The preliminary approval from U.S. District Judge Stefan Underhill involves two classes claiming that the company misled customers about its variable rate plans, and that promises of significant savings from switching electric service to Viridian went unfulfilled. The first, "average usage" class, would cover anyone enrolled in a Viridian variable rate electricity or gas plan with an average annual utilization rate of 25,000 or less kilowatt hours, or 2,500 or less therms. The second, "above-average usage" class, would cover anyone enrolled in the same kind of Viridian plan, but whose average annual utilization was above 25,000 kilowatt hours or 2,500 therms.