If you entered into a Rental Out Contract with Sunbelt Rentals before November 10, 2015, and paid a Pay On Return Refueling Charge or a Transportation Surcharge, you could get a payment from a class action settlement.
Claims Deadline - January 16, 2018
October 19, 2017 - Exclusions must be received by this date
October 19, 2017 - Objections must be received by this date
November 2, 2017 at 1:00 p.m. - Final Fairness Hearing
DESCRIPTION OF THE LAWSUIT
Plaintiffs in five separate lawsuits filed in five different states (the “Litigation”) have sued Sunbelt Rentals (as defined in the Settlement Agreement) (“Sunbelt”) alleging that Sunbelt charged excessive “Pay On Return Refueling Charges” and “Transportation Surcharges”. All these plaintiffs and lawsuits have been consolidated into this action for purposes of settlement.
The Court has allowed the lawsuit to proceed as a class action on behalf of all customers who entered into Sunbelt’s Rental Out contract during the Class Period, and paid one of the fees. The Class Period includes contracts dated 12/29/2013 – 11/10/2015 for Sunbelt stores within the United States, except it will include contracts dated 12/16/2013 – 11/10/2015 for Sunbelt stores located in Arizona, California, and Nevada; 12/8/2011 – 11/10/2015 for Sunbelt stores located in Miami-Dade County, Florida; and 7/21/2011 – 11/10/2015 for Sunbelt stores located in Georgia. The geographic location is based on the Sunbelt store identified in the contracts, and the geographic location is not affected by the location of the Class Member nor by the location of the job site where the equipment was used.
This settlement was reached after years of litigation, significant discovery, and multiple mediation sessions, including a mediation overseen by the Honorable Wayne Anderson (Ret.), former Judge of the U.S. District Court, Northern District of Illinois. The litigation included the review of hundreds of thousands of documents and the depositions of more than fifteen witnesses. Seven separate law firms have pursued cases in five different states for the plaintiffs.
Your legal rights are affected whether you act or don’t act. The deadlines to exercise these rights are explained in the Notice. Read carefully:
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM RECEIVED BY THE ADMINISTRATOR NO LATER THAN JANUARY 16, 2018.
This is the only way to be potentially eligible to receive a payment from the Settlement Fund. If you are a member of the Settlement Class and you remain in the Settlement Class, you will be bound by the Settlement as approved by the Court and you will give up any Released Claims that you have against Sunbelt.
To download a paper Claim Form, click here.
EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS BY SUBMITTING A WRITTEN REQUEST FOR EXCLUSION THAT IS RECEIVED NO LATER THAN OCTOBER 19, 2017.
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 Sunbelt about the legal claims in this case.
For more information on excluding yourself, click here.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION SO THAT IT IS RECEIVED NO LATER THAN OCTOBER 19, 2017.
If you do not like the proposed Settlement, or any terms therein, you may write to the Court and explain why you do not like them. You cannot object to the Settlement, or any terms therein, unless you are a member of the Settlement Class and do not exclude yourself from the Settlement Class.
For more information on opting-out, click here.
If you are a member of the Settlement Class and you do not submit a valid Claim Form, you will not be eligible to receive any payment from the Settlement Fund. You will, however, remain a member of the Settlement Class, which means that you will give up your right to sue about the claims that are resolved by the Settlement and you will be bound by any judgments or orders entered by the Court in the Litigation.
For more information on doing nothing, click here.
If you have any questions about this process, you can contact the Settlement Administrator:
SBR Fee Settlement
1801 Market Street
Philadelphia, PA 19103