If you bought gas in Oregon from an ARCO gas station or ampm minimarket using a debit card and were charged a debit card fee, your rights may be affected by a pending class action lawsuit.
Nature of Action. An Oregon consumer, Steven Scharfstein, has sued BP West Coast Products, LLC (“BP”), claiming that BP violated Oregon's Unlawful Trade Practices Act by assessing and collecting a 35 cent debit card fee in violation of Oregon regulations governing gasoline price disclosures at Oregon ARCO gasoline stations or ampm minimarkets for debit card use. Mr. Scharfstein claims that customers were injured as a result of the alleged violations. BP denies that its practices with respect to the debit card fee violated any rule or law, and denies that any consumer has been injured as a result of its practices.
The lawsuit is proceeding as a class action. There are two classes.
One class consists of all consumers who, between January 1, 2011, and August 30, 2013, bought BP-branded gasoline, including gasoline plus additional items, at Oregon ARCO stations or Oregon ampm minimarkets, who paid with a debit card and who were charged a debit card fee. Excluded from the class are all members of the subclass described below; attorneys for the class; jurors and alternate jurors; any judge who sits on this case; and any person who previously settled or adjudicated a claim involving a dispute over debit fees charged by BP that arose on or after January 1, 2011.
The second class consists of class members who were also members of the class certified in Dobson v Atlantic Richfield Co., Multnomah case No. 00-05-04969.
This notice is being provided to you in advance of a trial that will begin on January 14, 2014. No judge or jury has concluded that BP did anything wrong. There has been no decision on the merit of the claims. If you are a class member, however, you have a choice to make now:
- If you do nothing now, you will be included in the lawsuit and will remain a member of the class bound by any determination made in the lawsuit, and you may later be required to file a claim form.
- If you do not wish to be included in the class and wish to be excluded from the class, you must either submit on-line the opt-out form on this web-site, or mail a request for exclusion postmarked by January 10, 2014, to the following address:
ARCO Oregon Debit Card Class Action
PO Box 3266
Portland, OR 97208-3266
If you do so, the lawsuit will not affect your rights. A form which you may use to request exclusion can be found here.