Potts Law Firm: City of Odessa Attempts to Dodge Accountability for Water Overbilling

New filings show the City claiming legal immunity while shifting blame onto overcharged residents

ODESSA, Texas, Nov. 19, 2025 /PRNewswire/ -- Potts Law Firm, a leading plaintiffs' litigation firm serving West Texas, continues its work on behalf of Odessa residents and businesses who were systematically overcharged for water service by the City of Odessa and Master Meter. The Firm has presented numerous examples showing that the City grossly overcharged customers for water usage and - when confronted with these issues - refused to investigate, correct the errors, or make customers whole. Instead, many residents who questioned their bills were dismissed or threatened with termination of service if they did not pay the inflated and inaccurate bills.

To protect Odessa water customers and ensure accountability, Potts Law Firm filed a class action lawsuit alleging that the City of Odessa and Master Meter systematically overcharged for water service and refused to return the money rightfully owed to customers.

City Argues It Cannot Be Sued, Even If It Overcharged Thousands

In its newly filed answer to the lawsuit, the City of Odessa has taken the remarkable position that even if it did grossly overcharge residents, customers have no right to sue the City because it is "immune" from such lawsuits.

In essence, the City is asserting that it can overcharge residents as it pleases and keep the money without accountability.

"The City's position is deeply troubling," said Derek H. Potts, National Managing Partner of Potts Law Firm. "They are essentially arguing that they can overcharge residents and face no consequences. That is not how a city should treat the people it serves."

City Attempts to Shift Blame Onto Residents

Even more concerning, the City claims that residents — not the City — are responsible for any overbilling that occurred. According to the City, customers failed to "exercise ordinary care" in receiving water service, implying that residents should have somehow prevented the City's inaccurate measurement and billing of their water usage.

"What exactly is a water customer expected to do to prevent the City from mismeasuring or misbilling their usage?" Mr. Potts noted. "The City's attempt to shift blame onto the very people it overcharged is both illogical and offensive."

A System That Put Revenue Over Residents

The City's filings make clear that it believes it is entitled to charge residents unreasonably high and inaccurate water bills — and keep the overpayments that resulted. This position underscores why Odessa residents were forced to seek relief in court.

Potts Law Firm reaffirms its commitment to the community:

• Every Odessa water customer who was overcharged deserves a full refund, and
  
  
• Every water meter must accurately measure usage so residents are never subjected to this kind of overbilling again.

"We won't allow the City to avoid responsibility for this," Mr. Potts said. "Residents deserve a fair and accurate billing system — not one that makes them pay for errors they had no way to prevent."

About Potts Law Firm
Potts Law Firm is a nationally recognized law firm with deep roots in West Texas, serving clients from offices in Midland, Big Spring, and Colorado City. The Firm's attorneys have extensive experience handling complex litigation, including class actions, consumer protection matters, and personal injury cases. Potts Law Firm is committed to standing up for individuals, families, and communities across Texas.

Media Contact
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SOURCE Potts Law Firm