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Primary plaintiff All-South Contractors, which operates as a small commercial roofing business, filed the Florida AmeriGas class action lawsuit in 2014. The lead plaintiff alleged AmeriGas illegally overcharged customers who purchased propane gas delivered by the fuel company.
According to court documents, All-South Contractors asserted the defendant charged a delivery fee disguised as a “fuel recovery fee.” All-South Contractors insisted in the class action lawsuit that the delivery fee does not involve actual fuel costs. The commercial roofing company claimed the delivery fee remains flat for all customers, regardless of the unique business costs sustained for each delivery. Moreover, All-South Contractors alleged AmeriGas does not apply the delivery fee to reduce fuel costs, but instead, AmeriGas deposits the delivery fee in a bank as profit.
All-South Contractors claimed it paid the alleged bogus delivery fee several times throughout 2010 during roofing work performed at the National Flight Academy located in Pensacola, Florida.
The terms of the class action settlement require AmeriGas to set up a $1.8 million fund to compensate eligible class members and the primary plaintiffs for filing the class action lawsuit. Money from the fund also goes towards paying court costs and attorney fees. AmeriGas continues to deny the allegations presented in the class action lawsuit, but the company settled the case to avoid the uncertainty of a civil trial verdict.
What You Need To Know About The AmeriGas Fuel Recovery Florida Class Action Settlement Details
Eligible class members of the AmeriGas class action settlement “includes all AmeriGas customers, excluding Legacy Heritage Propane customers, who paid fuel recovery fees related to delivery of propane or any other transaction within Florida during the class period.” Class members have until November 6, 2017 to opt out of the class action settlement or contest any of the agreement provisions. The potential award varies, as claimants can receive compensation as high as 40% of the entire amount paid for fuel recovery fees charged in Florida by AmeriGas during the class period. Compensation also depends on the number of valid and timely claim forms submitted to the claims administrator.
Qualifying class members must submit a valid claim form by January 15, 2018. The judge who granted preliminary approval of the class action settlement case All-South Subcontractors Inc. v. AmeriGas Propane Inc. and AmeriGas Propane LP, Case No. 2014 CA 002077, in the Circuit Court of the First Judicial Circuit in and for Escambia County, Florida has scheduled the final hearing on November 20, 2017. Find out what happened at the final hearing by accessing the class action settlement website www.FRFSettlement.com. The class action settlement website presents the list of attorneys who represent the class and defense counsels, as well as updates about the amount of the potential award.