JWG INC. V. ADVANCED DISPOSAL SERVICES JACKSONVILLE

Note to Class Members: A Second Distribution was mailed on August 25, 2021.

If you are or were a customer of Advanced Disposal, you could get a payment from a class action settlement.

Three plaintiffs have sued certain Advanced Disposal companies, including Advanced Disposal Services Jacksonville, LLC, Advanced Disposal Services, LLC and Advanced Disposal Services, Inc., together with their current, predecessor, and successor parents, subsidiaries, affiliates, purchasers, and related companies (collectively, “Advanced Disposal”), alleging that Advanced Disposal improperly charged its customers “fuel surcharges” and “environmental fees” and any substantively similar charges (regardless of term used when charged) (“Fees”).

The Court has allowed the lawsuit to proceed as a class action on behalf of all customers in Florida who paid Advanced Disposal Services Jacksonville, LLC one or more of the “fuel surcharges” or “environmental fees” between July 12, 2007 to September 12, 2018.

This settlement was reached after almost eight years of litigation and seven mediation sessions. The litigation included the review of hundreds of thousands of documents and the depositions of approximately fifteen witnesses. Two law firms have expended over 10,000 hours of attorney time pursuing this case for the plaintiffs. The two most recent mediation sessions which led to this settlement were overseen by Terrence M. White, Esq.

Your legal rights are affected whether you act or don’t act. The deadlines to exercise these rights are explained below. Read carefully:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
DO NOTHING AND RECEIVE AN AUTOMATIC PAYMENT	You may be a part of the Class. If so, by taking no action, you will automatically receive a payment as explained in the Notice.
OBJECT	Write to the Court about why you don’t like the settlement.

The information currently contained on this website is only a summary. You may download a full copy of the Notice by clicking here. Since this website presents just summary information, you should review the Notice for additional details.

If you are a member of the Class, your legal rights are affected whether you act or do not act.

What is the lawsuit about?

The lawsuit claims that Advanced Disposal improperly charged and collected the Fees. According to Plaintiffs, by doing these things, Advanced Disposal violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). Advanced Disposal denies that it did anything wrong, and the Court has not found that Advanced Disposal did anything wrong.

The Second Amended and Restated Class Action Complaint has more information about the lawsuit and is available.

The Court previously ordered that notice be issued to the class on September 12, 2018. During that notice period, class members were given the opportunity to opt-out of the class or remain in the class. The Parties’ records indicate that you did not exclude yourself from the class and instead chose to remain in the class and participate in any future recovery.

How do I know if I am part of the settlement?

The Court has certified a class (the “Class” or “Settlement Class” or “Class Members”) defined as:

All Florida persons and entities who paid fuel surcharges and environmental fees to Defendants at any time from July 12, 2007, through the date of the class notice, and who were not subject to a written agreement to arbitrate with the Defendants at the time they paid the fuel surcharges or environmental fees.

Excluded from this class are municipalities, landfills, and transfer station customers, any individual currently in bankruptcy, any individual or entity whose obligations have been discharged in bankruptcy, and any judicial officer who has presided over this case.

If you received written notice of the settlement by postcard or email, then the parties believe that you are a member of the Class based upon Advanced Disposal’s records.

What does the Settlement provide?

Advanced Disposal is creating a Settlement Fund in the amount of $6,000,000.00. Class Members will automatically receive their pro-rata share of the Settlement Fund, after any Court approved amounts for attorney’s fees, class representative incentive awards, and reimbursed litigation expenses. You do not have to take any action to receive your settlement payment, and the settlement payment will be sent to you upon Final Approval of the settlement.

When would I get my payment?

The Court will hold a hearing on October 24, 2019 at 8:00 a.m. (Eastern) to decide whether to approve the settlement. If Judge Norton approves the settlement after that, and if any class member files an objection, there could be appeals. If there are any appeals, these appeals could delay payment of claims, possibly for more than a year. Updates, as necessary, will be provided online.