Sunoco Gas Gift Card Class Action Lawsuit Says Fees are Too High

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A class action lawsuit filed Wednesday accuses Sunoco Inc. of running a deceptive gas gift card program that promised customers they could use the gift cards “just as cash” when purchasing gas, but failed to disclose they would be charged the higher credit/debit card price.

The idea of offering a cheaper price for cash purchases over credit card purchases used to be common in many retail establishments but has dwindled. Many gas stations like Sunoco still offer cash purchase discounts, though. These companies are able to offer a cheaper price because they aren’t passing on the credit card processing fee to the customer.

The problem, alleges class action lawsuit plaintiff Howard Stern, is that when he used the Sunoco gift card, he did so because it was represented that he could use it “at any Sunoco station and [that it] is good for purchase at every Sunoco – just like cash.” Having used it several times at the company’s stations, he checked his receipt and allegedly found that he was paying the higher cost that a credit card user must.

Stern seeks to represent a Class of “all persons who, in the United States, were denied the benefits of Sunoco’s public Gift Card program.” The Sunoco gas card class action lawsuit seeks damages on a number of counts, including New Jersey’s Consumer Fraud and Truth-in-Consumer Contract, Warranty and Notice Act.

Along with damages related to the alleged unjust enrichment, Stern is also seeking an injunction as part of his Sunoco gas card class action lawsuit that would require Sunoco to modify its system so that gift card users will be able to take advantage of the cash price for gasoline purchased at the company’s stations.

The plaintiff is represented by class action lawyer Stuart J. Guber of Faruqi & Faruqi LLP.

The Sunoco Gift Card Class Action Lawsuit is Howard Stern v. Sunoco Inc., et al., Case No. 14-cv-04061 in U.S. District Court for the Eastern District of Pennsylvania.