Bach Enterprises, Inc. v. Advanced Disposal Settlement

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Bach Enterprises, Inc. v. Advanced Disposal Settlement
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If you are or were a customer of Advanced Disposal,

you could get a payment from a class action settlement.


Three plaintiffs in three separate class action lawsuits (the “Litigation”) filed in two different states sued certain Advanced Disposal companies, including Advanced Disposal Services, Inc., Advanced Disposal Services Solid Waste Southeast, Inc., Advanced Disposal Services Alabama, LLC, Advanced Disposal Services Atlanta, LLC, and Advanced Disposal Services South, LLC, together with their current, predecessor, and successor parents, subsidiaries, affiliates, purchasers, and related companies (collectively, “Advanced Disposal”), alleging Advanced Disposal improperly charged its customers “fuel surcharges,” “fuel fees,” “energy recovery fees,” “energy charges,” “environmental fees,” “environmental charges,” “administrative fees,” “administrative charges,” “late fees,” and “service fees,” and any substantively similar charges (regardless of term used when charged) (“Fees”). The three class actions have since been consolidated through amendment into this action to seek approval of a class wide settlement.

The Court has allowed the lawsuit to proceed as a class action on behalf of all customers in Georgia and Alabama which paid Advanced Disposal one or more of the Fees during a prescribed Class Period.

This settlement was reached after almost ten 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. Six separate law firms have expended thousands of hours of attorney time pursuing three cases in two different states for the plaintiffs. The two most recent mediation sessions which led to this settlement were overseen by Terrence M. White, Esq.

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.


To file an online claim please click here or click on the “File a Claim” page link at the top of this page.

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


SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS

SUBMIT A CLAIM FORM

The only way to get a payment from the settlement is to timely submit a valid claim form either online or through the U.S. Mail.  The deadline to submit a claim form is November 4, 2019.

 

EXCLUDE YOURSELF

The only way to exclude yourself from the settlement (or “opt-out”) is to provide timely written notice. If you opt out, you will not receive the benefits of this settlement but this is the only option that allows you to ever be part of any other lawsuit against Advanced Disposal about the legal claims in this case.

 

OBJECT

Write to the Court about why you don’t like the settlement.

DO NOTHING

If you do nothing, you will not receive a payment.  But you still will give up your right to sue Advanced Disposal and/or the Released Parties about the legal claims in this case (unless you exclude yourself).  To receive a payment, you must submit a claim form.

 



What is the lawsuit about?

The lawsuit claims that Advanced Disposal improperly charged and collected the “Fees.” According to Plaintiffs, Advanced Disposal did not have the right to charge the Fees. Advanced Disposal denies that it did anything wrong, and the Court has not found that Advanced Disposal did anything wrong. This settlement is entered solely to resolve disputed and contested claims.

What does the Settlement provide?

The settlement is for a total of $2,999,000.00, a portion of which is to be paid to Class Members who timely submit valid claims after any Court approved amounts for attorney’s fees, class representative incentive awards, and reimbursed litigation expenses are paid from this amount. This remaining amount is referred to as the “net settlement fund.” No money from the Settlement Fund will revert to ADS if the Settlement receives Final Approval.

What can I get from the Settlement?

If you are a Class Member who timely submits a valid claim, you will be eligible to receive up to one hundred (100%) of the total amount of Fees you paid during the periods set forth in the Class definition (as noted in Section 5 above). However, if the total value of all claims exceeds the amount of the net settlement fund, you will receive a reduced recovery based on your pro-rata share of Fees you paid. The total amount of the Fees you paid as a percentage of the total amount of Fees paid by all Class Members who timely submit valid claims will ultimately determine your percentage share of the net settlement fund.

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