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Heritage-Crystal Clean Fuel Surcharge Class Action Survives Motion To Dismiss

An Illinois Circuit Court recently Denied Heritage-Crystal Clean's Motion to Dismiss Plaintiffs' fuel surcharge class action on behalf of Heritage-Crystal Clean customers in Oklahoma, West Virginia, and Alabama who were improperly charged “fuel surcharge” fees. 

McCallum, Methvin & Terrell brought suit against Heritage-Crystal Clean alleging that Heritage-Crystal Clean's charging and collecting of the “fuel surcharge” fees constitutes a breach of contract and a violation of the Illinois Consumer Fraud and Deceptive Practices Act, 815 Ill. Comp. Stat. Ann. 505/1 et seq. (“ICFA”).