NOTICE REGARDING RIGHT TO BENEFIT FROM CLASS ACTION SETTLEMENT
If You (or a property You own) received heating fuel from Peterson’s Oil Service, Inc. (doing business as Peterson Oil, Cleghorn Oil, and/or Cape Discount Fuel) from January 1, 2012 to November 12, 2025, a proposed class action settlement may affect Your rights.
A State Court authorized this Notice. This is not junk mail, an advertisement or a solicitation from a lawyer.
A Settlement Agreement (the “Settlement”) has been reached in the above-captioned class action lawsuit to resolve all remaining claims against Peterson’s Oil Service, Inc. (“Peterson Oil”), Howard Peterson, Kristen Peterson, and Sharon Peterson (collectively, the “Defendants”). Plaintiffs in the lawsuit alleged that Peterson Oil blended elevated levels of biodiesel into customers’ heating oil, causing customers’ heating systems to shut down and suffer long-term damages and causing customers to pay more for the fuel than it was actually worth. Defendants deny all of the claims and deny that they have done anything unlawful. To avoid the cost, risk and delay of litigation to both sides, the Parties and the Defendants’ insurers reached a settlement agreement to resolve the Plaintiffs’ and the Class Members’ claims (described herein) without further litigation and without any admission or proof concerning any of the allegations.
Peterson Oil’s records show that You may be a class member under the Settlement reached in the case.
The Settlement has been preliminarily approved by the Court, including a settlement fund of fourteen million dollars ($14,000,000.00) to pay: (i) Class Members (as defined below), (ii) attorneys’ fees, (iii) the costs of litigation, (iv) incentive awards to the nine class representatives (the plaintiffs captioned above), who brought the case, and (v) settlement administration costs. As a Class Member, You may be entitled to a share of the Settlement. The final payment will depend on: the total number of valid and timely claims filed by all Class Members; and the volume of Peterson Oil’s fuel You received between January 1, 2012 and November 12, 2025.
Your final payment will also depend on whether or not You were part of the previous partial settlement of claims in this case. If You own heating equipment that came in contact with, stored, or used fuel from Peterson Oil between July 5, 2016, and July 5, 2019, You were part of the of $5,600,000.00 partial settlement that received Final Approval in July 2024 (the “Partial Settlement”) and a portion of the funds You received (or could have received) from the Partial Settlement will be deducted from the amounts owed to You in this settlement. For example, if You already received $100 as a pro rata share of the Partial Settlement, Your pro rata share of the current settlement will be reduced by $100. Payments You received from the Partial Settlement for heat loss episodes will not be deducted from Your pro rata share of this settlement, however.
Your legal rights are affected whether You act or do not act so please read this notice carefully.
1. Why am I receiving this notice?
You are receiving this notice because Peterson Oil’s records indicate that the address to which this notice was mailed received fuel from Peterson Oil between January 1, 2012 and November 12, 2025 (the “Class Period”). This notice explains that there has been a proposed class action settlement, which may affect you if you own heating equipment that came in contact with, stored, or used fuel delivered by Peterson Oil in the Class Period. If you do own such heating equipment, you may have legal rights and options that you may exercise before the Court decides whether to grant final approval of the settlement.
2. What is this lawsuit about?
The lawsuit alleges that Peterson Oil committed breaches of contract, negligence and unfair and deceptive business practices when it blended elevated levels of biodiesel into customers’ heating oil, causing customers’ heating systems to shut down and suffer long term damages and causing customers to pay more for the fuel than it was actually worth.
Specifically, among other things, the Plaintiffs allege that the fuel Peterson Oil actually delivered to the Plaintiffs and other customers in the Class:
- Did not meet industry standards for heating oil and was not rated for use in any major manufacturers’ oil tanks or heating equipment;
- Was less efficient and contained fewer BTUs than ordinary heating oil, unknowingly forcing customers to purchase more fuel;
- Required adjustments when the biodiesel blend level changed;
- Caused customers’ heating equipment to shut down; and,
- Caused long-term damage to customers’ heating equipment.
The Defendants deny these allegations and take the position that their actions were at all times consistent with general industry standards, as well as government regulations and mandates.
3. Why is this a class action?
In a class action, Class Representatives (in this case the nine individuals captioned as Plaintiffs above) sue on behalf of a group — or a “Class” — of people. Here, the “Class” means all customers of Peterson Oil who received fuel from Peterson Oil containing more than five percent (5%) biodiesel at any point since January 1, 2012, and all persons who own heating equipment that came in contact with, stored, or used said fuel, including all successors in interest thereto (such as, for example, (i) a homeowner who was not a customer of Peterson Oil, but purchased a home that received such oil during such period; or (ii) a landlord who owned heating equipment, but rented to a customer of Peterson Oil who received such oil during such period), assigns, subrogees, or any other person who may claim an interest in this matter through a Class Member. Each person within the Class is a “Class Member”. One Court will resolve the claims of all Class Members.
The Settlement described in this notice impacts the entire Class.
4. Why is there a settlement?
To avoid the cost, risk and delay of litigation to both sides, the Parties and the Defendants’ insurers reached a settlement agreement to resolve the Plaintiffs’ and the Class Members’ claims (described herein) without further litigation. The Settlement also allows Class Members to obtain compensation for alleged damages stemming from certain heating equipment shutdowns and other alleged damage to their heating equipment without further delay.
5. What are the benefits of the settlement to me?
If You received and/or heating equipment You own came in contact with, stored, or used heating fuel delivered by Peterson Oil during the Class Period, the settlement entitles You to up to two (2) payments:
1. Payment for each time You (or a property you own) lost heat and/or hot water and/or paid for repairs to heat/hot water equipment from January 1, 2012 – July 5, 2016 and/or July 5, 2019 – January 29, 2026.
If a property you own lost heat or hot water (a “No Heat Incident”) and you paid to repair a No Heat Incident between January 1, 2012 and July 5, 2016 and/or between July 5, 2019 and January 29, 2026 (the “No Heat Claims Period”) [1] under certain circumstances (detailed in the claims form), the Settlement provides for compensation of up to $180 per No Heat Incident without documentation (You only need to verify the dates of each No Heat Incident under oath). If You incurred more than $500 in out-of-pocket costs as the result of any single No Heat Incident, You may submit supporting documentation for the full amount of those out-of-pocket costs.
The final payment You receive for No Heat Incidents will depend on the total number of valid and timely claims filed by Class Members during the Not Heat Claims Period. The Settlement calls for at least$1,426,836.67, representing 17.33% of the funds available for distribution to Class Members (after paying attorneys’ fees and litigation costs, the Class Representatives incentive payments and administration costs), to be set aside to pay no heat claims (the “Heat Loss Fund”). In the event the total no heat claims exceed that amount, each Class Member with a timely and valid claim will receive their pro rata share of the Heat Loss Fund. Specifically, each valid and timely Heat Loss Fund claimant will receive a percentage of the Heat Loss Fund equal to the total value of their heat loss incidents during the No Heat Claims Period (based on their claims submissions) divided by the total value of heat loss incidents claimed by all Class Members during the No Heat Claims Period. In the event the total value of no heat claims does not exceed the amount set-aside for the Heat Loss Fund, each valid and timely Heat Loss Fund claimant will receive the total value of their heat loss incidents (based on their claims submission). Any leftover balance of the amount set aside for the Heat Loss Fund will be added to the Pro Rata Fund (discussed below).
2. Payment for other alleged injuries.
If You own heating equipment that came in contact with, stored, or used fuel that Peterson Oil delivered between January 1, 2012 and July 5, 2016 and/or between July 5, 2019 and November 12, 2025, the Settlement provides you with an opportunity to claim a payment for certain of the other damages Plaintiffs alleged in the Action.
The final payment You receive will depend on the amount of Peterson Oil’s fuel delivered to the address where equipment came in contact with, stored, or used the fuel, as a percentage of the amount of Peterson Oil’s fuel all other Class Members received as a whole. The Settlement calls for at least $6,806,496.66,representing 82.67% of the funds available for distribution to Class Members (after paying attorneys’ fees and litigation costs, the Class Representatives incentive payments and administration costs), to be set aside to pay for other damages Plaintiffs allege Peterson Oil’s fuel caused (the “Pro Rata Fund”). Each Class Member will receive a percentage of the Pro Rata Fund equal to their total gallons of fuel purchased during the Class Period (based on Peterson Oil’s delivery records produced in this case) divided by the combined total gallons of fuel purchased by all Class Members during the Class Period.
The final payment You receive will also depend on whether the individual who purchased the fuel from Peterson Oil disputes your entitlement to the full share of the Pro Rata Fund allotted for deliveries to your property. More information about how payments will be affected in such situations is provided, below.
As discussed above, if You already received a pro rata payment as part of the Partial Settlement, Your pro rata payment from this current Settlement will be reduced by that amount.
6. How do I get these benefits from the Settlement?
Payments may be obtained as follows:
- Heat Loss Payments. To obtain a payment for No Heat Incidents that you, as owner of the property, paid to repair/fix, you must submit a claim form. Claim Forms are available HERE. You may also request one by mail by calling 1-844-625-7313. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than February 11, 2026.
- You must follow all instructions in the claim form AND postmark it or submit it online by February 11, 2026 to be eligible for a heat loss payment.
If the Settlement is given final approval at the final fairness hearing (discussed below), after all valid claims forms are counted, the Settlement Administrator will calculate your heat loss payment and mail that amount to the address provided in your claim form. If you move or change addresses you should kindly notify the Settlement Administrator (at the address provided below) to ensure you receive your payment and/or any future notices regarding these claims.
- Pro Rata Payments. If heating equipment you own came in contact with, stored, or used Peterson Oil’s fuel during the Class Period, but you did not order or purchase the fuel, you must submit a claim form by February 11, 2026 to receive a payment for other damages Plaintiffs alleged to the heating equipment you own. This might occur if, for example: (1) you are a landlord who owns the heating equipment and your tenant purchased Peterson Oil’s fuel during the relevant period; and/or (2) you purchased a property (and its heating equipment) from a Peterson Oil customer who purchased fuel during the relevant period.
You may also request one by mail by calling 1-844-625-7313. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than February 11, 2026.
If a property you own received Peterson Oil’s fuel during the Class Period, but you did not order or purchase the fuel, you must follow all instructions in the claim form AND postmark it or submit it online by February 11, 2026 to be eligible for a damages payment related to your ownership of the property.
Whomever purchased the Peterson Oil fuel delivered to any address for which you submit a claim will be sent a copy of your claim form and given an opportunity to dispute your claim and/or assert their own entitlement to a share of the Pro Rata Fund for alleged injuries not attributable to heating equipment damage. If such a dispute arises, the Settlement Administrator would contact you to explain the dispute and that process.
If you do not receive such a notice from the Settlement Administrator and the Settlement is given final approval at the final fairness hearing (discussed below), the Settlement Administrator will calculate your pro rata payment and mail it to the address listed in your claim form. If you move or change addresses, please notify the Settlement Administrator (at the address provided below) to ensure you receive your payment and/or any future notices regarding these claims.
- You Are Representing That Claims Have Not Been Assigned
If you accept payments from this settlement you will represent and affirm that you have not assigned, transferred, or conveyed your claims to anyone else, and you agree to hold the Defendants harmless from any claims made by any such assignee.
7. How do I know if I am Eligible to Receive Benefits from the Settlement?
You are eligible to receive benefits from the settlement if You: (1) purchased heating fuel from Peterson Oil between January 1, 2012 and November 12, 2025; and/or (2) own heating equipment that came in contact with, stored, or used fuel delivered by Peterson Oil between January 1, 2012 and July 5, 2016 and/or between July 5, 2019 and November 12, 2025.
8. Are Cleghorn Oil and Cape Discount Fuel Customers in the Class?
Yes. Peterson’s Oil Service, Inc. has done business as Peterson Oil and Cape Discount Fuel for the entirety of the Class Period and has done business as Cleghorn Oil since December 30, 2013. Accordingly, if You were a Cape Discount Fuel customer during the Class Period and/or a Cleghorn Oil customer on or after December 30, 2013, You are considered a Peterson Oil customer for purposes of this case.
9. What should I do if I do not own the heating equipment that used Peterson Oil’s fuel?
If You do not own (and never did own) the heating equipment at the location to which Peterson Oil delivered fuel, a portion of the pro rata payment should be directed to the person who does own the heating equipment. This could occur if You are a tenant or have sold the property to which Peterson Oil’s fuel was delivered to someone else. You should update Your information and indicate the individual or entity who owns the impacted heating equipment HERE by no later than January 29, 2026.
If You accept the entire pro rata payment, You are verifying that You are the owner of the heating equipment at the location the fuel was delivered and are the proper recipient of the settlement funds.
10. Why can’t I obtain payments for no heat incidents between July 5, 2016 and July 5, 2019?
No heat incidents between July 5, 2016 and July 5, 2019 were settled in the prior, Partial Settlement. Any claims for no heat incidents between July 5, 2016 and July 5, 2019 could have been submitted in connection with that Partial Settlement. The claims window for the Partial Settlement is now closed.
11. What are Class Members giving up to receive these benefits?
If the Settlement becomes final, You will not be able to sue or be part of any other lawsuit against the Defendants for the claims asserted or which could have been asserted in this action. Indeed, You should consider this notice that the claims that were made against the Defendants in the Class Action, include but are not limited to claims that biofuel is allegedly less efficient in home heating systems, allegedly contains fewer BTUs (heat production) than No. 2 fuel oil, allegedly requires adjustments to burners, and allegedly causes damage to home heating equipment. You should also consider this notice that, if the Settlement becomes final, all such claims will be released by You and You will not be able to assert them in the future.
12. Do I have a lawyer in this case?
The Court has appointed Regan Strom, P.C., and specifically attorneys Jeffrey Strom, Esq., John Regan, Esq., and James D. Livingstone, Esq. to represent the Class as Class Counsel. You do not have to pay Class Counsel or anyone else to participate. Class Counsel’s fees and expenses will be deducted from the common fund. By participating in the Settlement, You agree to pay Class Counsel up to 1/3 (33.33%) of the total recovery in attorneys’ fees, as well as expenses they have incurred litigating the case since March 2019. The total amount will ultimately be determined by the Court.
13. How much will the Class Representatives Receive?
The Class Representatives will receive their portion of the settlement as Class Members and also receive an incentive award for having pursued this action. The Class Representatives have done a great deal on behalf of and for the benefit of the Class since May 2019 and have invested many hours of their time participating in the litigation and assisting Class Counsel. Any incentive payment is subject to Court approval. The Class Representatives will request an Incentive Award of $15,000 each, for a total of $135,000 in Incentive Awards.
14. What are my options?
OPTION 1.
Do nothing. Be bound by the Settlement and forego the opportunity to bring claims for damages allegedly caused by Peterson Oil’s fuel during the Class Period.
If you do nothing, you will not receive any payments unless you were the Peterson Oil customer of record during the time period(s) your property was receiving Peterson Oil fuel.
If you own heating equipment that came in contact with, stored, or used Peterson Oil’s fuel that you did not order/purchase during the Class Period, and the Settlement becomes final, you will be legally bound by all orders and judgments of this Court even if you do nothing. By doing nothing, you give up any rights to sue the Defendants separately for any claims that were asserted or could have been asserted in this action.
OPTION 2.
Submit a Claim(s) Forms by February 11, 2026.
By submitting a Claim Form for No Heat Incidents, you may recover a payment for your out-of-pocket expenses and inconveniences associated with occasions where you lost heat and/or hot water due to Peterson Oil’s Fuel during the Class Period. This is the only way to claim and receive compensation for your out-of-pocket expenses and inconveniences associated with No Heat Incidents during the Class Period.
Likewise, if you were not the Peterson Oil customer when a property you own received Peterson Oil’s fuel during the Class Period, submitting a claim form is the only way to claim and receive compensation for the other damage Plaintiffs allege to heating equipment you own. This might occur if, for example: (1) you are a landlord who owns heating equipment and your tenant purchased Peterson Oil’s fuel during the relevant period; and/or (2) you purchased a property (and its heating equipment) from a Peterson Oil customer who purchased fuel during the relevant period.
If you submit timely and valid Claim Form(s) and the Settlement becomes final, you will receive a payment for your no heat costs and/or a payment for your pro rata portion of other damages.
As explained above, you must follow all instructions in the claim form AND Postmark it or submit it online by February 11, 2026 to be eligible for a heat loss payment.
OPTION 3.
Object by January 5, 2026. If you received deliveries of Peterson Oil’s fuel between January 1, 2012 and November 12, 2025 and/or own heating equipment that came in contact with, stored, or used fuel that Peterson Oil delivered between January 1, 2012 and July 5, 2016 and/or between July 5, 2019 and November 12, 2025, you may object to any aspect of the proposed settlement.
- Objection procedures. Class Members who wish to object (“Objector”) to the settlement must do so in writing. To be considered, a written objection must be mailed to the Settlement Administrator via First-Class United States Mail, postage prepaid, and be received by the Settlement Administrator by January 5, 2026. The written objection must include the words, “I object to the settlement in the Peterson Oil Class Action Settlement,” or something similar as well as all reasons for the objection. The written objection must also include the name, address and telephone number(s) of the Settlement Class Member. You also may request in writing to appear at the Fairness Hearing on January 29, 2026.
Right to be heard at the fairness hearing. A Settlement Class Member who files objections to the settlement also has the right to appear at the Fairness Hearing for Final Approval either in person or through counsel hired by the Objector, at the Objector’s sole cost and expense. An Objector who wishes to appear or speak at the Fairness Hearing for Final Approval must state his or her intention to do so in writing on his or her written objections at the time he or she submits his or her written objections by including the words, “I intend to appear and speak at the fairness hearing,” or something similar. Objectors may withdraw their objections at any time. Except as otherwise permitted by the Court, no Settlement Class Member may be heard at the Fairness Hearing for Final Approval unless he or she has filed a timely objection that complies with all procedures provided in this paragraph and the previous paragraph. Except as otherwise permitted by the Court, no Settlement Class Member may present an objection at the Fairness Hearing for Final Approval based on a reason not stated in his or her written objections.
All objections should be mailed to: Peterson Oil Class Action Settlement, c/o Optime Administration, LLC., PO Box 3206, Brockton, MA 02304.
15. The Fairness Hearing
The Court will hold a fairness hearing on January 29, 2026 in Suffolk County Superior Court, 3 Pemberton Square, Boston, MA 02108. The purpose of the hearing will be for the Court to determine whether the proposed settlement is fair, reasonable and adequate and in the best interests of the Class. The Court will also rule on applications for compensation for Class Counsel and incentive awards for the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement.
YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THIS SETTLEMENT. The hearing may be postponed to a later date without notice.
16. Settlement Administrator
The Court has appointed Optime Administration, LLC, to act as an independent qualified Settlement Administrator, and to: process this settlement; resolve any dispute concerning a Settlement Class Member’s eligibility to participate in the Settlement and/or his or her share of the Settlement proceeds; and make payments to Settlement Class Members. The fees and costs of the Settlement Administrator shall be paid from the Settlement proceeds.
The Settlement Administrator is also available to answer any questions you may have about the Settlement, this notice, completing claims forms and/or settlement payments, click on the button below.