A settlement has been reached in a class action lawsuit claiming Airgas charged a fuel surcharge on purchases in violation of the terms of its agreements and in excess of its fuel costs.
The terms of the settlement have yet to be approved, but several Classes of consumers may be able to benefit from the fuel surcharge settlement:
- Class A: Airgas cylinders customers with a written, fully executed “Cylinder Product Sales Agreement” with the company and who paid a fuel surcharge during the Class Period of Jan. 1, 2014, through Dec. 20, 2020.
- Class B: Airgas bulk gases customers with a written, fully executed “Bulk Product Sales Agreement” with Airgas who paid a fuel surcharge on purchases during the Class Period.
- Class C: All other Airgas customers who did not have a fully executed written agreement with the company and who paid a fuel surcharge on purchases during the Class Period.
Airgas, founded in 1982, supplies industrial, medical and other specialty gases, welding supplies, safety products, dry ice, and a number of other products to its customers.
According to the plaintiffs in the fuel surcharge class action lawsuit, the charges implemented by Airgas were inconsistent with the terms of the agreements or were in excess of the company’s costs for fuel.
The plaintiffs allege Airgas is therefore in breach of contract with some of its customers and violated some state laws.
Airgas, for its part, denies any allegations of wrongdoing, but has agreed to a settlement to end the case.
Class Members who submit a valid claim form will receive either a settlement check or credit refunding a portion of the fuel surcharge amounts paid — 50 percent, 15 percent, or 10 percent, depending on which Class they are part of.
The total amount paid to each Class Member will be determined by Airgas company records. However, consumers may submit their own records, as well. Multiple transactions should be recorded on the same claim form
Individual Class Member payouts will be capped at $5,000.
A fairness hearing is set for Feb. 15, 2021.
The deadline to object or exclude yourself from the settlement is Feb. 1, 2021; however, a motion to extend that deadline to Feb. 5, 2021, is under consideration.
Claim forms must be submitted online or by mail no later than 75 days after the settlement receives final approval.
Top Class Actions is following this case and will provide updates on this settlement as they become available.
Did Airgas subject your purchase to a fuel surcharge? Let us know in the comment section below.
The plaintiff is represented by Price Armstrong LLC.
The Airgas Fuel Surcharge Class Action Lawsuit is Tallahassee Pediatric Dentistry PLLC, et al. v. Airgas USA LLC, Case No. 2020-00006, in the Superior Court of Dougherty County, State of Georgia.
Read About More Class Action Lawsuits & Class Action Settlements:
Suing for unpaid wages in California: Recover unpaid overtime, back pay and more
April 2, 2026 | Legal News
11 thoughts onAirgas Fuel Surcharge Settlement Could Provide Up to $5K for Class Members
Were claims ever paid out on this?