July 2015: A federal judge granted Ambit Energy’s motion to dismiss the complaint finding, among other things, that the plaintiffs failed to state a claim under New Jersey law because the complaint did not sufficiently plead the required elements. The false advertising claims were dismissed with prejudice.
August 2014: A class-action lawsuit was filed against Ambit Energy (and amended in December 2014) for allegedly deceptively inducing consumers to switch their energy supplier to Ambit Energy. Among other things, plaintiffs allege that the company misleadingly represents customers can “reduce, or even eliminate, their monthly energy charges” and will receive “life-changing rewards” if they use Ambit Energy as their electricity provider when, in reality, customers pay “substantially more” for the energy services and the “rewards” are worth less than the company represents. (Urbino et al v. Ambit Energy, L.P., Ambit Texas, LLC, and Ambit Northeast d/b/a Ambit Energy, Case No. 14-cv-05184, D. NJ.).
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When a complaint is dismissed with prejudice, it cannot be refiled.
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.