Markstein Beverage Co. Late Fees Class Action Settlement

Markstein Beverage Co. agreed to a class action settlement to resolve claims it charged excessive late fees on beer and liquor contracts.

The settlement includes California alcoholic beverage retailers who either paid a carrying charge to Markstein since Oct. 9, 2016, were assessed a carrying charge that wasn’t paid, or are parties to a Markstein contract that allows carrying charges.

Markstein Beverage Co. is a Sacramento-based company that specializes in providing beer to businesses. The company’s brewer partners include larger companies such as Busch, as well as smaller brewers from around the country. Markstein distributes these beers to businesses around the Sacramento area.

Unfortunately, the company allegedly violates California alcohol laws by charging excessive late fees.

According to the Markstein class action lawsuit, the beverage company unlawfully charges late fees of 2 percent on the 43rd day after delivery. These fees allegedly include a 1 percent late fee and a 1 percent “carrying charge” for a total of 2 percent. Plaintiffs in the Markstein class action contend that the 2 percent fees are unlawful because California law only allows 1 percent late fees to be charged on the 43rd day after delivery of alcoholic beverages.

“Instead of petitioning the legislature to repeal or amend a law that it does not like, Markstein has simply flouted the law and summarily added an unlawful interest charges to its customers’ past due invoices in excess of the finance charge required by the statute,” the beverage fee class action lawsuit contends.

Markstein Beverage Co. hasn’t admitted any wrongdoing but agreed to resolve these claims with a class action lawsuit settlement. No total settlement amount is listed in the settlement agreement.

Under the terms of the settlement, Class Members will receive a full refund of all late fees paid over 1 percent during the class period (Oct. 9, 2016, to the present). 

If Class Members were assessed excess carrying fees but did not pay them, Markstein will write these fees off. The beverage company will also eliminate contract terms that allow late fees of over 1 percent.

There are no payment estimates available because each Class Member’s payment totals will depend on their unique situation and the amount in carrying fees they were charged by Markstein Beverage Co.

The deadline for exclusion and objection is Feb. 5, 2022. 

The final approval hearing for the settlement is scheduled for March 4, 2022.

No claim form is required to benefit from the settlement. If Class Members do not exclude themselves, they will automatically receive the reimbursements described above.

Who’s Eligible

The settlement includes California alcoholic beverage retailers who either paid a carrying charge to Markstein since Oct. 9, 2016, were assessed a carrying charge that wasn’t paid, or are parties to a Markstein contract that allows carrying charges.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

Claim Form

No claim form required.

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.

Exclusion/Objection Deadline

02/05/2022

Case Name

Antigua Cantina & Grill, Inc. v. Markstein Beverage Co. of Sacramento, Case No. 34-2020-00286915-CU-BC-GDS, in the Superior Court of the State of California, County of Sacramento

Final Hearing

03/04/2022

Settlement Website

MarksteinClassAction.com

Claims Administrator

Markstein Class Action
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@marksteinclassaction.com

Class Counsel

Robert S. Green
GREEN & NOBLIN PC

Defense Counsel

Michael W. Scarborough
SHEPPARD MULLIN RICHTER & HAMPTON LLP