Class Action Claims Republic Services Claims to Recycle Materials that End up in Landfill

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A proposed class action lawsuit alleges Allied Waste Services of North America, LLC has failed to inform Montana customers that some types of plastic it collects and purports to recycle will likely end up in a landfill.

The 10-page lawsuit claims that Allied Waste Services, who operates in Montana as Republic Services, has misled customers and prospective customers by promising that various kinds of plastic can be recycled in their area despite knowing that some of these materials “have essentially no prospect of ever being recycled.”

According to the case, consumers have suffered financial injury by paying for services the defendant advertised but is unable to provide. The plaintiff is a Missoula, Montana resident who claims to have paid for Republic Services’ residential recycling pick-up services after viewing representations on the company’s website about what types of materials can be recycled.

Republic Services—one of the largest solid waste and recycling companies in Montana—represents that customers can pay an extra monthly fee for residential recycling services every other week in addition to their weekly garbage pick-up, the lawsuit states. For the plaintiff’s address, the defendant’s website allegedly states that “acceptable solid waste materials” for recycling include aluminum cans and foil; cardboard; cereal boxes; household plastic 1, 2, 3, 4, 5, 6 and 7; magazines; mail; paper; paperboard; phonebooks; and steel cans.

The lawsuit alleges, however, that Republic Services has “repeatedly implied” that it does not recycle certain materials it claims to be able to recycle, in particular household plastics #3, #4, #6 and #7. According to a footnote in the complaint, Republic Services employees admitted to the Missoula Current that plastics #3, #4, #6 and #7 are “nearly impossible” to recycle. In response to pushback from consumer and environmental advocacy groups, Republic Services in 2020 published a report in which it noted that plastics #3, #4, #6 and #7 are essentially “end of the line” plastics that typically end up in a landfill, the case relays.

All told, the lawsuit claims that some of the materials the defendant purports to be able to recycle are “sent directly to the landfill,” contrary to customers’ expectations.

The suit alleges that by advertising that it recycles materials it does not recycle and charging customers for its purported recycling services, Republic Services has engaged in “deceptive acts and practices” and misled consumers.

“Republic Services actions offend established public policy, namely, the charging of consumers for certain services when, in fact, Republic Services does not provide such services,” the complaint scathes. “Republic Services’ actions are immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”

The lawsuit looks to cover residential Republic Services customers in Montana who paid for curbside recycling during the past two years.

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