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This settlement is closed!
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New York Waste Management LLC customers may be able to receive cash under the terms of a $2.7 million settlement agreement with the company.
Class Members include those who, between Sept. 27, 2016, and Aug. 27, 2020, had a service agreement with Waste Management of New York LLC for their New York mailing address and were charged a fee for a paper billing statement.
In September 2019, lead plaintiff Julianne Heigl accused the company of violating New York law that prohibits surcharges for customers who request paper billing statements. The plaintiff alleged she and other customers had been assessed a $6.50 “Administrative Fee” that purportedly covered the costs of issuing a paper billing statement and processing mailed payments.
Waste Management of New York LLC and its parent company, Waste Management Inc., provided residential waste management services in New York. Waste Management of New York is in the state, while Waste Management Inc., is a Delaware corporation with its principal place of business in Texas.
“Waste Management, Inc. is one of the nation’s leading providers of residential waste management services, including garbage collection and disposal,” the complaint noted.
The class action lawsuit pointed out that the state of New York enacted a law prohibiting such charges in 2011. According to the complaint, these fees unfairly affected low-income consumers who do not have reliable internet access, as well as those who are not comfortable using the internet for financial transactions, such as senior citizens.
In addition, legislators have noted forcing consumers into electronic billing statements by charging a fee puts the burden and expense of printing statements on the customer.
The plaintiff also noted the New York statute prohibiting fees for paper billing statements comes with steep fines for violations.
Waste Management of New York admitted no wrongdoing, but agreed to pay $2.7 million to end the class action lawsuit. In addition to the multimillion-dollar settlement, the company agreed to change its practices to come into compliance with New York laws prohibiting fees for paper billing statements and to process payments made by mail.
“Plaintiffs and Class Counsel … have taken into account the uncertain outcome and risks of litigation, especially in complex class actions, as well as the difficulties inherent in such litigation,” the settlement agreement notes. “Based on its evaluation, Class Counsel has concluded that the terms and conditions of this Agreement are fair, reasonable, and adequate to the Settlement Class, and that it is in the best interests of the Settlement Class to settle the claims raised in the Action pursuant to the terms and provisions of this Agreement.”
Class Members will be entitled to a share of the $2.7 million settlement award once the plaintiff’s award, attorney and administrative fees are paid. Each Class Member’s award will depend on the total number of claims filed.
Current Waste Management customers who are Class Members do not need to submit a claim form. Those with active accounts will receive a credit and those who closed their accounts after Aug. 27, 2020, will receive a check.
Former Waste Management customers will need to submit a claim form to take part in the class action settlement. Claim forms can be submitted online or by mail. Online claim forms require a Class Member ID available on the settlement notice. Class Members who did not receive a settlement notice will need to submit a claim form by mail that includes the property address with the Waste Management of New York account.
The deadline to submit a claim form is Feb. 20, 2021. The deadline to object to or opt out of the settlement was Nov. 6, 2020. The final hearing is scheduled for Jan. 6, 2021.
Who’s Eligible
Individuals who, between Sept. 27, 2016, and Aug. 27, 2020, had a service agreement with Waste Management of New York LLC for their New York mailing address and were charged a fee for a paper billing statement.
Potential Award
To be determined.
- Class Members will receive an equal share of the $2.7 million settlement award after plaintiffs’ awards, attorney and administrative fees are paid.
- Each Class Member’s award will depend on the total number of claims.
Proof of Purchase
No claim form is required for current Waste Management of New York LLC customers.
Class Members without an active account will need to submit a claim form with their Class Member ID or the mailing address registered with their former Waste Management account.
Claim Form
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
02/20/2021
Case Name
Heigl v. Waste Management of New York LLC, Case No. 1:19-cv-05487-WFK-ST, in the U.S. District Court for the Eastern District of New York
Final Hearing
01/06/2021
Settlement Website
Claims Administrator
Heigl v. Waste Management
c/o Heffler Claims Group
PO Box 7767
Philadelphia, PA 19101-7767
1-844-271-4789
Class Counsel
Philip L. Fraietta
BURSOR & FISHER P.A.
Defense Counsel
Philip G. Spellane
HARRIS BEACH PLLC
Read About More Class Action Lawsuits & Class Action Settlements:
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