Sunbelt Rentals Refueling, Transportation Fees Class Action Settlement

A $10 million settlement will benefit customers who rented equipment from Sunbelt Rentals and were charged for refueling or transportation costs.

This Sunbelt Rentals class action lawsuit is a consolidation of five different actions in which plaintiffs claim defendant Sunbelt Rentals Inc. improperly charged them excessive fees for transporting and refueling rental equipment.

Sunbelt Rentals is an equipment rental company – the second largest in the U.S., according to the plaintiffs’ amended class action complaint.

Plaintiffs say Sunbelt Rentals uses a form rental contract that allows the company to charge the renter for Sunbelt’s own costs incurred in refueling the equipment after the rental. But in practice, Sunbelt has been charging more than its actual refueling costs, the plaintiffs claim.

The plaintiffs also allege that Sunbelt Rentals charges too much to cover transportation costs. The rental contract allows Sunbelt to recoup its “deliver and pickup costs to and from the store,” yet the company has been billing renters for more than those costs by assessing a “transportation surcharge,” the plaintiffs claim.

Plaintiffs allege Sunbelt Rentals has been systematically exceeding these allowed charges, in breach of its own rental contract. Sunbelt continues to deny the plaintiffs’ allegations. The company says it agreed to this Sunbelt class action settlement to avoid the expense and risk of further litigation.

Under terms of the Sunbelt Rentals class action settlement, the company will set up a settlement fund worth $10 million that will be used to pay Class Members’ claims, incentive awards for the class representatives, litigation expenses, and class counsel’s attorneys’ fees.

Claimants need submit only one Claim Form, even if they had multiple applicable transactions with Sunbelt Rentals.

Objections to the settlement or requests to be excluded from the settlement must be received by the settlement administrator by Oct. 19, 2017.

Who’s Eligible

Class Members include all persons in the U.S. who during the applicable Class Period entered into a rental out contract with Sunbelt that contained this language:

RENTAL RATES. … . Customer is responsible for … (ii) delivery and pickup costs to and from the Store; … (vi) fuel used during the Rental Period (Customer may either return the Equipment fully fueled or a fuel charge shall be assessed (designed to cover Sunbelt’s direct and indirect costs of refueling the Equipment)) ….

The Class Period covers the following dates, depending on the location of the Sunbelt store identified in the contract:

• For stores in Arizona, California and Nevada: Dec. 16, 2013 to Nov. 10, 2015
• For stores in Georgia: July 21, 2011 to Nov. 10, 2015
• For stores in Miami-Dade County, Florida: Dec. 8, 2011 to Nov. 10, 2015
• For all other U.S. stores: Dec. 29, 2013 to Nov. 10, 2015

Potential Award

Individual payment amounts will be based on a percentage of the total amounts the Class Member paid, as determined by Sunbelt Rentals’ business records. Class Members may, but are not required to, submit their own Sunbelt invoices to supplement those records.

By default, payment will be delivered in the form of a check. Class Members can receive a 20 percent bonus on their refund by opting to receive payment in the form of credit toward a future rental from Sunbelt Rentals.

Proof of Purchase

No additional documentation is required besides the information requested on the Claim Form. At their option, claimants may submit invoices form Sunbelt Rentals in support of their claim.

Claim Form

CLICK HERE TO FILE A CLAIM »

There is no online Claim Form. Claim Forms must be printed and mailed to the settlement administrator.

Claim Form Deadline

1/16/2018 

Claims must be received by the settlement administrator no more than 75 days after the court enters its order granting final approval of the settlement.

Case Name

All-South Subcontractors Inc., et al. v. Sunbelt Rentals Inc., Case No. 1:14-CV-1376-1, in the Superior Court of Dougherty County, State of Georgia

Final Hearing

11/2/2017

Settlement Website

www.SBRfeeSettlement.com

Claims Administrator

SBR Fee Settlement
c/o Angeion Group
Suite 660
1801 Market Street
Philadelphia, PA 19103
1-855-862-9823
SBRfeeSettlement@AdministratorClassAction.com

Class Counsel

PRICE ARMSTRONG LLC

HENINGER GARRISON DAVIS LLC

Defense Counsel

Lawrence D. Silverman
AKERMAN LLP