3rd Circ. Revives Rate-Hiking Suit Against Ambit

Law360, Philadelphia (January 9, 2017, 7:35 PM EST) -- The Third Circuit on Monday revived a putative class action accusing an Ambit Energy unit of boosting customers' rates after luring them into switching energy providers with promises of lower prices, concluding that a pricing clause in the contracts in question was ambiguous.

The panel vacated a district court judge's finding that Ambit's practices were clearly stated in its terms of service, and remanded lead plaintiff Amy Silvis's lawsuit back to the district court. It focused on the pricing terms in a disclosure statement in the Ambit contract, as well as a separate terms of service clause, in reversing the lower...

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