Nestlé Waters Late Fee Class Action: Wittels Law is challenging the flat $15 late fee Poland Spring and other Nestlé subsidiaries imposes on its customers.
Plaintiff Gary Ciser asserts in this class action lawsuit that Nestlé Waters regularly breaches its contracts with water delivery customers nationwide by assessing late fees on their accounts during a grace period even when customers have made timely payments, and charging an excessive late fee of up to 132% or more.
Steven Wittels lead attorney for the Plaintiffs and the Class, called the water giant’s practices the “slipperiest” he has ever seen. The suit asks the Court to certify the lawsuit as a class action because Nestlé Waters’ actions constitute a breach of contract and violation of the Consumer Fraud Act in New Jersey and all other states where the company conducts business. Plaintiff is seeking an award in excess of $50 million in damages and costs for the class.
Under the law, a late fee must be reasonable; Nestlé Waters’ flat $15-$20 late fee fails that test because the company charges the same amount no matter how large the fee is in relation to the amount overdue, or how many days the payment is late. They charged plaintiff Gary Ciser more than 132% of the monthly payment due.
Nestlé Waters perpetrates its unconscionable billing scheme through its bottled water divisions, including Poland Spring Brand 100% Natural Spring Water, Arrowhead Brand 100% Mountain Spring Water, Deer Park Brand 100% Natural Spring Water, and Perrier.
The Complaint asks the Court to grant class certification, award compensatory damages for the Plaintiffs, treble damages, and all costs and disbursements related to the suit, as well as to enjoin Nestlé Waters from continuing to implement its unlawful trade practices and schemes. For more information, or to join this case, contact us.