
Tenants at Shopping Malls Managed by CBL & Associates Management, Inc. May be Class Members in a Class Action Lawsuit Announces Buckner + Miles and Hagens Berman Sobol Shapiro LLP
FORT MYERS, Fla., Feb. 27, 2019 /PRNewswire/ --
If You Were A Tenant At A Shopping Mall Managed By CBL Management And Had The Amount You Paid For Electricity Determined By A Valquest Systems Survey, You May Be A Class Member In A Class Action Lawsuit.
Wave Lengths Hair Salons of Florida, Inc. v. CBL & Associates Properties, Inc., CBL & Associates Management, Inc., CBL & Associates Limited Partnership, and JG Gulf Coast Town Center LLC (collectively, "CBL") is a class action lawsuit ("Lawsuit") filed against CBL in the United States District Court for the Middle District of Florida ("Court"). The Lawsuit involves electricity charges paid by tenants at shopping malls managed by CBL & Associates Management that were determined by Valquest Systems' ("Valquest") surveys.
The Class alleges that CBL and Valquest conspired and marked-up the amount it billed tenants per kilowatt hour (kWh), charging tenants more per kWh than what CBL paid for that same electricity and charging tenants for more kWhs than they actually used. The Class alleges that this conduct violated the Racketeer Influenced Corrupt Organizations Act ("RICO"), Florida's Racketeer Influenced Corrupt Organizations Act ("Florida RICO"), and Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"). CBL denies these allegations and asserts that it fully complied with all applicable laws.
IF YOU ARE A CLASS MEMBER, YOUR LEGAL RIGHTS ARE AFFECTED; ACCORDINGLY, YOU MAY:
DO NOTHING: Stay in the lawsuit. Await the outcome. Give up the right to sue CBL separately for this claim. If you wish to remain in the Lawsuit, you do not need to do anything. You may get money or benefits from a trial or settlement. But you will give up any right to sue CBL separately for the same legal claim at issue in this Lawsuit.
ASK TO BE EXCLUDED: Get out of the Lawsuit. Get no benefits from it. Keep the right to sue CBL separately for this claim. If you do not wish to remain in the Lawsuit, you can ask to be excluded. If any money or benefits are awarded, you will not share in them. But you will keep any rights to sue CBL separately for the same legal claim at issue in this Lawsuit.
Who's Included In The Class? The Court certified the Lawsuit as a class action based on the Class' claim that CBL violated RICO, Florida RICO, and FDUTPA.
The Nationwide RICO Class is defined as: All tenants at shopping malls managed by CBL & Associates Management, Inc., whose electricity charges were determined based on a Valquest survey within the applicable limitations period.
The Florida Class is defined as: All tenants at shopping malls in Florida managed by CBL & Associates Management, Inc., whose electricity charges were determined based on a Valquest survey within the applicable limitations period.
The applicable limitations period in this case for both the Nationwide Class and the Florida Class is March 16, 2012, to December 31, 2018.
Who Represents The Class? Class counsel are the law firms of Buckner + Miles, 3350 Mary Street, Coconut Grove, Florida 33133, (305) 964-8003, Hagens Berman Sobol Shapiro LLP, 1301 Second Avenue, Suite 2000, Seattle, WA, 98101, (206) 268-9337, and Yormak Employment & Disability Law, 9990 Coconut Road, Bonita Springs, Florida 34135. These attorneys will represent you as part of the Class unless you choose to hire your own attorney, which you may do 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, which may be paid from the Class' recovery.
How to exclude yourself from the Class? If you DO NOT wish to remain in the Class, then you must send a request to be excluded, in writing, with the information required as set forth in the Long Form Notice to A.B. Data no later than March 23, 2019.
How to obtain further information: If you need additional information about the Lawsuit, you should visit the website www.CBLElectricityLawsuit.com. If you cannot find the information you need there, write to Class counsel at [email protected] or call one of the numbers above. Please do not contact the Court with questions regarding the Lawsuit.
SOURCE Buckner + Miles and Hagens Berman Sobol Shapiro LLP
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