Valero Gas Stations Debit Card False Advertising Class Action Settlement

UPDATE: The Valero Gas Stations Debit Card False Advertising Class Action Settlement was granted final approval on March 17, 2021. Please note that this settlement does not provide monetary relief.

Valero has agreed to a class action settlement over claims it engaged in deceptive and unfair conduct by failing to ensure that Valero gas stations in California notify customers that there is a higher price for debit card users that is different from the “cash” price advertised for fuel purchases.

The Class is made up of anyone who purchased gasoline with a debit card between Dec. 3, 2011, and Nov. 5, 2020, at a Valero-branded gas station in California that offered a “cash” price and a “credit” price, and who was charged more per gallon than the advertised “cash” price.

The lead plaintiff in the class action lawsuit, originally filed in 2015, claimed that Valero gas prices were advertised as being discounted for customers paying with cash.

However, the class action lawsuit claimed, the company failed to let customers know debit card purchases weren’t eligible for the cash price.

According to the plaintiff, debit cards are used as a “safer cash-equivalent” by consumers who lack the credit history necessary for obtaining a credit card or who can’t afford credit card interest rates and fees.

Often these same customers are low-income, the class action lawsuit said, and as such, they are “lured” in by lower Valero gas prices for those paying cash.

The class action lawsuit also claimed the “credit” Valero gas prices result in a surcharge on debit card transactions “that is substantially more than the amount allowed by federal law.”

The Valero gas prices settlement does not provide any monetary relief. However, as part of the settlement, the company has agreed to:

• Implement signage modifications for use by Valero-branded stations in California
• Implement policies to ensure these stations inform customers of how their debit cards will be charged

For Valero-branded stations in California, specifically, the company has agreed to:

• No longer approve signage at these stations that advertise “cash” and “credit” prices but omit debit prices
• Require these stations advertising discounted pricing to indicate how debit cards will be charged
• Provide pump decals and signage indicating how debit cards will be charged at Valero-branded stations that notify the company they offer discounted prices
• Promptly notify and demand compliance from any such station the company determines is violating the terms of the settlement.

Valero has denied any allegations of wrongdoing but has agreed to the settlement in order to avoid the risks and costs associated with ongoing litigation.

The deadline to object to or opt-out of the Valero gas prices settlement is Feb. 18, 2021.

If you do nothing, you are considered part of the Class.

By not objecting to or opting out of the settlement, you are giving up the right to file your own lawsuit for monetary or other relief against Valero based on the claims included in this settlement.

Excluding yourself does not entitle you to any additional rights.

A fairness hearing is scheduled for March 11, 2021.

Who’s Eligible

Anyone who purchased gasoline with a debit card between Dec. 3, 2011, and Nov. 5, 2020, at a Valero-branded gas station in California that offered a “cash” price and a “credit” price, and who was charged more per gallon than the advertised “cash” price.

Potential Award

Injunctive relief.

• The Valero gas prices settlement does not provide any monetary relief.

Proof of Purchase

N/A

Claim Form

There is no claim form for this class action settlement. 

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

No claim form is necessary for this settlement.

However, the deadline to exclude yourself from or object to this settlement is Feb. 18, 2021.

Case Name

Faith Bautista, et al. v. Valero Marketing and Supply Co., Case No. 3:15-cv-05557-RS in the U.S. District Court for the Northern District of California, San Francisco Division

Final Hearing

03/11/2021

Settlement Website

GasolineSignageSettlement.com

Claims Administrator

Bautista v. Valero Marketing and Supply Company
Case No. 15-05557-RS
P.O. Box 4808
Portland, OR 97208-4808
1-888-905-0604

Class Counsel

ROBBINS GELLER RUDMAN & DOWD LLP

HOBSON BERNARDINO + DAVIS LLP

Defense Counsel

HAWXHURST HARRIS LLP

Read About More Class Action Lawsuits & Class Action Settlements:

• UCLA Regents Settle Gynecologist Abuse Class Action Lawsuit for $73M
• Epic Games Manipulates Kids Through Fortnite, Parents Claim
• $2 Billion Settlement Reached for Roundup Weedkiller
• New York Catholic Clergy Abuse Lawsuit Investigation