Arco, Am-Pm Debit Card Fee Class Action Lawsuit

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A class action lawsuit filed in Oregon accuses BP Products North America and about 50 of its Oregon-based Arco and Am-Pm Minimarket stations of fraudulently applying fees on debit-card transactions without posting sufficient signs warning customers of the charges. According to the gas station debit fee class action lawsuit, the Arco and Am-Pm Minimarket stations charge between 35 cents to 45 cents for each transaction. Although some gas stations have small stickers on the pump alerting customers of such a fee, the class action lawsuit argues that BP and its associated retailers must be more “clear and conspicuous” in alerting customers of all additional charges, including placing the fees on street signs and per-gallon price signs.

“If the pump says $3.50 a gallon and you buy 5 gallons and you go in and the price is different than $17.50, it’s illegal,” said the Portland attorney representing the lead Plaintiff in the case.

Oregon law mandates that if the lowest price is only available under certain conditions –such as using cash vs. a debit card – then that must be clearly stated on street signs and at the gas pump. The law also says that the price difference must be noted on the street sign in a font at least one-third the size of the printed cash price and be “equally visible to a customer or potential customer.”

The Oregon Arco, Am-Pm Debit Card Fee Class Action Lawsuit is brought on behalf of all Oregon customers who’ve paid the fees at any of about 50 stations in the past year. It is seeking class certification, restitution and an injunction prohibiting the defendants from continuing to charge their Oregon customers debit fees, unless they comply with Oregon law.

The case is Steven Scharfstein v. BP West Coast Products, LLC, et al., Case No. 1112-17046, Circuit Court of the State of Oregon, County of Multnomah.

UPDATE 1: An Oregon jury sided with plaintiffs in the Arco Am-Pm class action lawsuit, awarding Class Members up to $200 in damages. Details on how to file a claim for the class action settlement were not immediately available. Top Class Actions will update this article as soon as claim filing instructions are posted by the Settlement Administrator. 

UPDATE 2: Instructions on how to file a claim in the Arco AmPm Settlement  are available! Click here or visit www.DebitCardClass Action.com  for more information.

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions