Frequently Asked Questions

Basic Information

  1. Why is there a notice?

    A Court authorized a notice because the Class Members have a right to know about a jury’s decision in a class action lawsuit and about all of their options. This notice discusses what this lawsuit is about, who is involved, and the Class Members’ rights and options at this stage of the proceedings.

    The Honorable Jerome LaBarre of the State of Oregon Circuit Court for Multnomah County is overseeing this case. The lawsuit is called Scharfstein v. BP West Coast Products LLC, Case No. 1112-17046. The people who sued are called the “Plaintiffs.” BP West Coast Products LLC (“BPWCP”) is the “Defendant.” A verdict has been reached in favor of the Plaintiffs, and Class Members are now able to submit claims in order to recover $164.85 or more.

    A new notice is being issued because the Oregon law on unclaimed money in class actions has recently changed. The new law only affects the rights of class members who did not previously receive a letter about this case, opt out of this lawsuit, or make a claim.

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  2. What is this lawsuit about?

    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 ampm mini-marts. BPWCP denies that it has done anything wrong, disputes many of the rulings made in this matter, believes that the award proposed in this matter is excessive, and plans to appeal any judgment that is entered.

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  3. What is a class action and who is involved?

    In a class action, one or more people called “class representatives” (in this case, Steven Scharfstein) sue on behalf of other individuals who may have similar claims. All of these people together are the “Class” or “Class Members.” One court resolves the issues for all Class Members.

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Who is in the Class?

  1. Am I a Class Member?

    You are a Class Member if you bought gasoline at Oregon ARCO or ARCO ampm mini-mart gas stations between January 1, 2011 and August 30, 2013 with a debit card and paid a 35-cent debit card fee.

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  2. Who is excluded from the Class?

    The following persons are excluded from the Class:

    • Attorneys for the Class;
    • Anyone who served as a juror or alternate juror on this case;
    • Any judge who sits on this case;
    • 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
    • Any key supervisory employee of the Notice Provider or Claims Administrator.

    In addition, anyone who previously opted-out of this lawsuit is no longer part of the Class. A list of people who previously opted out is available here.

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Submitting a Claim

  1. How can I submit a claim in this case?

    If you received a mailed notice and letter stating that records reflect that you purchased gas using your debit card, you do not need to submit a claim form to get a payment.

    If you previously filed a claim, you do not need to submit another claim to get a payment.

    If you did not receive a letter and believe you are an eligible Class Member, you may submit a claim online here or by mail. You must complete your claim form, sign it, and submit it by September 21, 2015 to be considered valid and eligible for payment.

    Claims submitted by mail should be sent to:

    ARCO/ampm Debit Card Class Action
    P.O. Box 3266
    Portland, OR 97208-3266

    Claim forms are available here, or you can request a paper claim form by calling 1-866-329-5931.

    Only one claim per Class Member will be accepted. Claims must be based on the first purchase made by a Class Member between January 1, 2011 and August 30, 2013. For more information about submitting a claim, please visit the Submit a Claim page.

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  2. Do I need to submit information supporting my claim?

    Yes. If you are submitting a claim form (and not receiving an automatic payment), your claim must include information about you, your purchase, and the debit card used to make your purchase. If you have questions about the claim form, please contact the Claims Administrator at 1-866-329-5931 for further information or visit the Submit a Claim page.

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  3. How much will my payment be?

    Each Class Member with a valid claim is eligible for one payment of $164.85 or more. Each Class Member was awarded $200, but the Court approved that up to $35.15 should be subtracted from each claim to pay for attorneys’ fees and expenses (see Question 22).

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  4. If I made multiple purchases at Oregon ARCO or ARCO ampm mini-mart gas stations, do I get more money?

    No. Each Class Member is only eligible for one payment, regardless of the number of times he or she made purchases at Oregon ARCO or ARCO ampm mini-mart gas stations between January 1, 2011 and August 30, 2013.

    As described in Question 6, only Claims based on the first purchase made by a Class Member between January 1, 2011 and August 30, 2013 will be accepted.

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  5. Am I guaranteed a payment if I submit a valid claim in this case?

    No. The verdict in this case is subject to appeal by BPWCP. If a higher court reverses the verdict, Class Members will not receive payments.

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  6. When will I receive my payment in this case?

    It is not known when payments will be issued in this case. Payments will not be made until all appeals are exhausted.

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  7. What if my claim is denied and I want to challenge the denial?

    Claim forms will be reviewed by the Claims Administrator to determine whether they are valid. If your claim is denied, you may appeal the denial by writing to the Claims Administrator. Your appeal must contain the following information:

    1. Your name, address, and telephone number; and
    2. A detailed statement about why you believe your claim should be reconsidered.

    All appeals must be emailed or mailed to the Claims Administrator and received by October 5, 2015 to be considered. Mail appeals to:

    ARCO/ampm Debit Card Class Action Claims – Appeals
    P.O. Box 3266
    Portland, OR 97208-3266.

    Please include “ARCO/ampm Debit Card Fee Claims – Appeals” in your subject line.

    The Claims Administrator will notify people who submit appeals of the outcome of their appeals by mail or email.

    If you have questions about submitting an appeal or the status of a pending appeal, please contact the Claims Administrator at 1-866-329-5931.

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  8. What am I giving up if I receive a payment in this case?

    If you receive a payment in this case (whether through automatic payment or after submitting a claim), you will give up your right to sue BPWCP separately about the claims and issues resolved through this class action lawsuit. If you have any questions, you can talk to the law firms listed in Question 21 for free, or you can, of course, talk to your own lawyer if you have questions about what this means.

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Excluding Yourself from this Lawsuit

  1. Am I able to opt out of this action?

    If you did not previously receive a letter about this case, opt out of this lawsuit, or make a claim, you can choose to opt out of this lawsuit. This means that you will be free to individually sue BPWCP about the claims in this case.

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  2. How do I opt out of this action?

    If you are eligible (see Question 14), you can opt out of participating in this lawsuit in one of these ways:

    1. Opt-Out Online: Complete an opt-out form found here.
    2. Opt-Out by Mail:
      • Get an opt-out form here or by calling 1-866-329-5931 and mail it to the Claims Administrator, or
      • Mail a letter stating that you wish to exclude yourself from this lawsuit.

    Letters and completed opt-out forms should be mailed to:

    ARCO/ampm Debit Card Class Action
    P.O. Box 3266
    Portland, OR 97208-3266

    All opt-out requests must be received by September 21, 2015.

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Objections

  1. Can I object in this case?

    You can object in this case if:

    1. You are a Class Member;
    2. You did not previously receive a letter about getting an automatic payment;
    3. You did not previously opt out of this lawsuit; and
    4. You did not previously file a claim in this case.

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  2. What can I object to?

    If eligible (see Question 16), you can object to the notice or claims process. If you now choose to file a claim, you may also file an objection to the attorneys’ fees you are required to pay from your claim in the case (see Question 22).

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  3. How do I object?

    To object, you must submit a letter explaining your objection that includes the following:

    1. Your name, address, and telephone number;
    2. Written evidence establishing that you are a Class Member;
    3. A statement of each objection being made, including the specific reasons for each objection, and any evidence or legal authority to support each objection; and
    4. Any supporting papers, materials, or briefs that you want the Court to consider when reviewing your objection.

    Your objection must be received at each of the following addresses below by September 18, 2015. Objections submitted after this date will not be considered.


    Class Counsel BPWCP’s Counsel Court
    David F. Sugerman
    Attorney, PC
    707 SW Washington St.
    Suite 600
    Portland, OR 97205
    Brad S. Daniels
    Stoel Rives LLP
    900 SW Fifth Ave.
    Suite 2600
    Portland, OR 97204
    Hon. Jerome LaBarre
    Courtroom 702
    Multnomah County Courthouse
    1021 SW Fourth Ave.
    Portland, OR 97204

    You may also object through an attorney hired at your own expense. Your attorney will have to file a “notice of appearance” with the Court by September 18, 2015, and send a copy of the notice and your objection (containing the information listed above) to Class Counsel and BPWCP’s Counsel by September 18, 2015.

    The Court will consider your objections at a hearing scheduled for September 21, 2015. The date for the hearing could change, so please visit this website for the most current information.

    Do not call the Court or any Judge’s office to submit an objection in this case.

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If You Do Nothing

  1. What happens if I do nothing?

    If you are a Class Member and you do nothing:

    If you received a mailed notice and letter stating records show you purchased gas using your debit card: You will automatically receive a payment, subject to the outcome of any appeal as explained above. You already gave up your rights to pursue your own lawsuit about the claims in this case.
    If you filed a claim earlier this year: You will automatically receive a payment, subject to the outcome of any appeal as explained above. You already gave up your rights to pursue your own lawsuit about the claims in this case.
    If you did not previously receive a mailed notice and letter stating records show you purchased gas using your debit card, opt out of this lawsuit, or file a claim: You will not receive a payment. You will give up your right to pursue your own lawsuit about the claims in this case. Your claim will be paid to Oregon Legal Services and an entity (or entities) chosen by the Court (see Question 20).

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  2. What happens to the unclaimed money?

    The Oregon state rule on unclaimed money has recently changed. Any money that is not claimed will be paid to Oregon Legal Services and an entity (or entities) chosen by the Court.

    Class Counsel has proposed a plan to distribute the unclaimed money and an entity (or entities) to receive that money. This proposal is available here. The amount of unclaimed money is not known at this time, but Plaintiffs estimate it to be approximately $67 million.

    The Court has not yet ruled on how the unclaimed money will be distributed but will consider that matter at a hearing on September 21, 2015 (see Question 24).

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The Lawyers Representing the Class

  1. Who represents the Class in this case?

    The Court has appointed the following lawyers as “Class Counsel” to represent Class Members in this case:

    David F. Sugerman
    Attorney, PC
    707 SW Washington St.
    Suite 600
    Portland, OR 97205
    Tim Quenelle
    Attorney, PC
    4248 Galewood St.
    Lake Oswego, OR 97035-2405
    Amy Johnson
    Attorney-at-Law
    5836 SE Madison St.
    Portland, OR 97215

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  2. How will Class Counsel be paid in this case?

    The Court has awarded Class Counsel attorneys’ fees and expenses in the amount of $62,156,352. BPWCP will pay $1,878,492. Class Members will pay the remaining $60,277,860 from the $342,975,000 that the jury awarded them. At an individual level, that means that each of the Class Members will pay approximately $35.15 from the $200 he or she was awarded by the jury.

    The actual amount deducted will depend on the number of claims filed. If additional eligible Class Members file valid claims following this notice, the amount of fees and costs deducted from each claim will be slightly less than $35.15. Click here to see the attorneys’ fees request and the attorneys’ fees award.

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  3. Do I need to get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is required to represent your interests in this case. However, you are free to hire your own lawyer to represent your individual interests at your own expense.

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Court Hearing on Unclaimed Money

  1. Will the Court have a hearing to decide how to allocate the unclaimed money?

    Yes. The Court will consider how the unclaimed money should be allocated at 9:00 a.m. on September 21, 2015, in Courtroom 702 of Judge Jerome LaBarre of the Circuit Court of the State of Oregon for the County of Multnomah located at Multnomah County Courthouse, 1021 SW Fourth Ave., Portland, OR 97204. You are welcome to attend this hearing, but you don’t have to. The hearing may be moved to a different date or time without additional notice and the Court may hold additional hearings to discuss this issue. Please check this website for updates or additional information. You may also contact Class Counsel listed in Question 21.

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Getting More Information

  1. How do I get more information?

    If you have questions or need further information about this case or the claims process, you may write with questions to:

    ARCO/ampm Debit Card Class Action
    P.O. Box 3266
    Portland, OR 97208-3266

    You can call 1-866-329-5931. You may also contact Class Counsel listed in Question 21.

    Do not call or write to the Court or Judge’s office to get more information about this case.

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Reporting Fraud

  1. Whom can I notify if I believe fraudulent claims are being filed?

    Filing a false claim for reimbursement is a criminal offense. If you suspect or know of fraudulent claims being filed, please notify the Claims Administrator immediately using the contact information provided above in Question 25.

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