Sysco Fuel Surcharge Class Action Settlement

Businesses and individuals that paid a fuel surcharge to restaurant supplier Sysco can now benefit from a $6.6 million class action settlement.

This Sysco class action settlement resolves three separate class actions brought in Georgia, Florida and California, alleging the fuel surcharge that Sysco Corp. charged some of its customers for delivery was a violation of state business laws and the company’s own contract.

In the Florida action, plaintiffs Barnacle Bill’s Oyster Bar and The Handlebar and Grill alleged Sysco’s fuel surcharge had nothing to do with the company’s actual fuel costs.

The plaintiffs claim that within their industry, “surcharge” has a commonly understood meaning. By calling the charge a “fuel surcharge,” Sysco implies that it is “related to the increased fuel costs it incurs in delivering products, that it fluctuates as such costs fluctuate, and that it is used to offset such costs.”

But that’s not how Sysco assesses the charge, according to the plaintiffs. They say Sysco assessed the same charge in all parts of the U.S., without regard to variances in local fuel prices, and that Sysco always charged more than its actual costs for transportation.

Sysco continues to deny that it did anything wrong in the assessment of these fuel surcharges. The company says it agreed to this Sysco class action settlement in the interest of avoiding further litigation.

The settlement requires Sysco to put up a $6.6 million fund. After this fund is used to cover incentive awards for the class representatives, class counsel’s attorneys’ fees and court costs, and settlement administration costs, the remaining funds will be distributed among qualifying Class Members who submit valid and timely claims.

Class Members must submit a claim to get payment. Each Class Member should submit one Claim Form, even if they had multiple locations that were serviced by Sysco.

Any Class Members who want to be excluded from the settlement or object to its terms must submit a written request by Feb. 1, 2018.

Who’s Eligible

With certain exceptions, Class Members include “[a]ll customers in the United States which paid Defendant one or more of the Fees at any time within the Class Period, and whose contracts pursuant to which such Fees were paid do not expressly set forth the manner of calculating the Fees.”

The Class Period runs from March 1, 2011 to Dec. 22, 2017.

Potential Award

After litigation expenses are paid, the $6.6 million settlement fund will be distributed to Class Members who submit a timely and valid claim. Each Class Member’s settlement payment will be based on the total amount of fees they paid as a percentage of the total fees paid by all Class Members.

Proof of Purchase

Class Members may, but do not have to, submit their invoices from Sysco with their Claim Form. Otherwise, Sysco’s own records will be used to determine payment.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

5/1/2018

Case Name

Final Hearing

2/15/2018

Settlement Website

www.FuelSurchargeSettlement.com

Claims Administrator

Grilling the Dream, Inc. et al. v. Sysco Corporation
c/o Dahl Administration
PO Box 3613
Minneapolis, MN 55403-0613
1-866-431-9933
info@FuelSurchargeSettlement.com

Class Counsel

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

Patrick S. Flynn
FLYNN PEELER & PHILLIPS LLC

Defense Counsel

Lawrence Silverman
AKERMAN LLP