Update BP/ARCO Debit Card Overcharge Case: More Good News

Last week, the Oregon Supreme Court declined to review the case. That means that our complete victories in the trial court and in the Oregon Court of Appeals stand. This is great news.

So the case is over, right?

Not necessarily. BP may ask the U.S. Supreme Court to review the case. They have approximately three months to file a petition asking the U.S. Supreme Court to review the case. They must file a petition for a writ of certiorari in the Supreme Court if they want to continue the fight.

The U.S. Supreme Court reviews very few cases like this one. The odds are that the U.S. Supreme Court will decline the petition, if BP chooses to file it. If BP chooses not to file the petition, they must pay the judgment. If they file the petition, payment is not due until the U.S. Supreme Court denies the petition or–if it grants the petition–until the U.S. Supreme Court fully affirms the Oregon courts’ rulings.

So whether it’s over is up to BP. Have they had enough? Who knows!

The one thing is that delay is very costly. Under our state court rules, interest runs at 9 percent per year.

As most people know this is a very big judgment–over $400 million. It’s that big because BP ripped off 13,000 people per day in Oregon, and a total of over 2 million consumers were illegally charged debit card fees.

When a judgment is more than $400 million, interest runs at over $100,000 per day.  That’s everyday.  So it’s really expensive for BP to continue the fight.

As always, thanks for your patience. We’re winning, and that is always awesome. And we will see this through to the end.

-David Sugerman