F.A.Q.

This class action lawsuit claims that XOOM overcharged New York customers for variable-rate electricity and natural gas in violation of specific contract language.  XOOM denies any wrongdoing.

The Court has certified this case as a class action. The Court has not determined who is right or whether either side “won.”  Plaintiff will have to prove her claims in Court.

Judge Allyne Ross of the United States District Court for the Eastern District of New York is overseeing this case.  The case is formally known as Mirkin v. XOOM Energy, LLC et al., No. 18-CV-2949 (ARR) (RER).  A copy of the Complaint filed by Plaintiff is available on the Documents page of this website.

In this class action, the Class Representative Plaintiff (Susanna Mirkin) sues on behalf of people who she believes have similar claims (the “Class Members”).  The case is brought as a class action because Plaintiff believes it is more efficient to pursue all Class Members’ claims in one lawsuit.

Plaintiff is asking for money from XOOM for the alleged overcharges for the Class.

If you are not sure whether you are included in the lawsuit, you may call 516-842-7524 with questions or use the Contact page of this website.  You may also send questions to the Notice Administrator at XOOM Energy NY Claims Administrator, PO Box 1015, Port Washington, New York 11050, or via email at Info@XoomEnergyNYLitigation.com.

No money is available now because the Court has not yet decided whether XOOM did anything wrong, and the two sides have not settled the case.  Plaintiff is asking for money.  XOOM denies that any money is owed.  There is no guarantee that money will ever be obtained.

If you do nothing you will automatically remain in the Class and share in any money or other benefits awarded to the Class after a trial or settlement.  You will be legally bound by all Court orders (including any judgment entered for or against the Class or any future settlement), which means you won’t be able to sue, or continue to sue, XOOM about the same legal claims in this case.

If you decide not to participate in the lawsuit, you must exclude yourself from the Class.  If you exclude yourself, you will not receive any money that may result from this lawsuit.  You will not be bound by any Court orders and you will keep any rights to sue XOOM on your own regarding the legal claims in this case.

To exclude yourself from the Class, you must send an email to Info@XoomEnergyNYLitigation.com or mail a letter stating that you want to exclude yourself from the Class to the Notice Administrator at the address below:

XOOM Energy NY Claims Administrator
PO Box 1015
Port Washington, NY 11050
Tel: 516-842-7524 | Fax: 516-900-9872
Email: Info@XoomEnergyNYLitigation.com

Your email or letter must also include:

• Your full name, current address, and telephone number, and
• A statement that you want to be excluded from the Class and indicating that you are excluding yourself from the lawsuit (e.g., “I/we hereby request that I/we be excluded from the Class in the Mirkin v. XOOM Energy, LLC litigation and receive none of the money or benefits of the trial.”)

You must send your email or mail your letter postmarked by February 11, 2024.  This will be the only opportunity you will have to exclude yourself from the Class.

No.  Unless you exclude yourself now, you give up any right to sue XOOM for the same claims in this lawsuit.

You do not have to pay Class Counsel.  Class Counsel will seek an award of fees and reimbursement of costs from the Court, to be paid out of the recoveries made by Class Members, if any.