New York, NY: A consumer fraud class action lawsuit called In re Pre-Filled Propane Tank Marketing and Sales Practices Litigation, MDL No. 2086, is pending in the U.S. District Court for the Western District of Missouri. The lawsuit claims that Blue Rhino, together with certain competitors, reduced the amount of propane gas in the cylinders it sold to its customers without disclosing the reduced fill to its customers and by misrepresenting or failing to disclose the actual fill of the cylinders to its customers.
The lawsuit seeks to recover the money that Plaintiffs allege customers were overcharged due to Blue Rhino's conduct. Blue Rhino denies any wrongdoing and, if the Settlement is not approved by the Court, will argue, among other things, that the case should not be a class action. The Court has not decided that Defendants did anything wrong.
Named Plaintiffs settled with Blue Rhino on behalf of all Blue Rhino tank exchange customers. Blue Rhino has made a commitment regarding its sales and marketing practices, and agreed to pay Class Members who make valid and timely claims according to a formula described in the Settlement Agreement. You are a Class Member if you purchased or exchanged one or more pre-filled Blue Rhino propane gas cylinders in the U.S. between June 15, 2005 and October 11, 2011 and did not resell the cylinder.
To participate in the proposed Settlement Fund, you must submit a timely, completed and sworn Claim Form to the Claims Administrator at the address or email listed below. Claim Forms must be postmarked or sent by email NO LATER THAN May 23, 2012. If you stay in the class, you may object or comment on the Settlement.
To be excluded from the proposed Settlement, you must submit a written request for exclusion to the Claims Administrator postmarked NO LATER THAN January 9, 2012.
To object, you must file your objection NO LATER THAN January 10, 2012 with the Court and serve on Counsel your intention to do so. Further details can be obtained from the Claims Administrator via the contact information below.
If you do nothing, you will be considered a participant in the proposed Settlement but you will not receive money, be bound by the terms of the Settlement and lose your right to sue regarding the settled claims.
