Love’s gas station class action alleges premium customers receive some regular gas

Love’s gas station class action lawsuit overview: 

• Who: William Fudge filed a class action lawsuit against Love’s Travel Stops & Country Stores Inc. d/b/a Love’s. 
• Why: Fudge claims consumers who purchase premium motor fuel from Love’s gas stations receive a “significant amount” of regular or mid-grade motor fuel in their first gallon pumped.
• Where: The class action lawsuit was filed in Tennessee federal court.

Consumers who purchase premium motor fuel from Love’s gas stations regularly receive a “significant amount” of regular or mid-grade motor fuel in their first gallon of fuel, a new class action lawsuit alleges. 

Plaintiff William Fudge claims Love’s fuel pumps, after being used to pump regular or mid-grade motor fuel, retain a “residual amount” of motor fuel that becomes part of the first gallon of motor fuel pumped into the next vehicle. 

Fudge argues that, since around 70% of vehicles require regular motor fuel, consumers with vehicles requiring premium motor fuel “regularly paid the premium price for the first gallon of motor fuel for which they did not receive a gallon of premium motor fuel in return.” 

“Premium Customers, therefore, regularly paid the premium motor fuel price for a gallon that contained a significant amount of lower-grade motor fuel,” the Love’s class action states. 

Fudge wants to represent individual classes of consumers from a total of 42 states who purchased premium motor fuel from a Love’s gas station equipped with a single-nozzle fuel dispensing system after a customer who had used the same system to purchase regular or mid-grade motor fuel. 

Love’s has known for years that it overcharges customers who purchase premium gas, says class action

Fudge claims Love’s has known for years that it was “retaining the benefit of selling regular or midgrade motor fuel for the price of premium motor fuel at the expense of its Premium Customers.” 

Love’s also could easily return the money it allegedly overcharges consumers who purchase premium motor fuel, however, it chooses not to, the Love’s class action alleges. 

“Love’s has made a business decision to retain the overcharge as a profit as opposed to refunding the same to Premium Customers,” the Love’s class action states. 

Fudge claims Love’s is guilty of unjust enrichment and breach of express or implied-in-fact contract. He is demanding a jury trial and requesting declaratory and injunctive relief along with an award of restitutionary damages for himself and all class members. 

In another case involving a gas station, Arco AmPm agreed to a settlement in 2014 that resolved claims the company charged for more gas than what was actually pumped at its Oregon gas stations. 

Have you purchased premium motor fuel at a Love’s gas station? Let us know in the comments! 

The plaintiff is represented by Gordon Ball of Gordon Ball, PLLC, Thomas Bienert, Jr. and Daniel Goldman of Bienert Katzman Littrrell Williams LLP, Times Wang of North River Law PLLC, and Bryan E. Delius of Delius & McKenzie, PLLC.

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