Colorado Attorney General: AmeriGas violates Consumer Protection Act for late deliveries

WOODLAND PARK, Colo. (KRDO) -- Bob Messinger woke up in a freezing house. It was Feb. 13 and the temperature was expected to drop through the week. At first, he and his wife, Lisa, thought something was wrong with the furnace. However, Bob quickly realized both his 500-gallon AmeriGas tanks were empty.

Bob called AmeriGas only to be sent to an international call center — reportedly a common occurrence for AmeriGas customers trying to schedule deliveries. The representative told Bob an emergency delivery would be scheduled for the next day.

Feb. 14 came and went, but propane was never delivered. The Messingers told 13 Investigates they went four days without gas.

“No heat, no ability to cook, and that was our Valentine's Day,” Bob explained.

The Messinger’s house barely reached 50 degrees during those four days and to make matters worse both of them had COVID-19.

“I can't type it's so cold,” Bob said. “All you do is spend your days wrapped up in blankets and jackets and hats. Fifty degrees, it doesn't sound that bad, but try living in a house at 50 degrees for four days. It's absolutely miserable and very frustrating.”

His tank was eventually filled after he contacted the state about his delivery delays.

“I finally did get to speak with somebody and they said that the company nationally has been doing kind of a real disassembly of things,” Bob said. “They've been closing lots of local offices and things have become kind of automated. That's what we got to deal with.”

The Messingers are just one of the many AmeriGas customers who experienced delivery delays or have even run out of gas. Some customers across the state have filed complaints with Colorado Attorney General Phil Weiser. In response, Weiser sent a letter to AmeriGas, stating the company violated the Consumer Protection Act.

“Consumers report being at “emergency levels” of propane for weeks, that their repeated calls to AmeriGas go unanswered, and that the company has left consumers without their primary source of heating in the winter months,” said the letter.

Weiser told 13 Investigates that the late deliveries endanger customers.

“When a company provides a crucial service like giving someone heat, they can't do anything other than follow through on their promises, because the consequences can really be threatening people's health, threatening people's ability to live in their home,” Weiser said.

In his letter, Weiser requested to meet with Amerigas’ attorneys “to discuss (its) compliance with state law and the measures (it) plans to take to protect Colorado consumers.”

The letter asks for a response by Wednesday, March 1. So far, Weiser said AmeriGas has not responded.

He said if AmeriGas continues to not be able to refuel customers’ homes, he will end any contractual agreement a customer has with the company.

“We will take action to make sure that the contractual restriction doesn't apply anymore, and the customers can go to the open market and find other providers who can give them the fuel they need to keep warm,” Weiser said.

13 Investigates reached out to AmeriGas for comment about Weiser’s letter. It provided the below statement:

"We take customer service issues very seriously. AmeriGas is in receipt of Colorado Attorney General Phil Weiser’s inquiry and are actively investigating the claims outlined in the letter. To date we have not received a specific customer complaint directly from the Attorney General's office of Colorado. We closely monitor demand and proactively allocate resources where needed, but like other industries, we are still facing driver shortages. We continue to recruit and hire throughout the state. AmeriGas is proud to be a long-time propane provider in Colorado and looks forward to safely providing customers with the service they expect and deserve for many more years to come.”

- AmeriGas spokesperson

Bob said the failed service by AmeriGas was the worst customer experience he has ever had with any company.

"I want people to know so that a company like this doesn't get more customers and then have them left high and dry," Bob said. "It's abuse."