Page 222 - Aida Hovsepian Onboarding

Display problems? View this Newsletter in your web browser.

Pancake News
Visit Pancake Archive
February 12th, 2019

USF Class Action Lawsuit

You may be aware of a class action lawsuit involving USF. The US Foods (“USF”) class action is a
dispute that USF charged and collected fuel surcharges in violation of applicable contracts and/or
applicable law.

USF expressly denies any liability or wrongdoing associated with the class action. The class action is
a consolidation of five separate lawsuits previously filed in Georgia, Florida, North Carolina,
Arkansas and California for the purposes of the proposed settlement.

The Court has certified a Settlement Class generally defined as all customers in the United States
which paid USF fuel surcharges at any time from August 31, 2013 through October 26, 2018.
Excluded from the Settlement Class are: (1) anyone currently in bankruptcy; (2) anyone whose
obligations were discharged in bankruptcy; and (3) any judicial officer who has presided over any of
the USF litigation over fuel surcharges.

The settlement was approved by the courts on January 16, 2019. If there are any appeals, this
could delay payment of claims, possibly for more than a year.

Listed below are the options for Applebee’s and IHOP operators that are included in the Settlement
Class:

1. Submit a Claim Form. The only way to get a payment from the settlement is to timely send in
a valid claim form. You need to submit a claim form no later than 75 calendar days after January
16, 2019.

2. Do Nothing. If the applicable Applebee’s and IHOP operators do nothing, they will not receive