CLEVELAND — About 70,000 Cleveland Public Power customers have filed a class action lawsuit claiming the company overcharged $130 million in recent years.
Customers claim an extra charge was buried within an energy adjustment charge.
RELATED: CPP customers alleging over-charges are worried their lawsuit won't go to a jury
A judge heard arguments on whether the case should be handled by arbitration or in a jury trial.
Only two witnesses were called to the stand: Director of Public Utilities Martin Keane and customer Clint Yoby.
Keane said the company had the right to put in an ordinance that would send legal concerns to arbitration instead of a jury trial. In court, he said the only way customers could opt out of the service was by terminating its services with the company.
Yoby made it clear he did not want the case to go to arbitration as he felt the panel wouldn't be fair.
"The person who is trying to fight has no say in the panel," he said. "I think that's almost an abuse of power."
No decision was made on Tuesday. Instead, both sides will submit their closing arguments two weeks after they receive the court transcripts. Then, the judge will review them.
