Nestle Waters Late Fee Lawsuit

 

A class action lawsuit has been filed against Nestle Water claiming breach of contract and violations of the Consumer Fraud Act.  Nestle delivers bottled water to many customers everyday.  This particular lawsuit claims that Nestle defrauded some of their customers by charging them excessive late fees and that these fees should of never been filed in the first place.  The plaintiffs are reportedly seeking $50,000,000 million in damages.  The Nestle water brands involved in this class action lawsuit are as follows:  Poland Spring Brand 100% Natural Spring Water, Arrowhead Brand 100% Mountain Spring Water, Deer Park Brand 100% Natural Spring Water, and Perrier. 

The excessive late fees are defined to be  75% or more of the customers monthly bill. The attorney remarked the following about the excessive late fee:  “Under the law, a late fee must be reasonable,” said another attorney representing the Plaintiffs. “Nestle 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.”

Nestle Waters North America is the largest bottled water company in the US accounting for 41% of the market.  Whether Nestle unlawfully breached their contract and violated the Consumer Fraud Act in New Jersey and all other states will be a key topic in the Nestle Waters Late Fee Lawsuit.