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.

Your Legal Rights and Options in This Settlement
Submit a Claim

Deadline: December 2, 2024
To receive a benefit, you must submit a Claim Form by December 2, 2024.
Request Exclusion/Opt-Out

Deadline: October 18, 2024
This option, described here, allows you to sue or continue to sue AJB regarding missed or delayed trash and recycling services, reduced frequency of trash and recycling services, and surcharges imposed by AJB during the Class Period. If you opt-out, you will not be bound by any of the terms of the Settlement, but you will also not be entitled to submit a Claim Form for benefits under the Settlement or object to the terms of the Settlement.
Object

Deadline: October 18, 2024
You are entitled to submit a written objection telling the Court what you do not like about the Settlement pursuant to the procedures described here.
Attend the Final Approval Hearing Scheduled

TBD
You are entitled to attend the Final Approval Hearing at which the Court will consider whether to grant final approval of the Settlement. The date and time of the Final Approval Hearing may be changed by the Court. Please check this Settlement Website for updates.
Do Nothing If you are a Settlement Class Member and do nothing, you will be bound by the terms of the Settlement if it is approved by the Court, whether or not you submit a Claim Form, and you will be subject to the Release set forth in the Settlement.

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.