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Consumers who paid fuel and/or environmental fees to Waste Industries or any of the companies affiliated with Waste Industries between March 3, 2011 and September15, 2017 might qualify for compensation from a recent class action settlement. A judge preliminarily approved the class action settlement on August 9, 2017.
Lead plaintiff Wild Rides Internet Café LLC filed a class action lawsuit against Waste Industries in North Carolina, while the second lead plaintiff, Climate Masters Heating & Cooling LLC, filed another class action lawsuit against Waste Industries in a Georgia court. The Superior Court of Dougherty County, Georgia merged the two class action lawsuits.
According to class counsel, the primary plaintiffs allegedly invoiced and collected excessive fuel surcharges, which also go by the name energy recovery fees. The lead plaintiffs also asserted Waste Industries charged illegally high environmental fees. Court documents reveal Waste Industries violated binding customer contracts, as well as broke several state laws.
Terms of the class action settlement require Waste Industries to set up a $4.9 million fund that compensates eligible class members and pays the two lead plaintiffs as incentive for filing the class action lawsuit. Money also goes for paying court costs and attorney fees. Waste Industries continues to deny the class action lawsuit charges, but the company settled the case to avoid the high costs of protracted litigation.
What You Need To Know About The Waste Industries Fuel Surcharge Class Action Settlement
Eligible class members of the Waste Industries class action settlement “include all individuals and entities in the United States which paid a fuel surcharge, “energy recovery fee,” or environmental fee at any time between March 3, 2011 (or other applicable statutory date) and Sept. 15, 2017. “ Class members have until October 19, 2017 to opt out of the class action settlement or contest any of the agreement provisions. The potential award per class member depends on the amount of fees paid and the number of valid and timely claim forms submitted by eligible class members.
Class counsel estimates qualifying class members must submit a valid claim form by January 26, 2018. According to court documents, the deadline to submit a class action settlement claim form is75 days after the final hearing. The judge who granted preliminary approval of the class action settlement case Wild Rides Internet Café LLC, et al. v. Waste Industries LLC, Case No. 17 CV 756-1, in the Superior Court of Dougherty County, State of Georgia has scheduled the final hearing on November 2, 2017. To find out what happened at the final hearing, access the class action website www.WasteIndustriesSettlement.com. The class action website also presents the list of attorneys representing the class and defense counsels, as well as updates about the potential award.