FAQ: Legal Issues

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Q: Are there any lawsuits against utilities because of “smart” meters?

There have been lawsuits, most notably from a group of Bakersfield CA residents in 2009 who were severely over-billed. The power and money that utilities have at their disposal has made it hard to take them successfully to court. Often money is exchanged and people are asked to sign away their right to speak about the case. But discontent and public outrage has been growing steadily, and a large number of personal injury and class action lawsuits are in the making.  It’s hard to foresee the utility and telecom industry escaping paying out damages for long if our justice system operates fairly.

Federal Energy Act of 2005 states clearly that “smart” meters are to be OFFERED to residential customers, not mandated or forced. Read this letter from a US representative clarifying the matter.

Q: Where can I find a class action lawyer? How can I connect with others who have been affected in order to file a suit?

Calling law firms that address consumer issues is a start. You may have to make a lot of phone calls or emails, but you may be able to find someone who’s already at work in your area compiling complaints against utilities for “smart” meter issues. Network in your area through local media for others in your situation, and work together. Post on local internet bulletin boards, and you may find others who have been affected.  If you are suffering any health-related impacts from your ‘smart’ meter, document all your symptoms with the dates, date of installation, and include any medical reports.

Q: What about Home Owner Associations? Can our HOA legally opt out as a building?

Yes. This is a reasonable matter for a HOA to decide collectively on—after all, if a member of the HOA were harmed by the “smart” meters (especially the person who is directly next to the bank for the building), it could fall to the HOA to compensate this injured person. Your HOA or  your landlord may be legally liable for damages from ‘smart’ meters that they allowed on the premises. Individual “opt outs” obviously make little sense in the context of a condo or apartment block with multiple meters on a wall.

A CPUC judge has yet to rule on opt-out options (for California) (as of early Oct 2011). Communities of all sizes have voted to exclude these toxic devices from their midst, and there has yet to be a legal ruling on the question of jurisdiction between local and state governments.


31 Responses to FAQ: Legal Issues

  1. mike says:

    I need to find a lawyer asap to defend me in a case concerning smart meters placed on my home against my objection involves some trummped up criminal charges by wellington power in n.ca.let me know if you know any lawyers who might take them on thanks

  2. Daniel says:

    Has the “Notice of No Concent” Worked to stop the Edison Contractors from installing?
    I sent mine Notorized and return receipt. with additional comments like: I expect them to stay with our original contract. I will not accept the OPT OUT Fees on my bill. For I am not OPTING OUT. And of course I placed sings of no install and no trespassing. I hear that in southern California Edison Contractors have even cut away the bars and locks off the meters? How about is folks has this happened to you? Or is it just bad rumors.

  3. i have three smart meters outside my bedroom window . my head herts i cant fuction . i need help

    • Paul H says:

      Stack cases of water between on the wall between you and the meters. Shut the power off at the breaker box to your bedroom. This will not solve the problem but will help. Don’t sleep in that bedroom. You really need to move. I’m sorry to hear of your pain but at least you know where it’s coming from. Just think of all the people that don’t know.

    • Ken says:

      Well, if RF from smart meters is causing it, then you’re screwed because RF is everywhere and has been for quite a long time. FM radio, for example. Any visible light also gives off RF, same with heat and microwaves. RF is everywhere and has been for many years. It’s psychological.

      • stephanie says:

        Hello Ken

        I don’t think the fact that we have too much RF around us already is a reason why we should do nothing. I think that it strengthens the argument for doing more/something/whatever to try to fix the problem.

      • deanna munson says:

        you really believe that man made rf at the modulated microwave frequency spectrum is “safe” in unlimited amounts ?? you do know that fm radio stations are monitored and shut down if the power density of their transmissions are too high right ? you are aware that the FCC is not and never was a health agency right ? you do realize that wifi in 2003 was only used in 5 locations by research industries and military ,right ? you do realize that we are now being exposed today to billions of times that amount in 2003 ? have you heard of glioblastoma brain tumors are pretty much always induced by rf /emr right ? ever heard of radar sickness ? then theres the dirty electricty and ground current generated by these smart meter devices along with 24/7 365 whole body exposure to pulsing spikes of modulated microwave spectrum rf .brain cancer ,siezures,pet cancers ,diabetes from rf altering brain glucose metabolism , dna breakage …goes to show ,those asserting exposures can induce mind control arent too far off .seems to make people very susceptable to propagande and hypnotic marketing tools . those addicted to these technologies defend them and deny harm worse that any alcoholic or cocaine addict ,and those whose salaries depend on their willfull ignorance…theyre the ones harming humanity the most ..microwave children with pulsed rf data spikes in their beds is hardly “natural” ,and the results are hardly “psychological”

  4. Adriana says:

    I am so glad to have found this site. I live in a H.O.A. condominium and my son has had problems sleeping. His wall happens to be above 6 smart meters. Gas & electricity. My room is also next to him. I have similar issues. But am glad to find answers because our Doctor didn’t. In my case I will need help from my neighbors to place a cover to redirect the rf signal because this is overkill.What I don’t understand is why haven’t these control cowards been forced to supply covers to avoid health issues? Again thank you all for fighting the good fight. Continue to let your voice be heard. There is Power in the masses!

  5. julian says:

    They installed a smart meter on my house only because they lied to me and said it wasn’t one. Since then i’ve had difficulty concentrating, i feel nauseatic and enraged for no reason and i feel depressed and weak. All these symptoms vanish when i leave my house. These power companies are ruthless, they will do anything to get their way. The government knows full well the effects that these and other wireless contraptions like cell masts can have on the health but they only care about the money. i can’t believe it will carry on like this forever, something will have to break and the people responsible will be forced to act accordingly. And ken, you are wrong, it is not psychological, you are another deluded smart meter apologist.

    • Mia says:

      Get a Sine Tamer installed right away.
      Goes in two 15 amp circuits in the Service panel and
      not only protects from microwave poison gin but lowers the so called “usage” and stops privacy invasion, because this attenuator device flat lines the oscillation of the pulses and surges,.
      We have one, radiant reading in the house is clean as a whistle and we sleep deeply and well.
      just add dot com to the name, they are warranted for up to two decades.
      To stop fires at the meter base, get a Ham Radio guy to install an RF choke on the electrical/weather mast where the transmission lines enter the home.
      This prevents WHO HOUSE ANTENNA SYNDROME caused by the smart grid which turns all homes into one single frequency not unlike those things they sell to rid a house of rats.
      It is designed to drive you crazy.
      Stand up for yourself.
      Fight back by sabotaging the frequencies.
      It is perfectly legal.
      Stop the harm at the source.
      Suggest to your neighbors to do the same thing.
      Stop suffering needlessly

      • Cara says:

        I went to sine tamer.com. their website is not understandable to civilians like me.

        Your words are too eccentric for the average civilians. Would you write another follow up in plain English.

        Get sine tamer to combat what- RF from smart antenna?
        what is a Ham Radio guy?
        To stop fires at the meter base?

        The whole thing needs to be re -written to the average civilian.

  6. I can not take it any longer, the RF in my apartment is sickening, buzzing ,humm/ high voltage sound. And feel nausea, weak. My bed is like an electromagnetic field, you can actually feel this thing. I have contacted lawyers. I received a zapp to my face right through the cheekbone while in bed.

  7. Natasha White says:

    I am having brain issues can feel body tingling bed shakes having head to toe shake’s sever pains shooting in thigh hips down to legs

  8. Lori Tucker says:

    On July 6, 2018 the “smart” meter behind my mobile home, 2 feet from my bedroom, exploded and burned my storage shed and half of my mobile home. I lost three beloved cats in the fire as well as nearly everything I owned. I am still sifting through the ashes of what’s left of my bedroom trying to find valuables that I had in there. It’s a grueling process and everyday rips your heart out. I live in a mobile home park and the owner has given me a beat up used travel trailer to live in of which I’m very grateful. She also rented a container for me to put things in that I salvaged from the fire but I need to wash the sit off of anything on keeping before it goes in the container so it doesn’t just stink like fire and smoke. Problem is she wants it done in the next two days and I’m 65 years old with COPD chronic asthma and a bad shoulder. I can’t do things on her time schedule. I do have an attorney but I could not find one who had prior knowledge about Smart Meters. That concerns me. The meter was removed and taken by the city police into evidence. I will keep you updated I’m sure it will probably take a couple of years to get any kind of a settlement if I win. The fire chief did say the fire was caused by the smart meter.

    • Mad Mommy says:

      Mrs. Tucker,
      First of all, I am so sorry that happened to you and I pray you get the support from people around you that you need. I am curious as to where you are located and if any press covered this issue (doubtful but still, if so, do you have the station or article reference?). There should be attorneys lining up to take this pro-bono.

    • Phil says:

      I would love to hear any kind of a follow up on this. Currently researching the dangers of these “smart meters”. Thanks.

  9. Sharon Noble says:

    There have been thousands of smart meter fires across No. America, but the authorities with the utilities, utility commissions and the governments are refusing to acknowledge or take action. What is equally concerning is that insurers are silent on the issue. they pay the claims, usually (if not always) refuse to give a copy of their fire inspection report with the victim, subrogate the claim if they find that the smeter caused the fire — sue the utility or meter company for repayment of the claims (which is allowed under the policy), and then increase premiums. So far I have never heard of any insurance company warning its customers that smeters are fire hazards, as they did with other hazards, such as the Ford Pinto. Why is this? If the insurers were losing money you could be certain they would try to stop these things from being on our homes, putting property and lives at risk.

  10. Unmani Groves (Oregon coordinator) says:

    Which smart meter was it? Aclara, Landis Gyr, ABB, GE?

    • Lady Di says:

      Unmani Groves, they just installed a smart meter where I live (a duplex). I called the power company and told them I didn’t want one installed. They said, “No problem. You can opt out but it will cost you $36/month for rep to come out and read the meter.” How’s that for abuse? Supposedly, the tech doing the installing is from Aclara, so I guess the smart meters are by them, too? I’m not happy about this at all. Any suggestions? I’m all for a class-action lawsuit. One problem, I haven’t suffered a loss, yet. So, I guess I have to get sick or have a fire to show that I have suffered a loss. Again, any suggestions? Thanks!

      • deanna munson says:

        if you do i am in.been ongoing injured by what i am sure is the collector meter,and my neighbors meter,both on the bedroom wall of my apartment for 7+ yrs now .i have contacted every agency i could think of ,i do not drive ,i am on ssi and section 8 ,and even the mental health agencies i have coming because of the chronic nervous breakdowns ever since ,have laughed at me when i told them .the absolute insidious horrors that are happening to my brain and body ,add the chronic electrocuted sleep deprivation for years on end ,i am too damaged to even go on unless i can sue to get enough to get off grid somehow quickly .i want them to PAY FOR THIS CRIME even if i am not alive to see it .it would take 10 pages to even begin to list what this has done to my life ,the lives of my pets,and the life of the wildlife and ecology here .couldnt in a million years have imagined such a hellish existence

  11. Rose Orcutt says:

    what recourse is there if the power company stalls a smart meter after you’ve already opted out and they install one anyway??

  12. Lori Tucker says:

    It happened in Ellensburg Washington. There was no press coverage whatsoever. My son even called the Ellensburg daily record twice to have someone come out and interview me no one came. I am still looking for an attorney that’s knowledgeable on smart meters. So much more has been in the news and on the internet about smart meters and fires since this happened. Paradise, CA. for example, among others. something that causes me to scratch my head is the utility company made my landlady purchase the smart meter and pay an electrician to install it. I’ve never heard of any of the other stories saying anything like that. Everyone else talks about the power company’s forcefully installing them. I understand it would definitely take any of the blame off of the utility company and place it on the landowners. No one can convince me that the utility company didn’t see or know what was going to happen in the future with the potential of the meters exploding and burning houses. Much less the physical problems that would soon be linked to them. At this point I’m not exactly sure how many people or agencies will be involved in the lawsuit because nobody’s going to want to accept responsibility.

  13. Tom Larson says:

    We heard about the coming of the smart meters and the the fires and health issues also. We opted out and now we are paying an additional $20.00 a month. Are there any attorneys available to handle these kind of lawsuits?

    • Araec says:

      Try sending them notification that you’ll be sending them the requested readings, once a month, along with a photograph of the compiled data…and get and install an analog/mechanical/non-transmitting meter.

    • Araec says:

      …and let them know you’ll be charging the 20.00 back in exchange for this duty.

  14. I have email and verbal battled Mississippi Power (a Southern Company organization) since notified in June 2018 that SM were coming. Lower level employees appear ignorant about radiation and the same with the general manager. Perhaps some MP officials do know about potential hazards, but they do not communicate they know information. The SOCO safety committee chair person has not communicated what he does or does not know. They have FCC blessings, it is also Health ignorant or silent, and SOCO has the power, money, and monopoly.

    I have had to use mediation remedies in my home for dirty electricity relief. I have tinnitus. The power company says I am the only person out of about 120,000 population that has objected to SMs. Surely they lie or all but me are asleep! I will not accept the SM and I will not pay the monthly extortion fee to retain my analog meter. They did give me the option. I among paying to have my meter installed on a DIP (pole) about 50 feet from my home at great expense. My meter was on my bedroom outside wall only 3 feet from my bed.

  15. buddy bog says:

    Do the covers that block 90% of the RF keep smart meters from doing their job and reporting their info to the power company?
    I don’t want the power company to cut off power to my house. If I block their meter from reporting my kwh usage, I could be in legal jeopardy.

  16. David Anderson says:

    Anyone have issues with WiFi – I feel irritable and can’t sleep at home, hard time concentrating at Starbucks, and can’t even eat my whoppers at burger anymore since they got free WiFi! I do feel good when I am I at the beach though and leave my cell phone in my car.

  17. Chris Wickline says:

    Northcentral is trying to force me to put one on. I sent the opt out letter, posted no trespassing signs, and continue to say no. Have you found any legal recourse?

  18. Sandra Fast says:

    I live in Lyons Il..have a smart electric meter.Com Ed just came and installed on outside..never even asked. Now Lyons wants to put in smart meter for water I sent opt out letter to metter co..and posted no trepass..but Mayor Getty made up an ordinance $200 mth and $965 to install!! We are 82yrs old with many health problems..I have a brain aneurysm and kidney disease plus other problems and my husband has medical problems we don’t need this harassment !I believe there is a federal law that says it is not mandatory…thanks

    • James says:

      Sad to hear you going thru that, let the word out to your neighbors. I am fighting this too in Des plains and they have same bully tactics. We have to vote these politicians out ASAP.

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