Unethical and fraudulent practices by companies taking advantage of the disadvantage need to be pursued legally to ensure those financially injured are compensated, federal class action lawsuit attorney Keith T. Belt says
A recent lawsuit Belt, Bruner, & Barnett P.C. on behalf of their client, Janoka, Inc., The medicine Shop, against Veolia ES Solid Waste Southeast, Inc. alleges that the plaintiff was being victimized by unfair and deceptive practices regarding overcharges for annual fees and services. The Plaintiff brings this lawsuit on its own behalf, and on behalf of all other similarly situated customers.
Most waste management companies, servicing commercial customers, have Service Agreements that have a variety of clauses written into them, which bind the customer to a series of fees and allow the company to take certain actions.
Agreements are long-term and “evergreen” meaning they automatically renew for another term, unless the customer gives notice within a short window of time by certified mail. Agreements contain stringent enforcement mechanisms, for the company, to collect liquid damages for “early termination” and seek attorney’s fee plus costs for failure to pay damages. They also allow the company to increase the service rate each year by a percentage equal to the rate of inflation. Agreements many additionally reflect a separate “fuel charge” to account for increases in the price of fuel
According to complaints filed against Veolia ES Solid Waste Southeast, Inc the plaintiff makes the following factual allegations with respect to the company’s agreements:
Long-term “evergreen” provisions are punitive in nature locking the customers into long-term, auto-renewing contracts with no reasonable method of avoiding wrongful conduct.
Annual increases in the service rate charged each year should reflect the rate of inflation published by the U.S. Department of Labor, Bureau of Labor Statistics in the U.S. City Average Consumer Price Index For All Urban Consumers (CPI-U). The recent annual rate increases, experienced by the Plaintiff, do not reflect the rate of inflation and in fact rates were increased even in years when inflation was negative.
An additional “fuel charge” was separately billed to the Plaintiff even though the Consumer Price Index includes increases in the cost of fuel. Thereby, the Plaintiff suffered arbitrary and inflated rate increases above and beyond what is allowed contractually.
If you or a loved one were injured in a devastating accident, call the class action lawsuit attorneys from Belt, Bruner, & Barnett P.C. at (205) 933-1500 or use our online form. We offer a case evaluation free of charge and are ready to help you obtain full compensation for your losses. With offices in Birmingham, Mobile, Huntsville, and Montgomery, our attorneys will quickly travel to investigate your case.