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A judgment has been reached in a class action lawsuit alleging BP West Coast Products LLP violated Oregon’s Unlawful Trade Practices Act by assessing and collecting a 35 cent fee on purchases made with debit cards. If you bought gas in Oregon from an Arco gas station or an AmPm minimarket using a debit card and were charged a debit card fee, you could be entitled to recover statutory damages of up to $200.
Who’s Eligible
The Arco AmPm debit card fee lawsuit consists of two classes:
- The first class consists of all consumers who, between Jan. 1, 2011 and Aug. 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 were charged a debit card fee.
- 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 for the State of Oregon, Multnomah County)
Potential Award
Up to $200.
Proof of Purchase
N/A
Claim Form Deadline
9/21/15
Case Name
Steven Scharfstein v. BP West Coast Products LLC, Case No. 1112-17046, in the Circuit Court for the State of Oregon, Multnomah County.
Case Summary
Steven Scharfstein, an Oregon consumer, filed a class action lawsuit against BP in 2011, accusing the company of improperly applying fees on debit card transactions without posting adequate signs to warn customers of the extra charges. He alleged this practice violates Oregon law. BP denied the allegations and the class action lawsuit went to trial in January.
On Jan. 31, 2014, a Multnomah County jury agreed with Scharfstein, ruling that BP recklessly violated the state’s Unlawful Trade Practices Act by failing to notify customers on street signs and gas pumps that they would be charged an extra 35 cents if they paid with a debit card. Class Members may be entitled to receive up to $200 in statutory damages.
Class Members can register for updates on the class action settlement by registering at the Arco AmPm debit card lawsuit website.
Final Hearing
9/21/15
Settlement Website
Claims Administrator
ARCO Oregon Debit Card Class Action
P.O. Box 3266
Portland, OR 97208-3266
Class Counsel
David F. Sugerman
DAVID F. SUGERMAN PC
Tim Quinelle
TIM QUENELLE PC
Defense Counsel
Lois O. Rosenbaum
Brad S. Daniels
STOEL RIVES LLP
Douglas C. Berry
GRAHAM & DUNN PC
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18 thoughts onArco AmPm Debit Card Fee Class Action Settlement
Yes misrepresentation in al states with arch/am/pm states gas here in California is $3:95 but actually more when you pay the 35 cent fee! Still waiting on check from Oregon issue!
Charging a 35 cent surcharge on DEBIT CARD transactions are not illegal in California. Civil Code section 1747 et seq. (Song-Beverly Credit Card Act of 1971) prohibits surcharges on CREDIT CARDS only. Debit cards are not within the definition of credit cards under the Song-Beverly Act.
Quiciera saber por que no puedo presentar mi reclamo alguien me puede ayudar a como se deve de hacer gracias
Pase la misma situacion ahora como puedo aserle de echo me llego una carta ami casa ojala puedn decirme en q consiste
I MOVED TO TEXAS IN SEPTEMBER 2012, SO THE MAIL DID’NT CATCH UP OR REACH ME. I HAD A ARCO CARD AND ALSO I USED MY DEBIT CARD A LOT, I HOPE THAT ONE OF THE ATTORNEYS CONTACT ME. THANK YOU
what is the total settlement? if this law suit is reversed will we be responsible for attorney fees ?
Thank You
i too live in cali an im a loyal customer to arco only because their gas is cheaper but it adds up paying that extra 35 cents
I also live in California. There is an Arco i stay loyal to even though they do charge a .35cent fee on my debit card transactions. Wether i am paying for gas or cigsrettes i pay tax on top of that .35cent fee
I agree with Shelie Radotic above I live in California also and I have been charged a .35 cent fee every time there is no way around it if you want your items. How can we get them to include California?
I look forward to hearing from someone/anyone regarding this issue.
I would like to see the class action lawsuit against am/pm in Oregon to include the state of California. Or would like to get information as to how a class action lawsuit can be filed against am/pm in California. I have been charged a .35 cent fee by am/pm for making purchases using a debit card for a number of years. In California (Lodi, CA , San Joaquin County), it is not an option to make a purchase with using a credit card. I have asked cashiers/owners at multiple locations how they are able to get away with charging a fee to use ATM/debit cards as it is against the law in California to do so. They do not acknowledge that they are aware of it being against the law to do so.
Looking forward to hear a reply with input about this situation. Thank you for your time.
Shelie Radotic
(209)263-8844
Shella, maybe we should start our own class action lawsuit. Please leave a message at this website
Shelie,
I contacted the attorney Mr. Sugerman and he is going to check into it and let me know.