Murphy Oil Class Action Says Gas Prices Are Misleading At Walmart Stations

UPDATE: On January 23, 2020, the Murphy Oil class action lawsuit was dismissed.

A recent class action lawsuit claims that Walmart gas stations run by Murphy Oil mislead customers about their gas prices.

Murphy Oil USA reportedly owns and operates numerous gas stations in Walmart parking lots.

The Murphy Oil gas station class action claims that Murphy Oil deceptively displays their gas prices in a way that confuses and misleads reasonable consumers.

In April 2019, plaintiff John Taylor reportedly purchased gas from a Walmart gas station in Missouri. At the pump, there were two regular unleaded prices: a “discounted price” of $2.339 and a “price per gallon, all taxes include” of $2.309. Despite having a price per gallon listed at $2.309, Murphy Oil allegedly charged Taylor the higher price of $2.339 for his fuel.

Taylor claims that the pricing system used by Murphy Oil is deceptive because the “discounted” price is listed as higher than the full price – meaning that consumers cannot tell what the actual price of gas is.

“Defendant’s display of two different prices and charging the higher ‘discounted’ price, and the collection, receipt, and retention of the higher price was misleading, and constituted deception, fraud, false pretense, false promise, misrepresentation, and an unfair practice of the concealment, suppression, or omission of a material fact,” the Murphy Oil class action claims.

Taylor argues that this gas pricing scheme is used uniformly across Murphy Oil gas stations, meaning that thousands of consumers may have been subject to the same unfair pricing. He also argues that the misleading gas prices are intentional and aimed to mislead consumers about how much they would be charged for gas.

“On information and belief, Defendant’s misleading and illegal acts alleged were done for a substantial period of time and were done intentionally with the specific intent to profit from the misleading practice,” the Murphy Oil class action claims.

Taylor claims that these actions violate the Missouri Merchandising Practices Act.

The plaintiff seeks to represent a Class of consumers who purchased gasoline or diesel from Murphy Oil where the gasoline pump displayed two different prices, with the “discounted” price being higher than the other price, and who were charged the higher price for their fuel.

Alternatively, Taylor seeks to represent a Class of the same consumers who purchased fuel in Missouri. Further still, Taylor proposes to represent a Class of the same consumers who purchased fuel from the Murphy Oil location in Fredericktown, Missouri.

“Whatever class definition is used, the expected number of plaintiffs of the class would at least number in the hundreds and probably number in the many thousands, the class is so numerous that joinder of all members [is] impracticable,” Taylor notes in his Murphy Oil class action.

The Murphy Oil class action seeks actual damages, compensation for the higher gas prices paid, punitive damages, prejudgment interest of nine percent, court costs, and attorneys’ fees.

Taylor and the proposed Class are represented by Robert Schultz of Schultz & Associates LLP.

The Murphy Oil Gas Prices Class Action Lawsuit is Taylor v. Murphy Oil USA Inc., Case No. 4:19-cv-01705-NAB, in the U.S. District Court for the Eastern District of Missouri.

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