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Florida First District Court of Appeal Affirms Certification of Florida “Environmental Fee” Class

The Florida First DCA, in a unanimous decision by a three-judge panel on September 18, 2019, affirmed the certification of a Florida Deceptive and Unfair Trade Practices Act Class in a class action lawsuit brought by Methvin Terrell which accused Waste Pro of charging its Florida customers illegitimate environmental fees for its waste disposal services.  The panel affirmed the lower court’s decision finding that the FDUPTA Class can litigate several common issues, including whether Waste Pro’s “environmental fee” is truly an environmental fee and whether the company’s use of the term is unfair or deceptive.