Texas Lawyer Basic Ken Paxton (R) on Monday sued Griddy LLC, arguing the electrical power supplier violated the state’s Deceptive Trade Tactics Act by hiking customers’ expenditures to deal with its individual failure to put together for intense wintertime weather.

“During periods of security and small demand on the grid, Griddy was capable to invest in electrical energy cheaply and move these financial savings to people. But instability in the market can expose its shoppers to monumental threat, resulting in massive losses to customers,” the lawsuit states. “Despite that very genuine possibility, Griddy’s marketing and advertising persistently misled its customers about the character and extent of this danger and the fees people could hope when using Griddy’s providers.”

The criticism alleges Griddy, which rates buyers primarily based on the wholesale electricity marketplace relatively than fixed rates, has a historical past of such actions, expressing it similarly increased rates amid an August 2019 warmth wave to as considerably as $9 per kilowatt hour, the identical price it charged through the February winter season storm. Despite consumers staying “surprised and angered” at the unexpected boost in 2019, the company built no changes to its advertising after the incident, in accordance to the lawsuit.

“Griddy misled Texans and signed them up for solutions which, in a time of crisis, resulted in personal Texans each individual losing thousands of dollars,” Paxton reported in a statement. “As Texans struggled to endure this winter season storm, Griddy created the struggling even worse as it debited outrageous quantities every single working day. As the to start with lawsuit submitted by my business to confront the outrageous failure of electricity corporations, I will hold Griddy accountable for their escalation of this winter season storm catastrophe.”

The February winter storms still left hundreds of thousands of Texans without having energy, main a lot of point out officers, together with Gov. Greg Abbott (R), to blame a deficiency of winterization of the state’s self-contained energy grid.

In the course of the storm, Griddy advised consumers to switch to another power provider rather than be hit with wholesale electrical power market prices that were being skyrocketing amid the electricity shortage.

Griddy said in a statement on its website that the Energy Reliability Council of Texas, the grid’s operator, has successfully shut the company down and instructed it was scapegoated.

“On the exact working day when ERCOT announced that it had a $2.1 billion shortfall, it made the decision to choose this motion versus only one particular enterprise that signifies a very small portion of the current market and that shortfall,” Griddy said.

The Hill has reached out to Griddy for remark. 

Rebecca Beitsch contributed to this report that was up-to-date at 4:44 p.m.