Purcell v. United Propane Gas, Inc.
14-CI-00729

FAQ

 

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  • The purpose of the notice is to let you know that there is a pending class action lawsuit in the McCracken Circuit Court in McCracken County, Kentucky which affects your legal rights. 

  • In the lawsuit, Plaintiff's claim that United Propane Gas did not have the right under the 2013-2014 PreBuy KeepFull Agreement to suspend or ration deliveries under the circumstances during the winter of 2013-2014. On these grounds, Plaintiffs have sought to recover damages on behalf of the class.

    United Propane Gas denies any wrongdoing, that it owes any money, or that they injured or damages any class member in any way.  

  • The settlement class consists of all residential customers who purchased a 2013-2014 "PRE PURCHASE 'PREBUY KEEPFULL' GAS SUPPLY AGREEMENT" from United Propane Gas, Inc. or any of its affiliates that was intended to cover the fall and winter of 2013-2014. 

    All settlement class members are eligible to receive cash or credit, with the exception of (a) any class member who received payment through the case styled Andy Beshear v. United Propane Gas, Inc. et al., 14-CI-00120, which was filed in Franklin Circuit Court in Franklin County, Kentucky; (b) any class member who received a delivery from United Propane Gas of at least fifty (50) gallons of propane at their prebuy contract rate between January 20, 2014 and January 27, 2014; (c) any class member who had already purchased and received all of their contracted for prebuy propane from United Propane Gas on or before January 27, 2014; and (d) any class member who (i) ordered contracted for prebuy propane before January 27, 2014; (ii) received the propane during the suspension period (January 27 to February 13, 2014) or (iii) ordered the propane during the suspension period but received the propane after the suspension period and (iv) were charged the current market rate for it rather than the prebuy contract rate; but (v) had his or her account credited for this gas on or before June 15, 2014, with the difference between the market rate and the prebuy contract rate. 

    If you are unsure whether you are an eligible class member in this settlement, contact class counsel:

    John S. Friend
    Robert W. "Joe" Bishop
    Tyler Z. Korus
    Bishop Korus Friend, PSC
    6520 Glenridge Park Place
    Suite 6
    Louisville, KY 40222
     


    Frank H. Tomlinson
    Tomlinson Law, LLC
    2100 First Ave N
    Suite 600
    Birmingham, AL 35203
     


    Michael M. Pitman
    Haverstock, Bell & Pitman
    211 S. 12th Street
    Murray, KY 42071

  • If you choose to remain a class member for this settlement, you will be bound by the settlement. You will be eligible to receive the cash or credit as described if you filled out a claim form. Class counsel have agreed to represent class members on a contingent basis, meaning that you will not be personally responsible for class counsel's attorneys' fees or costs. 

    If you chose to be excluded from this settlement, you will not be bound by the settlement. However, you will not have any right to receive money obtained as a result of the settlement. You will retain the right to individually pursue any legal rights you may have against United Propane Gas with respect to claims asserted in this case. 

  • If you wish to be excluded from the class, you must have sent a letter by first class mail containing the following information: (1) your name; (2) your mailing address; (3) the statement "I want to be excluded from the Purcell, et al v. United Propane Gas case."; and (4) the signature of the person requesting exclusion to:

    Settlement Administrator
    UPG Litigation
    c/o JND Legal Administration 
    P.O. Box 91344
    Seattle, WA 98111

    Please note, you cannot exclude yourself from the class by telephone or by email. You must have mailed your request, received no later than October 10, 2018. (Deadline has now passed.)

  • To receive any money from the settlement, you must have completed and submitted a claim form by October 10, 2018. (Deadline has now passed.)

    The contact information for the Settlement Administrator is: 

    Settlement Administrator
    UPG Litigation
    c/o JND Legal Administration 
    P.O. Box 91344
    Seattle, WA 98111

    Under the settlement, two types of class members are eligible for either a credit or cash, depending on whether you are a current or former customer. If you have maintained an account with United Propane Gas within the past three (3) years, you will be considered a current customer. 

    a)     Eligible class members who paid current market rates for propane from October 1, 2013 through March 31, 2014 ("prebuy period") and do not fit within any exceptions set forth in the definition of the class, will be eligible for either a $150.00 credit if such class member is still a customer of United Propane Gas, or $150.00 cash if such class member is no longer a customer of United Propane Gas. 

    b)     Eligible class members who requested/ ordered prebuy propane from United Propane Gas during the prebuy period but were denied such propane and do not fit within any exceptions set forth in the definition of the class, will be eligible for either a $75.00 credit if such class member is still a customer of United Propane Gas, or $75.00 cash if such class member is no longer a customer of United Propane Gas. 

  • The Court has appointed the following attorneys to represent the class in this lawsuit: John S. Friend, Robert W. "Joe" Bishop, Tyler Z. Korus, Frank H. Tomlinson, and Michael Pitman. 

    Together, these lawyers are called Class Counsel. You will not be charged for these lawyers' work in securing the settlement benefits for you and the other class members. If you want to be represented by your own lawyer, you may hire one at your own expense. 

  • Class Counsel have agreed to represent class members on a contingent basis, meaning that you will not be personally responsible for Class Counsel's attorneys' fees or costs. All fees, costs, and expenses are going to be paid directly by United Propane Gas in an amount approved by the Court. 

For More Information

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Mail

Settlement Administrator
UPG Litigation
c/o JND Legal Administration
P.O. Box 91344
Seattle, WA 98111