Settlement Reached in Arco, AmPm Debit Card Fee Class Action Lawsuit

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On Friday, a Multnomah County jury agreed with the plaintiffs in a class action lawsuit accusing BP West Coast Products LLC of charging an extra 35 cents to Oregon consumers who used a debit card to pay for gas at Arco stations and AmPm minimarkets, in violation of Oregon’s Unlawful Trade Practices Act (UTPA).

Consumers who purchased gas at an Oregon Arco or AmPm gas station between Jan. 1, 2011 and Aug. 31, 2013 may be eligible to claim up to $200 in damages from the class action settlement.

The class action lawsuit, which was initially filed in December 2011, alleged that BP charges consumers a 35-cent debit card fee on top of the amount charged for gasoline, without properly disclosing the fees as required by Oregon law. Further, the plaintiffs argue that Arco should have been aware that their fees did not comply with the law because they had previously been hit with a class action lawsuit over the same allegations (Dobson v. Atlantic Richfield Company, et al., Case No. 00-05-04969, in the Circuit Court of the State of Oregon, Multnomah County).

Under Oregon law, if the lowest price for gas is only available under certain conditions, such as cash-only transactions, the policy must be clearly stated on street signs and at the gas pump.

“At all material times, defendant had in place a policy of charging debit fees that it and its retailers did not disclose on street signs, dispensing devices or price signs,” the class action lawsuit says. “As a result of the defendants’ willful violations of the UTPA, plaintiff and members of the class suffered ascertainable losses, in that they paid debit card fees that defendants were not legally entitled to collect.”

The trial for the Arco, AmPm debit card class fee action lawsuit began on Jan. 14, 2014.

The jury award will allow consumers who purchased gas from Arco stations and AmPm minimarkets between Jan. 1, 2011 and Aug. 31, 2013 to recover statutory damages of up $200. Details on how to claim a refund through the class action settlement were not immediately available. Top Class Actions will update our readers when claim filing instructions are posted by the Settlement Administrator.

BP has indicated that it will appeal the jury’s verdict in the class action lawsuit, but has also agreed to stop charging the 35-cent debit card fee while it investigates other alternatives to recoup the costs of bank transaction fees.

The plaintiffs are represented by David F. Sugerman of David F. Sugerman Attorney PC and Tim Alan Quenelle of Tim Quenelle PC.

The Arco, AmPm Debit Card Fee Class Action Lawsuit is Steven Scharfstein v. BP West Coast Products LLC, Case No. 1112-17046, in the Circuit Court of the State of Oregon, County of Multnomah.

Update: Instructions on how to file a claim in the Arco AmPm Settlement  are available! Click here