A class action lawsuit accusing BP West Coast Products LLC of requiring Oregon gas stations to charge customers 35 cents when they bought gas with a debit card is getting close to trial. If you bought BP-branded gasoline with a debit card at an Oregon Arco station or Am-Pm Minimarket and were charged a debit card fee between Jan. 1, 2011 and Aug. 30, 2013, your rights may be affected.
According to the class action lawsuit, which was initially filed in December 2011, Oregon Arco and Am-Pm Minimarket stations charge between 35 to 45 cents for each debit card transaction. Although some stations alert consumers to the fee with a sticker posted at the gas pump, the class action lawsuit argues that the company must be more “clear and conspicuous” with its notices.
Specifically, the class action lawsuit alleges that the defendants “failed to clearly and conspicuously display on all street signs, price signs and dispensing devices the debit fee charge” in violation of the Oregon Unlawful Trade Practices Act. As a result, customers paid fees that the defendants were allegedly not legally entitled to collect.
BP denies that its debit card fee practices violated the law and claims that customers were not injured by its practices.
The Arco Am-Pm debit card fee class action lawsuit includes two classes. The first consists of all consumers who bought BP-branded gasoline, including gasoline plus additional items, at Oregon Arco stations or Oregon Am-Pm Minimarkets and were charged a debit card fee between Jan. 1, 2011 and Aug. 30, 2013. The second class consists of Class Members who were also members of the class certified in Dobson v. Atlantic Richfield Co. (Case No. 00-05-04969, in the Circuit Court of the State of Oregon, Multnomah County).
To participate in the class action lawsuit, you do not need to take any action at this time. No settlement has been reached and there is no guarantee that monetary compensation will be made available to Class Members. If you wish to exclude yourself from the Arco Am-Pm debit card fee class action lawsuit, you must either submit an opt-out form available online at the class lawsuit website or mail a request for exclusion postmarked by Jan. 10, 2014 to the following address:
ARCO Oregon Debit Card Class Action
P.O. Box 3266
Portland, OR 97208-3266
A trial for the Arco Am-Pm debit card fee class action lawsuit has been scheduled to begin on Jan. 14, 2014.
Top Class Actions will post an update if a class action settlement is reached and as soon as claims filing instructions are posted. Keep checking our website or sign up for our newsletter below.
Class Members are represented by David F. Sugerman of David F. Sugerman Attorney PC and Tim Quenelle of Tim Quenelle PC.
The Arco Am-Pm Debit Card Fee Class Action Lawsuit is Scharfstein v. BP West Coast Products LLC, Case No. 1112-17046, in the Circuit Court of the State of Oregon, Multnomah County.
UPDATE: 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.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
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