AmeriGas Florida Class Action Settlement
This proposed settlement affects all customers of AmeriGas (excluding customers of Heritage Propane who became AmeriGas customers as a result of AmeriGas’ acquisition of Heritage Propane on or about January 12, 2012) who paid one or more fuel recovery fees to AmeriGas based on a delivery of propane or other transaction occurring in Florida during the “Class Period,” which is (a) from October 31, 2010 through and including June 30, 2012 for residential customers, and (b) from October 31, 2010 through and including December 31, 2012 for commercial customers.
The payments to class members will be calculated according to the total dollars they paid in fuel recovery fees to AmeriGas based on transactions occurring in Florida during the Class Period, based on data maintained in AmeriGas’ records in the ordinary course of business. The maximum amount each class member will receive is 40% of the total dollars paid in fuel recovery fees based on transactions occurring in Florida during the Class Period.
Proof of Purchase
All-South Subcontractors, Inc. v. AmeriGas Propane, Inc. et al. Case No. 2014 CA 002077 Circuit Court of the First Judicial Circuit in and for Escambia County, Florida
All-South alleges that AmeriGas violated Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq., and unjustly enriched itself in charging fuel recovery fees. All-South alleges that AmeriGas’ fuel recovery fee is deceptive because it allegedly bears no relation to AmeriGas’ actual fuel costs. All-South sought to bring the lawsuit on behalf of all persons who paid AmeriGas fuel recovery fees for propane that was delivered in Florida from October 31, 2010 to the date of class notice. AmeriGas has reviewed the claims in this lawsuit in detail, and it denies them. It is AmeriGas’ position that the fuel recovery fee is calculated monthly by AmeriGas’ finance department, based on actual data reflecting AmeriGas fuel costs and the total number of deliveries made, and a fair and accurate description of the fee appears on AmeriGas invoices, AmeriGas’ website, and AmeriGas’ terms and conditions. Although AmeriGas believes that it has always accurately and fairly disclosed its fuel recovery fees to customers and has strong arguments to prevail in the lawsuit, it has chosen to work with All-South and its lawyers to resolve this matter to avoid the expense and disruption of litigation.