NuCO2, Inc., is the nation’s largest provider of beverage quality CO2 products to convenience stores, restaurants, hotels and theme parks. NuCO2 both sells and leases CO2 equipment to its customers. For those customers who have purchased the CO2 equipment, NuCO2 provides refills of the CO2 gas and bills clients monthly for this service. For those customers who lease their CO2 equipment, NuCO2 charges these clients a monthly rate for the lease of the equipment and for providing the CO2 gas to operate the equipment. As part of their billing process, NuCO2 also assesses numerous fees and surcharges. Many customers have contacted us questioning the legitimacy and fairness of these fees/surcharges.
Belt Law Firm currently has a pending case against NuCO2 on behalf of certain customers who lease CO2 equipment, and who allege that NuCO2 deceptively added a $27.50 administrative processing fee to the personal property tax rate that is passed on to customers. For those customers who lease equipment, if they reside in a jurisdiction that assesses personal property taxes, NuCO2 passes this tax onto the customers. Customers receive an annual invoice from NuCO2 for reimbursement of the property tax on the leased equipment. It is in this annual invoice, that NuCO2 is inserting a $27.50 administrative processing fee. In many cases, the fee is far greater than the actual assessed personal property tax rate. Instead of separately itemizing the fee from the assessed tax rate, NuCO2 combines the two, which is represented to the customer as the Property Tax “Rate.” Belt Law Firm sued on behalf of all customers who were assessed this administrative processing fee alleging the practice of imbedding the fee into the property tax rate is a deceptive trade practice and represents to the customer that the entirety of the rate is the actual assessed tax, i.e., a pass-through amount to be remitted the property governmental entity. This case is currently on appeal with the Eleventh Circuit Court of Appeals.
In addition to the administrative processing fee, Belt Law Firm, PC is also investigating NuCO2’s assessment of a “Delivery Fee” to its customers. This $4.95 fee is assessed to the majority of NuCO2 customers on a monthly basis, adding an additional $59.40 to each customer’s bill annually. The “Delivery Fee” is assessed to customers in addition to a “Fuel Surcharge” and “Hazardous Charge.” Belt Law Firm, PC has received complaints from customers who believe the implementation of this “Delivery Fee” in addition to the other fees/charges is unfair and deceptive.
If you or your business have been assessed a fee/surcharge by NuCO2 which you believe was improper, and would be willing to discuss your experience with us, please call us toll free at 1-888-933-1514 or email us at firstname.lastname@example.org.