Welcome to the Cericola v. A.J. Blosenski, Inc. Settlement Website.
If you are a current or former customer of A.J. Blosenski, Inc. (AJB), you may be entitled to benefits from a class action settlement. The Court has preliminarily approved the Settlement. This website provides information about the Lawsuit, the Settlement, and your options as a Settlement Class Member.
The case concerns allegations that customers made payments to AJB for trash and recycling services that AJB failed to provide on the agreed upon days and times and at the agreed upon frequencies; that AJB imposed Fuel Surcharges on the putative class without proper notice or contractual basis; and that AJB unilaterally decreased the frequency of its trash and recycling services without service fee reimbursement for, or reimbursement to, the putative class. AJB denies any liability. The Parties subsequently settled the Lawsuit in order to avoid the costs, uncertainty, and inconvenience of litigation.
The Settlement provides three types of potential reimbursements to Settlement Class Members:
First, Settlement Class Members that experienced a trash or recycling pickup that AJB did not perform within 72 hours of a customer’s scheduled collection time can file a Claim (a “Missed Pickup Claim”) for reimbursement of those Missed Pickups that AJB has not already reimbursed.
Second, Settlement Class Members that had their trash or recycling services unilaterally reduced in frequency by AJB without the knowing consent of the customer (e.g. weekly service reduced to biweekly service) during the Class Period and for which AJB did not adjust the price to reflect the reduced service frequency can file a Claim (a “Reduced Service Frequency Claim”) for reimbursement of his/her/its standard price per trash or recycling pickup for each trash or recycling pickup not made, as a result of the reduction in trash or recycling service frequency, for the time period running from the initial reduction of service through the end of the Settlement Class Member’s respective contract period or the quarterly subscription period, as applicable.
Third, Settlement Class Members that paid a fuel surcharge, fuel and material surcharge, or material surcharge can file a Claim for reimbursement for Fuel Surcharges imposed by AJB on such Settlement Class Member during the Class Period without 30 days prior written notice from AJB (“Fuel Surcharge Claim”).
Reduced Service Frequency Claims and Fuel Surcharge Claims will be paid from the Settlement Fund. AJB will make an initial payment of $250,000 into the Settlement Fund and make an additional payment sufficient to cover all required distributions up to a maximum of $375,000. If insufficient funds exist to pay all Reduced Service Frequency Claims and Fuel Surcharge Claims, a pro rata reduction shall be applied uniformly in an amount sufficient—but not greater than necessary—to allow the available Settlement Funds to be distributed to all Claimants with valid Claims in satisfaction of those Claims.
An additional benefit of the Settlement is that all written contracts between AJB and Settlement Class Members with residential service contracts (excluding HOA contracts) will expire at the end of their respective current terms, rather than auto-renew for additional terms, and the provisions of the written residential service contracts (excluding HOA contracts) shall no longer apply upon expiration.
The Frequently Asked Questions (FAQs) page of this website has more information on your rights as a Settlement Class Member.
Please read the Notice of Settlement to understand your rights and options fully.