Case update: Consumer fraud case against BP headed to trial

Yesterday, Judge LaBarre ruled from the bench on the parties’ motions for summary judgment in our pending consumer fraud against BP. He denied all motions. The case is going to trial.

Background on the case is here, here, and here. It arises out of BP gas sales at ARCO and am-pm mini-markets.

BP charges debit card customers a $.35 debit card fee but does not disclose the charge on its street signs, on its price signs or on its pumps.

Consumers argue that BP’s undisclosed debit card charge violates Oregon rules on gasoline sales.  The consumer fraud claim arises under the Oregon Unlawful Trade Practices Act, ORS 646.608(1)(u).

The Court deferred hearing the class certification motion until August 30, but that motion is fully briefed and ready to go. The Court took up the summary judgment motions. BP argued that it was entitled to summary judgment for a number of reasons, including that it wasn’t required to tell consumers that debit card users would be charged a fee on gas purchases.

A three-hour oral argument put both parties’ positions to the test.

Judge LaBarre announced his decision from the bench, ordered BP to obtain electronic data, and set a schedule for the remainder of the case, including a trial that starts January 13, 2014.

Good progress, to be sure. But far to go.

David Sugerman

6 thoughts on “Case update: Consumer fraud case against BP headed to trial

  1. I live on a tight budget too and have to account for this. While Arco’s prices ‘seem’ low the cost per gallon goes up based on this added charge it is very deceiving. While it is truly only 1-2 cents low than a competitor, they make it seem like it is 6-8 cents lower at times. False advertising.

  2. I live on a tight budget too and have to account for this. While Arco’s prices ‘seem’ low the cost per gallon goes up based on this added charge it is very deceiving. While it is truly only 1-2 cents low than a competitor, they make it seem like it is 6-8 cents lower at times. False advertising.

  3. We have 3 vehicles that we use Arco gas in and have had to pay the fees for debit card as long as I can remember back. I have always felt it an imposition to have to pay that fee- My husband and I both buy gas at the I-5 Hwy 34 Arco and have done so for many years-

  4. Thanks. More information can be found on this site or also at the official website. We are working to recover class members names and addresses from the banks. For those we recover, we will be sending a letter confirming that your claim has been made. For those class members for whom we do not recover name and address, you can file a claim at the official website. If you have questions, you can call me at 503.228.6474 or email me at david@davidsugerman.com
    -David

  5. Mr. Sugerman,

    Hello, I just heard about the Arco Class Action Suite. Our famiy members have all been cheated, is it too late to sign-up? I have tried to go to The BP Arco website and am unable to even get connected…

    Thank you very much!

    Michelle Raynor

  6. It is not too late. Depending on which bank issues your debit card, you may well receive a confirmation without needing to file. Please retry the website. We’ve had a few reports of access problems, mostly from people using Android systems and/or Firefox. So if you have trouble, you might try a non-Android device and use a browser other than Firefox. (The security certificate is up to date.) If you have further problems, feel free to call us at 503.228.6474.
    -David

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