- A man from Arkansas is suing Duke Energy for not returning his $50 deposit.
- In his federal suit, he questions whether the utility company violated his Fourteenth Amendment rights.
- The man is requesting not only the refund of the deposit but also the amount he would have earned if he had invested it.
A man in Arkansas is taking legal action in federal court to recover a $50 deposit that he claims Duke Energy never refunded.
The individual, Harvey William Hugunin, argues in his September 19 complaint that Duke Energy not only owes him the deposit but also the potential earnings from investing it in the stock market. The complaint was first reported by Seamus Hughes’ CourtWatch newsletter.
Hugunin states that Duke Energy has held onto his $50 deposit since December 26, 2016. Although he does not specify the purpose of the deposit, he asserts that it has not been returned to him after eight years.
The complaint urges a federal judge to intervene and negotiate a settlement between Hugunin and Duke Energy. Hugunin poses the question, “What would be the present value of the $50 investment if it had been traded through the US stock market daily since December 2016?”
Based on historical data, if Hugunin had invested the $50 in SPY, an exchange-traded fund that tracks the S&P 500, it could have grown to approximately $95 today (before taxes).
The lawsuit cites the Fourteenth Amendment, which ensures equal protection under the legal system for all US citizens.
In his complaint, Hugunin does not disclose any legal representation. However, he has a history of filing lawsuits, including against banks, city officials, and even Duke Energy on similar grounds. Most of these lawsuits have been dismissed.
While Hugunin has filed multiple lawsuits, it is important to note that many customers have faced issues with energy companies, especially during extreme weather events and the COVID-19 pandemic.
During the pandemic, several major companies received bailouts and awarded CEO bonuses while disconnecting services for customers across the US. Duke Energy was one of the companies responsible for 94% of shutoffs between 2020 and 2021, according to Gizmodo.
Insider reached out to Duke Energy for comment but did not receive a response.
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