Records show who was a member of the class of ARCO or am/pm customers who are affected by the proposed Settlement of this Class Action Lawsuit. The class consists of ARCO and am/pm customers who used a debit card for their purchases in Oregon and were charged a 35-cent debit-card fee between January 1, 2011 and August 30, 2013. Based on prior proceedings in the case, we know who is in the class and their mailing address. We gave notice to members of the class in 2014 and 2015 that informed class members of the case and their entitlement to recover over $164, as a result of a jury trial in Multnomah County Circuit Court in Portland, Oregon.
In March, 2019, we mailed notice to class members advising them that the Court has preliminarily approved the Settlement.Back To Top
Steven Scharfstein was appointed to serve as Class Representative. The defendant is BP West Coast Products, LLC.
This class-action lawsuit claims that BPWCP violated Oregon law by overcharging debit-card purchasers for ARCO gas and by failing to properly disclose gas prices to consumers when it charged a 35-cent debit-card fee on gasoline purchases made at Oregon ARCO gasoline stations or ARCO am/pm mini-marts. The case was tried to a jury, and the jury found that BPWCP violated the Oregon Unlawful Trade Practices Act, ORS 646.608. Based on the verdict, the trial court determined that each class member was entitled to collect $200, less attorney fees. After attorney fees, each class member was entitled to collect at least $164.
BPWCP appealed the judgment and the rulings in the trial court, and the Oregon Court of Appeals affirmed the trial court’s rulings and judgment. BPWCP ¬still denies that it has done anything wrong, disputes many of the rulings made in this matter, and believes that the award proposed in this matter is excessive. Accordingly, BPWCP intends to continue its appeal to the United States Supreme Court.
BPWCP believes that the judgment against it is unconstitutional, but has agreed to settle the case and stop pursuing its appeal.Back To Top
The class consists of all consumers who, between January 1, 2011, and August 30, 2013, bought BP-branded gasoline, including gasoline plus additional items, at Oregon ARCO stations or Oregon am/pm minimarkets, who paid with a debit card and who were charged a debit-card fee. But excluded from the class are 2,441 former class members who filed valid opt-out forms and are specifically identified in Exhibit A to the Amended General Judgment, which is available here. Also excluded from the class are:
Class membership was confirmed through proceedings in 2014 and 2015.Back To Top
Under the Settlement, Defendant agrees to pay to each Class Member 100% of the total base amount each Class Member is entitled to under the May 2016, Amended General Judgment of the Court, plus 3% interest accruing from June 1, 2016, in two payments. Each Class Member will receive a total of at least $185.00, which will be split into two payments, the first payment within 30 days from July 15, 2019 and the second payment within 30 days from July 15, 2020. In the event that court proceedings to review and approve the Settlement continue longer than is currently expected, one or both payments may be delayed until after the court proceedings conclude.Back To Top
If you are a Class Member, you can object to any part of the Settlement. To object, you must submit a letter or other written document that includes the following:
Your objection and all supporting documents must be filed with the Clerk of the Court and delivered to the Class Administrator, Class Counsel and Defendant’s Counsel at the addresses below so they are received no later than the Objection Deadline of May 14, 2019.
|Clerk of the Court||Class Counsel||Defendant’s Counsel||Class Administrator|
Multnomah County Circuit Court
1021 SW Fourth Ave.
Portland, OR 97204
David F. Sugerman Attorney, PC
707 SW Washington St., # 600
Portland, OR 97204
Sarah J. Crooks
Perkins Coie LLP
1120 NW Couch St., 10th Floor
Portland, OR 97209
Scharfstein v. BP West Coast Products LLC
Debit Card Class Action Administrator
PO Box 3266
Portland, OR 97208-3266
Objecting is simply telling the Court that you do not like something about the Settlement.Back To Top
If you are a class member and you do nothing you will receive a settlement payment consistent with the terms of the Settlement, and you will be barred from bringing any similar claims against the Defendant. You do not need to take any action to take advantage of this settlement.Back To Top
The Court already has determined the amount of Class counsel’s fees, costs, and expenses, which Class Members have had a prior opportunity to object to. The Settlement does not affect that prior determination of the Court. There are no additional fees, costs, or expenses requested.Back To Top
If the Court approves the proposed Settlement, all Class Members will release their rights to collect 9% interest (as opposed to 3% under the Settlement) on the money that is owed to them under the May 2016, Amended General Judgment of the Court. Also, Class Members agree that they will receive the money in two roughly equal payments. Additionally, all Class Members will release the Defendant from any and all claims that were or could have been asserted in this Lawsuit. All Class Members will forever be permanently barred from bringing any claim related to this Lawsuit and the money owed to them under the May 2016, Amended General Judgment of the Court, against Defendant in the future.
BPWCP is releasing its right to continue its appeal and its chance to overturn the Amended General Judgment in its entirety.Back To Top
PLEASE TAKE NOTICE that a Final Approval Hearing will be held on June 4, 2019 at 3 p.m. PDT, at the Multnomah County Circuit Court, 1021 SW Fourth Avenue, Portland, Oregon, 97204 to consider the final approval of this proposed Settlement. You are not required to appear at the hearing, but you may attend this hearing if you want to. At the Final Approval Hearing, the Court will consider:
If, after conducting the Final Approval Hearing, the Court grants final approval of the Settlement as set forth in the Settlement Agreement (including any modification or amendment thereto to which Defendants and Class Counsel agree), it shall enter a Final Approval Order and General Judgment of Dismissal. Defendant’s obligations to make payments under the Settlement Agreement do not become effective until the Court grants final approval and the General Judgment of Dismissal becomes final, as defined in the Settlement Agreement.
Note: The Final Approval Hearing can move at any time without further notice to Class Members. Please check this website for updates.Back To Top
If you want additional information, please write to Scharfstein v. BP West Coast Products LLC P.O. Box 3266 Portland, OR 97208-3266, or call toll-free at 1-866-329-5931. You may also contact Lead Class Counsel by emailing him at firstname.lastname@example.org or calling him at 1-503-228-6474.
You may also request to be mailed a Detailed Notice by emailing us at Info@debitcardclassaction.com. This email inbox is solely for requesting Detailed Notice and not for other correspondence.
Do not contact the Court directly. You may, however, refer to the pleadings in the public file with the Court, which can be inspected at the file room of the Clerk’s Office, Multnomah County Circuit Court, 1021 SW Fourth Avenue, Portland, OR 97204.
With the exception of submitting an objection, please DO NOT call or write the Clerk of the Court or Defendant or Defendant’s Counsel. The Defendant is not authorized to provide any information relating to Settlement or any claims you may have in this matter.Back To Top