Florida AmeriGas Fuel Recovery Class Action Settlement

A $1.8 million settlement is now available to benefit Florida AmeriGas customers who paid fuel recovery fees for propane gas delivery within the state.

Plaintiff All-South Contractors, a small commercial roofing company, filed this AmeriGas class action lawsuit in 2014. All-South Contractors claim AmeriGas has been unfairly overcharging customers who purchase propane gas and have it delivered.

According to the plaintiff, AmeriGas charges its delivery customers a “fuel recovery fee.” This fee has nothing to do with AmeriGas’s actual fuel costs, the lawsuit claims.

The fee is a flat rate that does not vary depending on the circumstances of each particular delivery, they assert. Furthermore, the plaintiff alleges AmeriGas allegedly factors delivery costs into the price it charges for propane. The plaintiff claims Amerigas does not apply the fee amount to its fuel costs but instead simply banks it as extra profit.

All-South Contractors says it paid this fee several times in 2010, in the course of doing roofing work at the National Flight Academy in Pensacola, Florida.

All-South claims AmeriGas designed this fee to deceive customers into paying more for propane gas delivery than they should have had to. The plaintiff argues that by charging this fuel recovery fee, AmeriGas is violating the Florida Deceptive and Unfair Trade Practices Act. All-South also brought a claim for unjust enrichment.

AmeriGas continues to deny All-South’s claims but has entered into this class action settlement in the interest of avoiding the risk and expense associated with further litigation.

AmeriGas has agreed to pay up to $1.8 million under the terms of this class action settlement. This amount will cover payments to qualifying Class Members after it is used to pay an incentive award for the plaintiff, class counsel’s fees and litigation expenses, as well as the costs of settlement administration.

Class Members can object to the settlement’s terms or exclude themselves from the settlement by filing a written request by Nov. 6, 2017.

Who’s Eligible

The settlement Class 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.

The Class Period runs from Oct. 31, 2010 through June 30, 2012 for residential customers and from Oct. 31, 2010 through Dec. 31, 2012 for commercial customers.

Potential Award

Varies.

Class Members who file valid and timely claims can receive payments for up to 40 percent of the total amount they paid in fuel recovery fees from transactions conducted in Florida during the Class Period. The payment amount could be reduced, depending on the number of valid and timely claims received.

Proof of Purchase

The settlement administrator does not request any additional documentation other than the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/15/2018

Case Name

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

Final Hearing

11/20/2017

Settlement Website

www.FRFSettlement.com

Claims Administrator

FL Fuel Recovery Fee Settlement
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
info@FRFSettlement.com
1-877-249-3096

Class Counsel

Oscar M. Price, IV
Nicholas W. Armstrong
PRICE ARMSTRONG LLC

J. Phillip Warren
C. Phil Hall
Keith Weidner
TAYLOR WARREN & WEIDNER PA

Defense Counsel

Robert C. Palmer, III
SHELL FLEMING DAVIS & MENGE PA

Joseph D. Lee
Michael B. DeSanctis
Skylar D. Brooks
MUNGER TOLLES & OLSON LLP