commission has received more than 450 complaints about Summit’s billing, Interim Director Jeff Hilton said. Attorney General Tim Griffin’s office also has received nearly 2,500 complaints as of Tuesday, Communications Director Jeff LeMaster said.

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Providing quick relief for customers is the first goal, Poynter said. 

About a month ago, a Summit Utilities executive answered questions from the Little Rock Board of Directors and told them that the doubled, tripled or quadrupled bills were because of the overall high price of natural gas and increase usage during extreme weather. Kenny Henderson, the vice president for governmental affairs from Summit Utilities, told directors that it was things like the war in Ukraine, European supply, federal policies and lingering issues from COVID-19 that are driving up the prices.

Summit Utilities, based in Colorado, bought the assets of CenterPoint Energy at the start of 2022. CenterPoint continued to provide customer service until Nov. 1, 2022, while Summit established itself.

Poynter said the transition is when customers started to notice spikes in their bills. He said he thinks that the gas meters are not communicating correctly with Summit’s system and producing “crazy results.”

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