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Smith v. RPA Energy Inc.

Plaintiffs Were on Inquiry Notice of, Bound by, Energy Contract's Arbitration Provision

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MEMORANDUM ORDER This is a putative consumer class action by two Michigan homeowners who entered into a contract with defendant RPA Energy, Inc. (also referred to as Green Choice Energy) to purchase energy. Defendants have filed a motion to compel arbitration based upon an arbitration provision allegedly agreed to by plaintiffs. Resolution of this motion to compel turns exclusively on the question of whether plaintiffs agreed to the arbitration provision (i.e., whether there was mutual assent). There is no dispute that plaintiffs did not have actual notice of the arbitration provision. Rather, defendants claim plaintiffs were on inquiry notice of the arbitration provision and are therefore bound by it. For the reasons set forth below, the Court agrees with defendants. I. Background Defendant RPA Energy, Inc. is an independent energy services company, with its principal place of business in New York, that sells electricity and natural gas to customers in deregulated energy markets, including Michigan. Am. Compl. (Dkt. 8)

1-2, 12, 27. Co-defendant Brian Trombino is the CEO of RPA Energy and co-defendant Adam Bashe is the Chief Sales & Marking Officer for RPA Energy. Id.

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