If You Are a Person who Purchased or Exchanged One or More Pre-Filled Blue Rhino Propane Gas Cylinders in the United States; From June 15, 2005 to October 11, 2011, Not for Purposes of Resale, You May be Eligible to Receive Up to $150.00 in Cash Through a Proposed Class Action Settlement.
A class action settlement has been reached in a class action lawsuit pending against Ferrellgas Partners, L.P., Ferrellgas, Inc., and Ferrellgas, LP (“Blue Rhino” or “Defendants”) in the United States District Court for the Western District of Missouri (styled In Re: Pre-Filled Propane Tank Marketing and Sales Practices Litigation, MDL Case No. 2086) alleging that while Blue Rhino marketed and sold pre-filled propane cylinders as “full,” Blue Rhino failed to disclose that it reduced by two pounds or more the amount of propane sold to Plaintiffs and the members of the Class, and misrepresented or failed to disclose that the cylinder was not full and/or the actual amount of propane in each cylinder, according to the Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank class action lawsuit settlement notice.
The Proposed Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank Settlement has three parts: (1) cash payments to consumers who file valid and timely claims; (2) injunctive relief that requires Blue Rhino to (a) make certain disclosures for three years regarding the actual net weight of the propane contained in its cylinders and (b) retain an outside law firm that will provide Antitrust Compliance Training to specified in-house officers, directors and employees of Blue Rhino and Ferrellgas by a date certain; and (3) depending on the aggregate value of the valid claims received from Class Members, a charitable contribution to up to ten energy assistance programs for low income citizens known as LIHEAPs (Low Income Home Energy Assistance Programs) as approved by the Court.
Blue Rhino has reportedly agreed to pay up to twenty-five million ($25,000,000) U.S. Dollars to pay valid claims and certain costs, exclusive of attorneys’ fees and costs and service awards of the Named Representative Plaintiffs.
The Proposed Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank Settlement allows eligible customers to submit a claim and receive, if the claim is timely and valid subject to the possibility of pro rata reduction, either:
- Payment of $7.50 for each transaction for which you submit valid proofs of purchase, up to a maximum of $150.00; or
- A one-time payment of $7.50, which will be payment in full for all your purchases if you do not have valid proofs of purchase.
The Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank
pre-filled propane gas cylinder settlement class members reportedly include all persons who purchased or exchanged one or more Blue Rhino pre-filled propane gas cylinders, not for resale, in the United States between June 15, 2005 and October 11, 2011, who are not otherwise excluded from the class action settlement.
The Court will hold a Fairness Hearing on February 24, 2012, at 9:00 a.m., before the Honorable Gary Fenner, United States District Court Judge, at the United States District Court for the Western District of Missouri, Charles Evans Whittaker Courthouse, 400 East 9th Street, Kansas City, Missouri 64106, to determine, among other things, whether the Proposed Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank class action settlement of the Lawsuit on the terms set forth in the Settlement Agreement is fair, reasonable, and adequate for the Settlement Class as a whole and should be granted final approval.
For more information on the Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, visit the Blue Rhino Propane Gas Cylinder & Pre-Filled Propane Tank class action settlement website:
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