BFI WASTE SERVICES SETTLEMENT

New Merkle Investors, LLC v. BFI Waste Services, LLC et al.

No. CV-2021-903302

A proposed Settlement has been reached with BFI Waste Services, LLC and several of its corporate affiliates (collectively “Defendants”) arising out of claims that Defendants increased their prices for waste hauling and recycling services for contracted commercial and industrial customers by an amount in excess of that allowed by certain underlying contracts.

Who is Included?

Class Members include all individuals who (1) were an open-market commercial or industrial customer residing in South Carolina, Florida, California, Pennsylvania, Massachusetts, Michigan, Illinois, Texas, Ohio, Indiana, Arkansas, Oklahoma, and Jefferson County, Alabama, (2) entered into an automatically renewing written contract for waste hauling and/or recycling services with Defendants or their corporate affiliates; (3) have a contract containing a rate adjustment provision, and (4) paid rate increases in excess of the combined total of 6% for cost increases plus the increase in CPI during the applicable Class Periods. Full details explaining rate adjustment language in contracts and the class periods defined by State can be found in the full Notice available on the Court Documents page of the this website.

What does the Settlement Provide?

Defendants have agreed to make settlement funds available to resolve any valid claims made by Settlement Class Members. You may be entitled to receive a benefit as a Settlement Class Member. Settlement Class Members who submit a valid claim by the deadline (as set out below) may receive either: (A) $100 with presentment of their account number; or (2) $200 (or possibly more) with presentment of a copy of their contract with one of the Defendants and an invoice reflecting the price increase during the relevant time period. If claims exceed the Net Settlement Amount, the payments to class members will be subject to a pro rata decrease.

How To Get Benefits:

You must complete and file a Claim Form online or by mail postmarked by April 30, 2026, including required supporting document. You can file your claim online through the claim portal, available in the "File a Claim" page of this website. To file a claim through the portal, you will need the Login and Password that was provided to Class Members in their Postcard Notice.

Your Other Options:

If you do not want to be legally bound by the terms of the Settlement, you must exclude yourself by March 17, 2026. If you do not exclude yourself, you will be bound by the terms of this Settlement Agreement and you will release any claim you may have (as defined in the Settlement Agreement) related to the underlying settlement with Defendants, as more fully described in the Settlement Agreement, available on the "Court Documents" page of this website.

If you do not exclude yourself, you may object to the Settlement by March 10, 2026, as more fully described in the Settlement Agreement, available on the "Court Documents" page of this website.

The Fairness Hearing

The Court will hold a Final Approval Hearing on March 31, 2026, at 3:00 p.m. before the Honorable Judge Shera Grant of the Circuit Court of Jefferson County, Alabama, 716 Richard Arrington Jr Blvd, Birmingham, AL 35203, to consider: whether to approve the Settlement, service awards, attorneys’ fees and litigation expenses, as well as any objections. You or your attorney may request to appear at the hearing, but you are not required to do so. The hearing may be held remotely, so please check this website for any updates.

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