Our case was prematurely dismissed without allowing for the normal disclosure and deposition phases.

As a result, our argument that a "smart meter" violates your constitutional right to privacy under the 4th Amendment to the U.S. Constitution has never been given a full hearing.

This appeal seeks to force the District Court to correct this error and move the case forward in an appropriate manner.

See updates to the appeal process below.


8/16/2018 Results of Appeal available.

See ruling here.

4/7/18: Listen to Appeals Court arguments using the link below:


___________________________________________________ 2/22/18 Update.


Attorney David Gulbransen will be arguing for NSMA.

Please come to show your support.

Argument set for

Tuesday, March 27, 2018,
9:30 a.m.
Main Courtroom
Room 2721

Everett McKinley Dirksen
United States Courthouse
219 S. Dearborn Street in Chicago

Each side limited to 15 minutes.
There may also be questioning of attorneys by the court.

12/18/17 Update.

Oral arguments to the Appeals Court are to be scheduled for early (hopefully) 2018.

7/18/17 Update.

Attorney David Gulbransen has taken over litigating the case.
Since David needs to "get up to speed", the court may issue an extension for him to do this.

Motion For

Also, the City's response brief can be downloaded below under the 3/18/2017 Update.
4/18/2017 Update.

The City of Naperville was due to respond to our Appeal Brief by April 10th. They requested, and the court granted, an extension giving them a new date of May 15th.
3/18/2017 Update.

Appeal to the United States Court of Appeals is moving forward.

We have submitted our appeal brief to the United States Court of Appeals for the Seventh Circuit.

Also, the Electronic Frontier Foundation and Privacy International have been granted permission by the Federal Appeals Court to file an Amici Brief in support of NSMA's federal lawsuit.

See the Amici Brief at the EFF site here.

Or, download from our site here:


NSMA's Appeal Brief document:

City of Naperville response to NSMA's Appeal Brief:

City Response



Naperville Smart
Meter Awareness has filed a lawsuit in United States District Court.

Case: 1:11-cv-09299

As of October 2016:

The lower federal court denied NSMA its day in court and ruled against our case without even allowing for normal discovery and depositions. As a result, we have filed an appeal with the 7th Circuit Court.

More information about the case is coming or you can look it up.

  • NSMA's lawsuit seeks only to force the Naperville City Council to implement INFORMED CONSENT regarding Smart Meter use within the city's municipally-owned electric utility.

  • Informed Consent means customers must be given the opportunity to assess the costs and benefits for themselves and OPT IN to the use of this device on their home or business.

  • The lawsuit does NOT seek any financial reward for the plaintiffs.

Naperville Smart Meter Awareness is fighting against forced installation of smart meters based on the fact that Naperville runs a municipally-owned electric utility. Any victory we accomplish should be applicable to other similarly situated electric customers.

If you are not a customer of a municipally-owned utility, we would suggest working with your local government to pass an ordinance mandating that electric customers must give “opt-in” consent to the use of a smart electric meter. Also, one could work with their state representatives to have Illinois state law SB1652 amended to include the requirement of “opt-in” consent.


Maine Coalition To Stop Smart Meters has a case pending in the Maine Supreme Court.

The Coalition to Stop Smart Meters in BC, Canada has a lawsuit.