Frequently Asked Questions

  1. When will I receive my 2020 check?

    The 2020 disbursement has the same timeline as the 2019 disbursement, so you should expect to receive your 2020 check at a similar date. Because of the large volume, mailing will begin in July, 2020 through August, 2020.

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  2. What is the deadline for requesting a reissue?

    The deadline to request a check reissue will be November 23, 2020. If you can request a check reissue online here, or fill out the paper reissue form here and mail it to the following address:

    Scharfstein v. BP West Coast Products LLC
    P.O. Box 3266
    Portland, OR 97208-3266

    To get your check reissued you must fill out either the web or paper form. Written request without the paper form will not be processed

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  3. My information has changed since I received my first check. How do I update it?

    Address Change:

    If you wish to update your address, you must write to: Scharfstein v. BP West Coast Products LLC, P.O. Box 3266, Portland, OR 97208-3266 to update your address for the 2020 disbursement phase.

    Your request must be received by November 23, 2020. So that we can locate your class member record, please include your full name, current address, and previous address(es) (if known).

    Name Change – Individual or Business:

    If the name on the check needs to be updated due to marriage, divorce or business name change, you must write to: Scharfstein v. BP West Coast Products LLC, P.O. Box 3266, Portland, OR 97208-3266 to update your name for the 2020 disbursement phase.

    Your request must be received by November 23, 2020. So that we can locate your class member record, please include your full name, the full name printed on the check, current address, and previous address(es) (if known). Please also provide, if available, a brief explanation with your request.

    Deceased Class Member:

    If the name on the check needs to be updated due to a deceased class member, you must write to: Scharfstein v. BP West Coast Products LLC, P.O. Box 3266, Portland, OR 97208-3266 to update the name for the 2020 disbursement phase.

    Your request must be received by November 23, 2020. So that we can locate your class member record, please include your full name, the full name printed on the check, current address, and previous address(es) (if known).

    Please also include, if available, a copy of documentation such as: class member’s Death Certificate, Trust or Estate Document, and/or Power of Attorney. If one of these documents is not available, please submit a brief explanation with your request.

    No Bank Account:

    If you do not have a bank account and require a check be issued to you without the ‘Check Cashing’ language and restriction, you must write to: Scharfstein v. BP West Coast Products LLC, P.O. Box 3266, Portland, OR 97208-3266 for the 2020 disbursement phase.

    Your request must be received by November 23, 2020. So that we can locate your class member record, please include your full name, current address, and previous address(es) (if known).

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  4. Why does the Notice apply to me?

    Records show who is a member of the class of ARCO and am/pm customers and therefore 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 had preliminarily approved the Settlement.

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  5. What is this lawsuit about?

    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 attorneys' 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.

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  6. Who is in the Class?

    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:

    • Attorneys for the Class;
    • Jurors and alternate jurors in the Lawsuit;
    • Any judge who sits on the Lawsuit;
    • Any person who previously settled or had a court, arbitrator, or other legal authority decide a claim involving a dispute over debit-card fees charged by BPWCP, on or after January 1, 2011; and
    • Certain key employees of Kinsella Media and Epiq.

    Class membership was confirmed through proceedings in 2014 and 2015.

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  7. What is the proposed Settlement?

    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.

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  8. What are the attorney’s fees and expenses and the Class Representatives’ compensation?

    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.

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  9. What rights are being released by the Settlement?

    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.

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  10. How can I get additional information?

    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 1-866-329-5931. You may also contact Lead Class Counsel by emailing at david@davidsugerman.com or calling at 1-503-228-6474.

    Clerk of the Court Class Counsel Defendant’s Counsel Claims Administrator
    Clerk’s Office
    Multnomah County Circuit Court
    1021 SW Fourth Ave.
    Portland, OR 97204
    David Sugerman
    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

    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.

    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 this Settlement or any claims you may have in this matter.

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