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AmeriGas Class Action Settlement In Class Action Lawsuit Over Marketing and Sale of Pre-Filled Propane Gas Cylinders

If You Are a Person who Purchased or Exchanged One or More Pre-Filled AmeriGas Propane Gas Cylinders in the United States; From June 15, 2005 to November 30, 2009, Not for Purposes of Resale, You May be Eligible to Receive Up to $75.00 in Cash Through a Proposed Class Action Settlement.

A class action settlement has been reached in a class action lawsuit pending against AmeriGas Propane, Inc., AmeriGas Partners, L.P., and AmeriGas Propane, L.P. (“AmeriGas” 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 AmeriGas marketed and sold “full” propane cylinders to their customers, AmeriGas 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 class action lawsuit settlement notice.

The AmeriGas pre-filled propane gas cylinders class action settlement reportedly provides that AmeriGas has agreed to pay up to ten million ($10,000,000) U.S. Dollars to pay valid claims and certain costs, exclusive of attorneys’ fees and costs and incentive awards of the named representative plaintiffs.

The AmeriGas pre-filled propane gas cylinders class action settlement reportedly 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 $5.00 for each transaction for which they submit valid proofs of purchase, up to a maximum of $75.00; or a one-time payment of $5.00, which will be payment in full for their purchases for which they do not have valid proofs of purchase.

The AmeriGas pre-filled propane gas cylinder settlement class members reportedly include all persons who purchased or exchanged one or more of AmeriGas’s propane gas cylinders, not for resale, in the United States between June 15, 2005 and November 30, 2009, who are not otherwise excluded from the class action settlement.

Under the class action settlement, AmeriGas has also reportedly agreed to, among other things, make certain additional disclosures and not make certain untrue statements in order to ensure that consumers receive clear and conspicuous disclosures regarding the actual net weight of propane in AmeriGas’s cylinders at the point of sale and in its marketing.

The court is scheduled to hold a settlement fairness hearing on October 1, 2010, at 9 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 class action settlement is fair, reasonable, and adequate for the settlement class and should be granted final approval and whether the certification of the settlement class should be made final.

For more information on the AmeriGas pre-filled propane gas cylinders class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, visit the AmeriGas propane class action settlement website:

www.propanesettlement.com

If You Have Thoughts On TheAmeriGas Pre-Filled Propane Gas Cylinders Class Action Lawsuit Settlement, Share Your Settlement Comments Below.

{ 15 comments… add one }
  • d mahoney June 23, 2010, 8:21 am

    this proposed settlement favors only AmeriGas. I, along with most people would not keep the receipt from a cash transaction for a tank swap for one week, let alone five years. As a result, I am limited to one transaction (which was made two days ago, but again, I think I discarded the receipt).

    • Rob Mills July 7, 2010, 5:21 pm

      No telling how many of those tanks I have purchased but who keeps receipts. I had been thinking that those tanks didn’t go as far as they used to.
      I now know why it suddenly cost more to have a tank refilled than to exchange it. Think I’ll go back to having U-haul refill mine and get what I pay for.

  • DKS June 24, 2010, 8:32 am

    …and by “two days ago,” I assume you mean sometime “between June 15, 2005 and November 30, 2009.”

  • Greg June 26, 2010, 11:10 am

    I agree with the above post. Who has receipts for propane exchanges? I know I usually change tanks every 2 months, but I have no proof of that. This is a ridiculous method to settle the suit–it definitely favors Amerigas and the lawyers handling the suit.

    • KD August 1, 2010, 5:21 pm

      I have kept every reciept from my credit/debit cards since 1999. I made it a habit to do so “just in case”! $75 is $75, TYVM AmeriGas!

  • Tommy July 7, 2010, 6:31 am

    I agree with all of above and who keeps receipts that you are not using for tax purposes. I did write Amerigas when they had the coupon attached to the cylinder for a rebate informing you what their reason for not filling it up to 20lbs not once but twice. I said if I had known that they were shorting me on the gas I would have not purchased it and this would be the last one. That I would go back to having bottles filled so I get 20 lbs. And the lawyers are the ones that reap the benefits. I am not going to mess with getting the $5 either.

  • Kathy July 7, 2010, 8:08 am

    I agree with all of the above comments. No reciepts, no benefits. what an arbitrary amount they have choosen with the ten million! Once again, the consumer is not properly considered or compensated for big business coruption! Of course I have no reciepts. Thanks for the notification! LOL What a farce.

    • admin July 7, 2010, 9:46 am

      Kathy,

      According to the AmeriGas class action settlement notice, class members can get, in the alternative, “A one-time payment of $5.00, which will be payment in full for your purchases for which you do not have valid proofs of purchase.” So, it appears that a class member can still get some benefits without a receipt.

  • Richard July 19, 2010, 9:40 pm

    OK all you guys that don’t have receipts just do what I did. Simply go back to your retailer, show them the notice and settlement documents and if they remember you, mine did they will open the cage and let you cut 15 of the OLD proofs of purchases off the tanks going back for refill. Bada boom $75 bucks for the price of a stamp. Get the old white background ones not the new blue back ground ones. I did the same thing with the Kodak class action. I bought up 50 cameras at garage sales and followed the rules peeled off the aluminum lables mailed them in and again score. I love class actions.

  • Wayne Maddox July 30, 2010, 4:19 pm

    While I agree with all of the above, I have to add “support your independent gas dealer”!! We have been in the propane business for over 50 years and have stayed in business by giving customers exactly what they pay for which was mandated byt the 2 generations before me!!

  • Deborah Richter August 2, 2010, 11:18 am

    Purchased a gas grill from Wal=mart May of 2004. I always returned my gas tank to Wal-Mart and exchanged it at least 3 times a year lately but when I first got it it was maybe 2 a year. Now this explains why it has been more now. I grill out alot because it mean less dishes to clean afterward. I also did not keep my sale receipts. As for Richard above I feel that this world it made of law suits and it is due to people like Richard that loves class action law suits and take advantage of a get rich without doing anything. Shame on you Richard.

  • John Q. Public August 2, 2010, 10:02 pm

    Hey Debbie Richter, that Richard guy is not doing anything wrong or getting rich either. He knows his retailer, is a loyal shopper and they recognize that. They were the ones that opened the cages for him and allowed for him to participate in the refund class action. As for his camera thing if he played by the rules then go man go. This is what those democrats in power want us to do take advantage of the system and bbq our ribs or chicken and eat corn and watermelon right?

    • URANASSHOL August 27, 2010, 2:46 pm

      NO HE WAS A NICE REPUBLICAN WHO ALLOWED TO TAKE AVANTAGE OF THE SYSTEM.

  • Gordon Kraft August 12, 2010, 5:09 pm

    I would take in 3 or four tanks each time I went .This would be during the summer months (June,July,August and Sept.) I estimate 12 to 15 a month. And no I did not keep any receipts.Why,it’s for cash.Seems like the settlement terms are in Amerigases favor.
    It’s pretty damm sad when you can’t even exchange your propane tank in without being ripped off .
    Gordon Kraft

  • Winston Thompson August 16, 2010, 4:23 pm

    Hello, My name is Winston Thompson I’m a lawyer with the Cochran firm in Jackson, MS and I represent a number of individuals who are opting out of the porposed class action settlement and filing individual claims against the company. If anyone would like to discuss this further please call me at 601-812-1000 or 1-800-843-3476. The deadline to opt out is September 1st no exceptions and yes the settlement terms do favor amerigas thats why my clients are opting out and filing suite

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