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PHILIPSBURG--The Association for Consumer Protection St Maarten (ACP-SXM) is set to file a historical class action suit against NV GEBE Tuesday, September 15, 2026, following months of preparation and unsuccessful efforts to resolve consumer concerns with the utility company.
ACP-SXM President Peggy-Ann Richardson is expected to give a statement after the case has been filed. She had announced back in July of this year that the consumer group was moving forward with legal action, saying the case was complex and required extensive preparation.
"We are headed to court," Richardson had said during a Facebook Live broadcast in July. She explained at that time that preparing the case had taken time because of its complexity.
"I stated from the beginning that the preparation for the court case will not be a simple one. We are talking here about NV GEBE, not talking about a mom-and-pop shop. The idea is to cover all bases," she had said in the July Facebook live.
The decision to pursue legal action followed a series of events that began after GEBE increased its fuel clause on Mother's Day. ACP-SXM subsequently presented GEBE with a nine-point petition following its June 15 public march. Richardson said earlier this year that two of the organisation's demands were non-negotiable, including an immediate halt to customer disconnections.
ACP-SXM had asked NV GEBE to identify a contact person and set a meeting date by June 18 to discuss the petition. When no response was received by June 23, Richardson said the organisation informed NV GEBE that the requested timeline had expired. NV GEBE instead, held a press conference on June 19, during which it stated that it would not be able to meet ACP-SXM's demands.
ACP-SXM then extended the deadline until June 26. On that date, Richardson, board treasurer and founding member Solange Apon and the organisation's legal counsel met with NV GEBE's temporary manager, legal counsel and a note taker at NV GEBE's corporate office.
Richardson described that meeting as positive, diplomatic and productive. She said it concluded with NV GEBE agreeing to halt customer disconnections that had been scheduled for June 29.
ACP-SXM subsequently prepared draft minutes of the meeting after NV GEBE indicated it was busy. The Association also prepared a draft joint press statement incorporating statements from both parties.
However, Richardson said ACP-SXM never received the recording of the meeting, approved minutes, NV GEBE's draft collection policy or a draft customer dunning letter that had been discussed.
She said NV GEBE later decided to issue its own press release instead of a joint statement.
Discussions eventually ended after NV GEBE's legal counsel informed ACP-SXM that the utility company would no longer continue discussions with the Association. NV GEBE instead requested that ACP-SXM submit individual consumer complaints directly to the company for review.
ACP-SXM's legal counsel advised against submitting individual consumer cases, and the organisation decided it would not provide them.
ACP-SXM's stated objective, Richardson had said at that time, was not simply to win a legal battle but to secure an outcome that benefits consumers.
