FAQ

The basis, in summary, for Plaintiff’s Illinois Consumer Fraud Act, 735 ILCS 5/2-801, et seq (“ICFA”) claim is that Flood Brothers consistently and uniformly concealed and misrepresented important facts concerning the environmental and regulatory charge to its Illinois customers. Plaintiff contends that the environmental and regulatory charge is illegitimate, as it does not relate to Flood Brothers’ actual environmental or regulatory costs, and that such costs are already recovered in the base service rate that Flood Brothers charges its customers (a practice known as “double-dipping”).  Instead, Plaintiff contends that the environmental and regulatory charge is a veiled attempt to increase Flood Brothers’ profit margins, as opposed to recouping actual or increasing environmental and regulatory costs. Plaintiff alleges that by representing the environmental and regulatory charge as an “environmental and regulatory charge,” Flood Brothers deceptively conveyed a particular basis for the environmental and regulatory charge, i.e., that the environmental and regulatory charge is legitimate and tethered to Flood Brothers’ actual environmental and regulatory costs. Lastly, Plaintiff alleges that Flood Brothers failed to disclose to customers that the environmental and regulatory charge was merely a profit enhancer.

Flood Brothers denies all of Plaintiff’s allegations. Flood Brothers denies that the environmental and regulatory charges are deceptive. Flood Brothers denies that the environmental and regulatory charge bears no relation to Flood Brothers actual environmental and regulatory costs. Flood Brothers denies that its environmental and regulatory charge caused any monetary damage to its customers, and denies that it has engaged in any activity that would constitute wrongdoing under the ICFA. Flood Brothers contests the validity of the Court’s certification of Plaintiff’s class in this matter and alleges that other meritorious defenses (not yet considered by the Court) will otherwise prevent the Plaintiff from succeeding on the merits in this class action lawsuit. Flood Brothers disputes Plaintiff’s allegations and claims, and believes it will ultimately prevail in this matter.

In a class action, the Plaintiff, called a “Class Representative” (in this case, BBJL Properties, LLC), sues on behalf of customers and entities that have similar claims. All other similarly situated customers and entities are “Class Members.”  One court will resolve the issues for all Class Members, except those who exclude themselves from the class. 

The Circuit Court certified a Class of current and former commercial customers described as follows: 

From February 15, 2014 through February 20, 2026, all persons (including legal entities) who: (1) are resident citizens of Illinois; (2) are or were commercial customers of Flood Brothers Disposal Co.; (3) executed a written contract with Flood Brothers and (4) paid Flood Brothers and/or its related entities an “environmental & regulatory charge”.

The Circuit Court has set the case for trial on September 14, 2026. At this point in time, many issues are contested, and the outcome of the litigation is uncertain.

If you signed any contract with Flood Brothers from February 15, 2014, through February 20, 2026 that does not contain an arbitration provision, then you are a member of this Class.  If the only contract(s) that you signed with Flood Brothers contain an arbitration agreement, then you are not a member of this Class.  If you signed multiple contracts with Flood Brothers before or after February 15, 2014, and some contracts do not contain an arbitration provision while other contracts do contain an arbitration provision, then you are still a member of this Class but you will only be able to recover damages in this class action for those environmental and regulatory charges paid by you before the date you entered into an arbitration agreement with Flood Brothers.

Option 1:     

• Do nothing and remain in the class. If you select this option, you do not need to do anything at this time.  Your interests will be represented by class counsel approved by the Circuit Court. If the representative Plaintiff succeeds in its case, you will be entitled to a share of any judgment or settlement that results from its efforts. If the representative Plaintiff loses, you will be bound by that judgment, and you will have no further claim to pursue. As a Class Member, you will not be responsible for the payment of any expenses or attorneys’ fees that Class Counsel incurred as a result of the prosecution of the class action lawsuit. If the class action lawsuit is successful and a recovery is obtained for the Class, Class Counsel will apply to the Court to approve the payment of reasonable legal costs, expenses and attorneys’ fees to be paid, and a class representative incentive award. In the event that the class action lawsuit is unsuccessful, you will not be responsible for, nor have to pay, any legal costs or attorney fees, unless you hire your own attorney as set out in Option 2 below. 

Option 2: 

• Remain in the Class and hire your own attorney(s) to participate. While you are not required to have your own attorney(s), you are permitted to do so (if you do not hire your own attorney, you will be represented by the attorneys for the Class, as set out herein). If you wish, your own attorney(s) may file an appearance in this case to monitor your rights and interests in the litigation as it proceeds. If you do elect to hire your own attorney, you will be responsible for the costs and attorney fees of your attorney. 

Option 3: 

• Exclude yourself from the Class entirely. In order to do this, you must read and carefully follow the instructions in FAQ "How do I request to be excluded from this class if I do not want to participate?". Once you exclude yourself, you no longer have a right to participate in the proceeds of any settlement or judgment that results from this litigation, but you also will not be bound by any judgment that may be entered in favor of Flood Brothers, if Flood Brothers prevails in this case. By excluding yourself, however, you retain the right to pursue your own claims against Flood Brothers, if you so choose. If you exclude yourself, your rights will not be affected by further proceedings in this case.

  . 

If you wish to exclude yourself from this class entirely (Option 3 above), you must do so by sending a letter entitled “Request for Exclusion” in which you state the following: 

The undersigned hereby requests that the customer named on this page or attachments hereto requests to be excluded from the class of plaintiffs maintaining a class action lawsuit in BBJL Properties, LLC v. Flood Bros Disposal Co., d/b/a Flood Brothers, Case No. 2017 CH 02318, presently pending in the Circuit Court of Cook County, Illinois.

Your request must be signed, and if you represent a corporation or other entity, the entity name, address, and telephone number must be clearly legible, your title or office must be stated, and your request must be postmarked by the deadline stated below to the following address:

Flood Brothers Class Action
A.B. DATA, LTD.
Attn: Exclusion
P.O. Box 173099
Milwaukee, WI 53217

If you wish to request exclusion in accordance with these instructions, you must do so by a letter postmarked no later than April 3, 2026.

The complete pleadings filed in this class action lawsuit can be inspected or copied during normal business hours at the Clerk of Court’s Office, Cook County Courthouse, Richard J. Daley Center, 50 W. Washington Street, Chicago, Illinois 60602.

If you have questions about your options or other matters that may require legal advice, you may call or contact (at no cost to you) the following attorneys for the certified class:

Robert G. Methvin, Jr. (rgm@mtattorneys.com)
James Terrell (jterrell@mtattorneys.com)
Methvin Terrell, Yancey, Stephens & Miller, P.C. 
2201 Arlington Avenue South
Birmingham, AL 35205
Phone: (800) 210-7476
Fax: (205) 939-0399
Class Counsel’s Website: http://mtattorneys.com

Patrick Marshall (pmarshall@patrickmarshalllaw.com) 
Patrick Marshall Law, LLC
The Massey Building
2025 3rd Avenue North, Suite 325
Birmingham, AL 35205
Phone: (205) 718-7714
Fax: (205) 413-8723

Patrick Keating (Patrick.Keating@practus.com)
Practus, LLP
332 South Michigan Avenue, Suite 121-2176
Chicago, IL 60604

Please do not contact the Court or Clerk of Court with any questions regarding this case.