02-01-2014, 10:22 AM
Good. http://www.oregonlive.com/business/index...nomah.html
Excerpt: "A BP spokesman said Friday night that following a loss in Multnomah County Circuit Court, the company will no longer charge an additional 35 cents to consumers who use debit cards to pay for gas at its Arco and AmPm stations.
The announcement came following a jury's decision earlier Friday that BP West Coast Products wrongly charged the fee without properly alerting customers. Friday's award allows consumers who bought gas between Jan. 1, 2011, and Aug. 31, 2013, to recover $200 for the violations of the state's Oregon Unlawful Trade Practices Act.
"We are disappointed with the verdict and we intend to appeal," said Scott Dean, a BP spokesman.
"Although BPWCP continues to believe that the debit card fee is a reasonable method to cover bank transaction fees and is not part of the price of gasoline or goods offered at ARCO retail locations, we are suspending charging the debit card fee in Oregon while we review our options and alternatives," Dean said.
Steven Scharfstein, a Lake Oswego lawyer, was the named plaintiff in the case, which was originally filed in December, 2011, and sought to create a class out of Oregon customers who'd paid the fees at any of about 50 stations. The case was brought by Portland lawyer David Sugerman.
Sugerman could not comment on the case, which will move into a new phase on Monday. However, a release from Sugerman's office said "case evidence showed that there are likely close to 2.9 million victims in the class."
In a story last year, Sugerman said many customers weren't aware of the charges until the gas was already pumped into their car.
"And now, with prices so high, it's not like you have much choice," Sugerman said, adding customers are often pulled in "by that lower posted price. It's sort of a gotcha."
In an email late last year, BP spokesman Dean had said the company considered the lawsuit "baseless."
"Plaintiff’s lawyers claims relating to legality of the debit card fee and gasoline price advertising are simply wrong," Dean wrote in an email. "The debit card fee is not a fee on the prices of gasoline or other products. It is a transaction fee based on the costs of accepting debit cards as opposed to cash. By treating this banking fee separate from the price of gasoline or other products, ARCO dealers and franchisees can offer low prices. ARCO shoppers are aware of the debit card fee which has been in place for more than 20 years and is disclosed throughout ARCO stations."
Excerpt: "A BP spokesman said Friday night that following a loss in Multnomah County Circuit Court, the company will no longer charge an additional 35 cents to consumers who use debit cards to pay for gas at its Arco and AmPm stations.
The announcement came following a jury's decision earlier Friday that BP West Coast Products wrongly charged the fee without properly alerting customers. Friday's award allows consumers who bought gas between Jan. 1, 2011, and Aug. 31, 2013, to recover $200 for the violations of the state's Oregon Unlawful Trade Practices Act.
"We are disappointed with the verdict and we intend to appeal," said Scott Dean, a BP spokesman.
"Although BPWCP continues to believe that the debit card fee is a reasonable method to cover bank transaction fees and is not part of the price of gasoline or goods offered at ARCO retail locations, we are suspending charging the debit card fee in Oregon while we review our options and alternatives," Dean said.
Steven Scharfstein, a Lake Oswego lawyer, was the named plaintiff in the case, which was originally filed in December, 2011, and sought to create a class out of Oregon customers who'd paid the fees at any of about 50 stations. The case was brought by Portland lawyer David Sugerman.
Sugerman could not comment on the case, which will move into a new phase on Monday. However, a release from Sugerman's office said "case evidence showed that there are likely close to 2.9 million victims in the class."
In a story last year, Sugerman said many customers weren't aware of the charges until the gas was already pumped into their car.
"And now, with prices so high, it's not like you have much choice," Sugerman said, adding customers are often pulled in "by that lower posted price. It's sort of a gotcha."
In an email late last year, BP spokesman Dean had said the company considered the lawsuit "baseless."
"Plaintiff’s lawyers claims relating to legality of the debit card fee and gasoline price advertising are simply wrong," Dean wrote in an email. "The debit card fee is not a fee on the prices of gasoline or other products. It is a transaction fee based on the costs of accepting debit cards as opposed to cash. By treating this banking fee separate from the price of gasoline or other products, ARCO dealers and franchisees can offer low prices. ARCO shoppers are aware of the debit card fee which has been in place for more than 20 years and is disclosed throughout ARCO stations."