Airgas USA Sued by Customer Over ‘Deceptive and Unfair’ Fuel Surcharge
by Nadia Abbas
Last Updated on May 7, 2019
Lit’l Pepper Gourmet, Inc. v. Airgas USA, LLC
Filed: May 3, 2019 ◆§ 3:19-cv-00837-LAB-AGS
A lawsuit alleges that Airgas USA fraudulently bills customers for fuel without actually using the money to cover the gas costs of delivering orders.
A lawsuit alleges that Airgas USA fraudulently bills customers for fuel without actually using the money to cover the gas costs of delivering orders.
Behind the proposed class action, which has been removed from state to federal court in California, is a San Diego restaurant that ordered specialty gas from the defendant for carbonated drinks. According to the suit, Airgas USA states in customer contracts that buyers will be billed for a surcharge “in the event of any extraordinary or emergency increases” in fuel costs; however, the company apparently charges this fee on an ongoing basis despite representations that it would only be applied during special circumstances. The case alleges the defendant’s fuel surcharge has nothing to do with the cost of gas and, instead, is simply used to generate extra profit.
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