Case Information
Houser et al. v. City of Billings
In the Thirteenth Judicial District Court of Yellowstone County, Montana
Case No. DV 18-0778
About This Case
Important Notice as of November 17, 2023:
Former Customer Class Members and Excluded Current Customer Class Members who filed valid claims will receive a mailed Settlement Check from the Class Administrator prior to February 1, 2024.
Current Customer Class Members will receive a credit on their utility accounts as a Settlement Rebate prior to February 15, 2024.
If you do not receive a Settlement Check or a Settlement Rebate by February 16, 2024, and you are a Class Member, please contact the Class Administrator at 833-513-0862.
The Court entered a Final Order and Judgment on November 17, 2023, which is available here. Additional information about settlement checks and rebates is available here.
If you paid monthly water, wastewater, or solid waste disposal charges to the City of Billings between February 2, 2015, and June 30, 2018, you could get a payment from a class action settlement.
Several water, wastewater, and solid waste disposal customers of the City of Billings (“City”) filed a lawsuit against the City challenging the legality of franchise fees added by the City on all monthly charges for water, wastewater, and solid waste disposal services and seek a refund of those franchise fees on behalf of the customers who paid them. The Parties have reached a preliminary settlement of the case.
Your rights and each option you may follow, and related deadlines, are explained in this website and the downloadable Notice of Class Action Settlement.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
CLASS MEMBERS DEFINED | Class Members are those customers who paid franchise fees to the City of Billings in connection with their water, wastewater, and/or solid waste accounts between February 2, 2015 and June 30, 2018, with the exception of certain commercial entities who paid franchise fees pursuant to written contracts. |
CURRENT CUSTOMER CLASS MEMBERS - DO NOTHING AND YOU WILL AUTOMATICALLY RECEIVE REBATES | If the Court grants final approval of the Settlement, Rebates will be deducted from future utility bills for Class Members who are current utility customers, with the exception of certain excluded customers who paid franchise fees pursuant to written contracts. If you have been notified that you are a Current Customer Class Member and you want to participate in the Settlement by receiving these payments, then you do not need to take any further action. You will be bound by the terms of the Settlement and releases described in this Notice. |
EXCLUDED CURRENT CUSTOMERS CLASS MEMBERS – YOU MUST FILE A CLAIM FORM TO RECEIVE REBATES Deadline: August 31, 2023 | If you are a current water, wastewater, and/or solid waste disposal customer and you were a water, wastewater, and/or solid waste disposal customer sometime during the Claim Period of February 2, 2015 and June 30, 2018, and you received a postcard from the City of Billings Class Administrator identifying you as an Excluded Current Customer Class Member, then you must file a claim in order to receive a portion of the Settlement Fund. |
ELIGIBLE FORMER CUSTOMERS CLASS MEMBERS – YOU MUST FILE A CLAIM FORM TO RECEIVE REBATES Deadline: August 31, 2023 | If you were a water, wastewater, and/or solid waste disposal customer sometime during the Claim Period of February 2, 2015 and June 30, 2018, and you received a postcard from the City of Billings Class Administrator identifying you as a Eligible Former Customer Class Member, then you must file a claim in order to receive a portion of the Settlement Fund. |
ASK TO BE EXCLUDED Deadline: August 31, 2023 | You can exclude yourself from the Settlement if you do not wish to participate in the Settlement. This is the only option that allows you to pursue your own lawsuit against the City about the legal claims in this case. If you exclude yourself, you will not receive any rebate. If you want to exclude yourself, you must complete and return the Opt-Out Form. |
OBJECT TO THE SETTLEMENT Deadline: August 31, 2023 | If you think the Settlement or Class Counsel’s request for Attorney Fees is not fair, you can submit a written objection (“Notice of Objection”) to the Class Administrator, and it will be considered by the Court. If the Settlement is approved, you will receive payment and will be bound by the terms of the Settlement and releases described in this Notice. |
Case Documents
Important Dates