Speedway class action alleges premium customers receive some regular gas

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Speedway gas class action lawsuit overview: 

• Who: Mark Baird filed a class action lawsuit against Speedway LLC. 
• Why: Baird claims consumers who purchase premium motor fuel from a Speedway gas station receive a significant amount of regular or mid-grade motor fuel in the first gallon of fuel they pump. 
• Where: The class action lawsuit was filed in Tennessee federal court.

Drivers who purchase premium motor fuel from Speedway gas stations receive a significant amount of regular or mid-grade motor fuel in the first gallon pumped into their vehicle, a new class action lawsuit alleges. 

Plaintiff Mark Baird claims Speedway uses a single-nozzle fuel dispensing system that retains a residual amount of motor fuel that becomes part of the first gallon of motor fuel pumped into the next vehicle. 

Baird claims drivers who purchase premium motor fuel after a consumer who uses the pump to fill up with regular or mid-grade fuel typically end up receiving one third of a gallon of the lower quality motor fuel as part of their first gallon. 

“Premium Customers 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,” the Speedway class action states. 

Baird wants to represent a class of consumers from 36 states — including Tennessee, Alabama, California, and New York, among others — who, while using a credit or debit card, purchased premium motor fuel from Speedway using a single-nozzle fuel dispensing system from between June 12, 2017 and June 12, 2023. 

Speedway aware it overcharges drivers who purchase premium motor fuel, says class action

Baird argues Speedway is “aware that it overcharges Premium Customers,” but chooses not to refund them, despite there not being any federal, state, or local state regulation preventing them from doing so. 

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

Baird claims Speedway is guilty of breach of contract, unjust enrichment, and money had and received. 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. 

A similar class action lawsuit was filed against Love’s Travel Stops & Country Stores Inc. earlier this month over claims consumers who purchased premium motor fuel from Love’s gas stations received a “significant amount” of regular or mid-grade motor fuel in their first gallon pumped. 

Have you purchased premium motor fuel from a Speedway gas station? Let us know in the comments! 

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

The Speedway gas class action lawsuit is Baird, et al. v. Speedway LLC, Case No. 3:23-cv-00589, in the U.S. District Court for the Middle District of Tennessee.

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