Frequently Asked Questions

  1. How do I fill out the Claim Form if I do not have my account numbers or service addresses?
  2. When will I receive my payment?
  3. How will the payments be made if I choose the 24.6 year plan?
  4. If I choose the 24.6 year payout plan, what will happen to the distribution if I die before the 24.6 years?
  5. How do I file a claim on behalf of an entity that no longer exists, if I do not have documentation showing that the entity was dissolved?
  6. Can a person file multiple claims and choose different payment options on each?
  7. What is this case about?
  8. What is the current status of this Action?
  9. How do I know if I am a member of the Class?
  10. Who is excluded from the Class?
  11. What does the Settlement provide?
  12. How do I participate in this Settlement?
  13. I am having trouble logging on to the Online Filing. I am getting a message that my account number is invalid.
  14. The Class Member listed on the Postcard I received in the mail is deceased. Can I complete and submit a Claim Form on her/his behalf?
  15. How do I file a claim on behalf of an entity that was a member of Cobb EMC but no longer exists?
  16. When will I receive my payment?
  17. How do I exclude myself from the Class?
  18. How do I object to the Settlement?
  19. When and where will the Court decide whether to approve the Settlement?
  20. How do I update my contact information?
  21. Do I have a lawyer in this case?
  22. How will the lawyers be paid?
  23. I did not receive a Postcard in the mail but believe I should have received one. What can I do?
  24. How do I get more information?



1. How do I fill out the Claim Form if I do not have my account numbers or service addresses?

If you do not have your account numbers or service address but you have received multiple claim and control numbers, you can list those claim and control numbers on your Claim Form. In the alternative, you can also include copies of the postcards you received with the claim and control numbers when you submit your Claim Form.

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2. When will I receive my payment?

This settlement was granted Final Approval by the Court on February 25, 2014. We anticipate that payments for timely-filed, non-deficient claims will be made in July 2014. Those payments will be made in the form of a check. If you chose option one, to receive the present value of your capital credits in a lump sum, you will receive one check for the total amount. If you chose option two, to receive your capital credits over 24.6 years, you will receive a check for all pre-1988 credits and as well as the 1988 and 1989 capital credits. Subsequent payments for those who chose the 24.6 year plan will be made directly by Cobb EMC, and the timing of those payments has not yet been determined.

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3. How will the payments be made if I choose the 24.6 year plan?

If you choose to have your payments for capital credits for the second half of 1988 through December 31, 2012 paid out over 24.6 years, the capital credits will pay out 25 years after the capital credit were allocated. So, for example, in 2014, you would receive the 1989 capital credit amount. The 1990 capital credit amount in 2015, the 1991 capital credit amount in 2016, and etc.

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4. If I choose the 24.6 year payout plan, what will happen to the distribution if I die before the 24.6 years?

The funds will be disbursed to your estate and distributed based on the appropriate legal documentation. It is not necessary to designate a beneficiary.

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5. How do I file a claim on behalf of an entity that no longer exists, if I do not have documentation showing that the entity was dissolved?

Please complete Appendix 1 to the claim form, mark 6E and provide an explanation.

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6. Can a person file multiple claims and choose different payment options on each?

Yes. You may choose to file multiple claims using multiple claim and control numbers that you were provided. For each claim form you file, you can choose a different payment option.

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7. What is this case about?

The case was filed in the Superior Court of Cobb County, State of Georgia. The lawsuit claims that Cobb EMC’s prior board and management failed and refused to retire capital credits belonging to former and current members. As a non-profit cooperative, Cobb EMC does not issue stock and does not have shareholders. Instead, Cobb EMC is owned by its members, who hold “capital credits” rather than shares. Members earn capital credits when Cobb EMC’s income exceeds its expenses in a given year. The difference is referred to as “margin” and is allocated as capital credits to Cobb EMC’s members in proportion to the amount of business each did with the cooperative during the year. Allocated margins are retained and used by an EMC as capital for a number of years, typically between 10 to 30 years, but eventually “retired” in a series of capital credit distributions referred to as a revolving plan. The lawsuit contends that Cobb EMC failed and refused to adopt a reasonable revolving plan or to retire capital credits on a schedule consistent with its obligations. The lawsuit generally alleges causes of action against Cobb EMC for breach of contract, breach of fiduciary duty and declaratory relief.

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8. What is the current status of this Action?

The parties have agreed to resolve this Action by settlement to avoid the time, expense and uncertainty associated with continued litigation, and to provide benefits to former and current members as soon as practical. On October 10, 2013, the Court entered a Preliminary Approval Order, which preliminarily approved the Settlement, directed that notice be sent to potential Settlement class members. The court held the Final Approval Hearing on February 25, 2014 and approved the Settlement. You can obtain a copy of the Final Approval Order by CLICKING HERE.

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9. How do I know if I am a member of the Class?

Any individual or entity that was a member of Cobb EMC (received power from Cobb EMC) at any time following Cobb EMC’s formation in 1938 up through December 31, 2012 is a member of the Settlement class. If the member is deceased, that individual’s estate, heirs or beneficiaries may be entitled to payment.

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10. Who is excluded from the Class?

Excluded from the Settlement class are:

  • Any entity in which Cobb EMC has a controlling interest;
  • All current and former officers and directors of Cobb EMC, their immediate family members and legal representatives;
  • Federal agencies;
  • Judge J. Stephen Schuster and his staff;
  • The successors and assigns of any such excluded person; and
  • Any member whose capital credits were retired in full prior to filing of the suit on January 15, 2010.

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11. What does the Settlement provide?

The Settlement provides the following primary benefits to Class Members:

  1. $98 Million Settlement Fund. Cobb EMC will pay up to $98 Million for the benefit of Class Members, including attorneys’ fees and expenses of litigation. All Class Members will be entitled to receive an immediate cash payment, without any discount, for the capital credits allocated to them through the first half of 1988 (as specified in the Stipulation of Settlement and for all years not already paid);
  2. All Class Members will additionally be entitled to receive the capital credits allocated to them from the second half of 1988 up through December 31, 2012 (as specified in the Stipulation of Settlement), either in a one-time payment discounted to present value utilizing a 12% discount rate), or paid out over 24.6 years without any discount; and
  3. Cobb EMC will also pay to Settlement Class Members pre-2013 Generation and Transmission Capital Credits (“G&T Capital Credits”) if and when Cobb EMC receives payment in cash of such credits. As of December 31, 2012, Cobb EMC had approximately $116 million of G&T Capital Credits allocated to it. Historically, Cobb EMC has not received payment of G&T Capital Credits.

All costs of providing notice and administering the Settlement will be paid by Cobb EMC in addition to the Settlement Fund and will not impact the benefits to Class Members.

Additional information about the Settlement can be found in the STIPULATION OF SETTLEMENT

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12. How do I participate in this Settlement?

To receive cash available under the Settlement, you must fill out and submit a Claim Form. The Court-ordered deadline for filing a claim was February 10, 2014 but the parties have agreed, subject to Court approval, to accept late filed claims that are postmarked or received by March 8, 2014. You can submit a late claim electronically through our online filing system at www.cobbemcsettlement.com. If you do not want to file online, you can download a Claim Form on the settlement website or request that a form be sent to you and complete and sign the form, and mail it to:

Cobb EMC Class Action Settlement
c/o GCG
PO Box 10020
Dublin, Ohio 43017-6620

You may also submit the Claim Form by fax (866)582-3747.

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13. I am having trouble logging on to the Online Filing. I am getting a message that my account number is invalid.

Please contact the Settlement Administrator at 888-292-8850 for assistance in identifying all applicable account numbers and addresses.

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14. The Class Member listed on the Postcard I received in the mail is deceased. Can I complete and submit a Claim Form on her/his behalf?

Yes, if you are the appointed representative for the Class Member’s estate, or, if no representative was appointed by a court, and you are a family member of the deceased Class Member. The Court-ordered deadline for filing a claim was February 10, 2014 but the parties have agreed, subject to Court approval, to accept late filed claims that are postmarked or received by March 8, 2014. If you submit a Claim Form on behalf of a deceased Class Member, you may be asked to provide the Claims Administrator with proof of your appointment or other evidence of your current authority to act on behalf of that Class Member. Such evidence may include, for example, letters testamentary, letters of administration, a Will, or a copy of the trust documents. If no documents exist verifying your appointment or authority to act on behalf of the Class Member, a written explanation describing your relationship to the deceased Class Members and other evidence may be required such as a Death Certificate. Remember that all Claim Forms must be signed by the person who submits them.

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15. How do I file a claim on behalf of an entity that was a member of Cobb EMC but no longer exists?

The Court-ordered deadline for filing a claim was February 10, 2014 but the parties have agreed, subject to Court approval, to accept late filed claims that are postmarked or received by March 8, 2014. If you are filing a claim on behalf of an entity that was a member of Cobb EMC but no longer exists, you must complete and submit Appendix 1 at pages 4-6 of the Claim Form.

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16. When will I receive my payment?

No payments will be provided to Class Members until after the Court approves the Settlement and any appeals are resolved. It is uncertain how long resolution of any appeals will take. Please be patient.

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17. How do I exclude myself from the Class?

If you don’t want benefits from the Settlement, and you want to keep the right to sue or continue to sue the Defendant on your own about the legal issues in this case, then you must take steps to get out. This is called excluding yourself – or is sometimes referred to as opting out of the Settlement Class. You cannot exclude yourself by telephone, by fax or by email. To exclude yourself from the Settlement, you must send a letter that includes the following:

  • Your name, account number(s), billing address, service address(es) (if different than billing address), and telephone number;
  • Any prior names and addresses where you or your entity was a member of Cobb EMC and received power;
  • A statement that you want to be excluded from the settlement in In re Cobb EMC Class Action, Case No. 10:100353; and
  • Your signature (or in the event of an entity, the signature of an individual authorized by your entity to request exclusion).

If your account is in the name of more than one person (example: husband and wife), then both must provide the information noted above, or you must state that you are authorized to act on behalf of all joint members with respect to the Settlement. You must mail your exclusion request, postmarked or received no later than January 10, 2014, to:

Cobb EMC Class Action Settlement
c/o GCG
ATTN: EXCLUSIONS
PO Box 10020
Dublin, Ohio 43017-6620

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18. How do I object to the Settlement?

If you are a member of the Settlement class, you can object to any part of the Settlement, the Settlement as a whole, and/or Class Counsel's request for fees, expenses and Class Representative incentive awards. To object, you must submit a letter that includes the following:

  • Your name, account number(s), billing address, service address(es) (if different than billing address), and telephone number;
  • Any prior names and addresses where you or your entity was a member of Cobb EMC and you received power;
  • A statement saying that you object to the Settlement in In re Cobb EMC Class Action, Case No. 10:100353;
  • The reasons you object to the Settlement, along with any supporting materials; and
  • Your signature.

If your account is in the name of more than one person (example: husband and wife), then both must provide the information noted above, or you must state that you are authorized to act on behalf of all joint members with respect to the Settlement. You must mail your objection so it is postmarked or received no later than January 10, 2014, to the following two addresses:

By hand or mail:

Clerk of the Superior Court
Superior Court of Cobb County, State of Georgia
In re Cobb EMC Class Action, Case No. 10:100353
70 Haynes Street
Marietta, Georgia 30090

and by mail:

Cobb EMC Class Action Settlement
c/o GCG
ATTN: OBJECTIONS
PO Box 10020
Dublin, Ohio 43017-6620

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19. When and where will the Court decide whether to approve the Settlement?

The Court held the Final Approval Hearing at 9:00 AM on February 25, 2014 (eastern time) and approved the Settlement at that hearing. You can obtain a copy of the Final Approval Order by CLICKING HERE.

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20. How do I update my contact information?

Call the Claims administrator at 1-888-292-8850 or write to us at Cobb EMC Class Action Settlement, c/o GCG, PO Box 10020 Dublin, Ohio 43017-6620.

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21. Do I have a lawyer in this case?

The Court has appointed Wm. Paul Lawrence, II, Charles Siegel, Charles D. Gabriel, Samuel P. Pierce, Jr. and Larry D. Lahman as counsel for all Class Members that are former Cobb EMC members. The Court has appointed David M. Cohen and Hylton B. Dupree Jr. as counsel for all Class Members that are current Cobb EMC members. The lawyers are called “Class Counsel.” You will not be separately charged for these lawyers. The Court will determine the amount of Class Counsel’s fees and expenses which will be paid from the Settlement fund. If you want to be represented by your own lawyer, you may hire one at your own expense and that lawyer must file an Entry of Appearance with the Court.

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22. How will the lawyers be paid?

Class Counsel have not received any payment for their services in pursuing the claims against the Defendant on behalf of the Settlement class, nor have they been paid for their litigation expenses. The Court will decide how much Class Counsel will be paid. Class Counsel have not submitted requests for attorneys’ fees or reimbursement of litigation expenses at this time. Attorneys’ fees, expenses and any incentive award that may be requested for the Class Representatives will only be awarded after the Court has determined they are fair and reasonable. Any attorneys’ fees, expenses and Class Representatives incentives awarded by the Court are not expected to impact the benefits received by Class Members who exercise their rights to participate in the Settlement. The applications for attorneys’ fees, expenses and any incentive awards for the Class Representatives will be filed with the Court by December 10, 2013 and will be available on this website after they are filed.

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23. I did not receive a Postcard in the mail but believe I should have received one. What can I do?

Postcards were mailed to all current or former Cobb EMC members. If you were a member of Cobb EMC from 1938 through December 31, 2012, please CONTACT GCG with your account number(s) and other information you have regarding your accounts with Cobb EMC.

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24. How do I get more information?

You can call GCG, the Claims Administrator, toll free at 1-888-292-8850 or write to Cobb EMC Class Action Settlement, c/o GCG, PO Box 10020, Dublin, Ohio 43017-6620. You can also download copies of the Stipulation of Settlement, Notice, and Claim Form.

You may also review the Stipulation of Settlement filed with the Court or documents filed in the case during business hours at the Office of the Clerk of Superior Court, 70 Haynes Street, Marietta, Georgia 30090.

You may also contact Lead Class Counsel for former Cobb EMC members, Wm. Paul Lawrence, II, at Waters Kraus & Paul, LLP, 3219 McKinney Avenue, Dallas, Texas 75204, (800) 226-9880, plawrence@waterkraus.com, or Lead Class Counsel for current Cobb EMC members, David M. Cohen, Complex Law Group, LLC, 40 Powder Springs St., Marietta, Georgia 30064, (770) 200-3100, dcohen@complexlawgroup.com.

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Please do not contact the court for information about this Settlement.