BP class action certified for ARCO station debit card fees

In our long running consumer case, Scharfstein v. BP West Coast Products, Judge LaBarre ruled late last week that the case may go forward as a class action. Judge LaBarre appointed David Sugerman and Tim Quenelle to serve as class counsel. Notice to the class is expected to go out in early November, and trial is set for January 14, 2014.

In the case, consumers claim that BP violated the Oregon Unlawful Trade Practices Act by improperly selling and advertising gas at ARCO stations and am-pm minimarkets. The gas stations advertise their prices without condition, but when consumers pay with debit cards, they are charged a fee–now $.35–on top of the gas purchase price. The consumers claim that the failures to disclose the charges and the addition of the charges on top of the total gas purchase violate Oregon law.

The class seeks $200 per consumer.

There is far to go on this case. If you have experience with these charges and would like to share your story with us, could you drop me a line or call us (503.228.6474)?

-David

22 thoughts on “BP class action certified for ARCO station debit card fees

  1. I’ve paid this fee many times. I usually get gas at Arco, although I prefer a more “mom & pop” place near where I live, when I can. Usually the employees do a pretty good job of making sure to mention the fees, and I’m aware of them, but it would be nice if it were just factored into the price somehow so you could comparison shop more easily.

  2. I have debated the fee, to no avail, with employees and managers. To me this is false advertising and should not be allowed.

  3. I too was charged this fee for using Arco and paying with my debit card. I have been using Arco gas for quite a few years at least since 2003.

  4. We live near the Arco in Springfield, OR at Gateway & Beltline. We’ve been paying that fee everytime we’ve gone there (and that’s been for almost four years). I asked why they charge us and have never been given a real reason (the attendants usually just shrug it off).

  5. I or my family have purchased from ARCO for 20 plus years. I can prove we have purchase many times in the time frame of your BP Class action. Put me on your list. I have never liked the fee but I was aware of it and I could compute how much the cost of gas was per gallon with the fee.

    I have used the Arco in Beaverton on Allen, Beaverton Hillsdale, Murray and Allen, and King City

  6. Thanks for pursuing this ridiculous fee! Please direct me and others included in this suit as to what is the next step we need to take. Thank you again!

  7. I have got gas many times at the Murray and TV Hwy location in Beaverton, Halsey and 181st in Gresham and Hwy 26th in Sandy. Every time they have charged me 35 cents. When I first asked why there is a charge when others don’t, they told me that the chargers are to cover debits charge costs from banks. I am glad someone has highlighted and going after this injustice.
    Thank you

  8. Can you please add me to the class action, I have been using Arco for 10 years in Oregon, and always thought that fee was terrible

  9. All-
    It does not work this way. Unless you excluded yourself, you are part of it, if you meet the definition. There will be a claim process. Watch this blog or like our Facebook page for updates.

    -David

  10. I have used Arco in Springfield an Creswell for the last 20 years. Although it is not a big deal,$ 200.00 would be great! And you fee is? Thank you Patrick Patterson. Note : May debit card number has changed several times,but the record is there.

  11. The record may or may not be there. Transaction records have been destroyed. Our fees will be set by the court

  12. How do I get on this lawsuit? I have spent hundreds of dollars at these gas stations and have always had to pay the fee also. They told me that they would no longer be charging the fee yet they still are!

  13. See the main article for the link to register. There will be a claim process at some point, and we will keep you posted.

  14. Always buy gas at the 99W station in Dundee. Never noticed the fees as we always bought drinks and snacks every time we stopped (driving from Beaverton to Grande Rhonde to visit the in-laws every other weekend). I guess whenever I or my husband swiped, we were always just going through the motion and paying little to no attention to the debit screen.

    Heard about this on the evening news. Filled out the form on the class action website. Never received any information about this prior to the news tonight. Have I done everything I need to do on my end to join the lawsuit?

  15. I BUY MY GAS ONLY AT ARCO AND HAVE FOR YEARS… I BUY ON NE MLK AND LOMBARD AND ON 82ND AND FREMONT. I HAVE BEEN PAYING THE FEE AS LONG AS I CAN REMEMBER

  16. Thanks for your comments. Roughly 500,000 letters are going out this week to people whose names and addresses we recovered to confirm their claims. There should be more letters, but we do not yet know the total. If you do not get a letter, you can get more info or file a claim at the official website. Questions? Call me at 503.228.64674 or email at david@davidsugerman.com

    -David

  17. John-I’m sorry. This got stuck in our spam filter. Yes, we are still on appeal, and there will be no payments to anyone until we win all the appeals. We’re making good progress. Please call us at 503.228.6474 if you have questions.

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