What is the lawsuit about? A class action lawsuit styled Smith v. FirstEnergy Corp., et al., Case No. 2:20-cv-3755, is pending in the United States District Court for
the Southern District of Ohio (the “Court”), and a similar lawsuit styled Emmons v. FirstEnergy Corp., et al., Case No. CV-20 935557, is pending in the Cuyahoga County
Court of Common Pleas.
Plaintiffs in the lawsuits claim, among other matters, that Defendants FirstEnergy, FirstEnergy Service, Ohio Edison, Toledo Edison, Cleveland Electric, Charles E. Jones,
James F. Pearson, Steven E. Strah, K. Jon Taylor, and Michael J. Dowling (together, the “FirstEnergy Settling Parties”), and Energy Harbor engaged in a racketeering scheme
in order to influence the passage of HB 6, thus causing some Ohio residents to pay excessive charges for electricity. Plaintiffs allege that Defendants violated the federal
Racketeer Influenced Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, the Ohio Corrupt Practices Act (“OCPA”), and other common and statutory law. A copy of the
Plaintiffs’ Consolidated Amended Class Action Complaint is available on the Court Documents page of this website. Defendants deny any liability, and the Court has not made any
decision on the merits of the Plaintiffs’ claims.
Who is included? You may be a member of the Settlement Class if you paid to Toledo Edison, Cleveland Electric, or Ohio Edison any rates, charges, fees, tolls, or other costs
pursuant to HB 6 or any recovery mechanism approved by the Public Utilities Commission of Ohio (PUCO) pursuant to HB 6 from January 1, 2020 through June 22, 2022.
What do the Settlements provide? Plaintiffs, FirstEnergy and Energy Harbor reached Settlements on behalf of the Settlement Class that includes a monetary payment of $49,000,000
to the Settlement Class. In exchange for the Settlement payment, the members of the Settlement Class will release any claims they have against the Defendants that relate to or arise
out of HB 6 or the allegations and claims in this case.