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Truckers and motorists from around the country seek class action status in a lawsuit they have filed against 17 oil companies claiming the companies have committed billions of dollars in consumer fraud.
The lawsuit, filed in San Francisco U.S. District Court, claims that the oil companies sold hot fuel – which carries less energy per gallon than fuel at the standard 60 degree temperature – and did not compensate the buyers.
The lawsuit aims to force the oil companies to return the alleged overcharges to consumers, and also seeks to require the installation of equipment at fuel pumps to compensate for temperature differences.
The Owner-Operator Independent Drivers Association is not a plaintiff in the case, but it does strongly support the legal move. OOIDA project leader John Seibert helped the OOIDA members collect data on fuel costs and temperatures, which led to news of the matter spreading in the media.
What is this costing motorists?
Seibert said the sale of hot, expanded fuel costs consumers more than $2 billion per year. He warned that the higher the temperature of the fuel, the bigger the rip-off.
“Hot fuel is motor fuel sold in the U.S. at a temperature above the scentury-old national standard of 60 degrees,” Siebert's research said. “At hotter temperatures, fuel expands, reducing the energy content in a gallon.”
And this is only part of the problem for consumers, Siebert says. “First they receive less fuel than they have paid for. Second, they are paying prices that are already too high. This has enabled oil companies to make record profits and has led to outrages such as the record $400 million retirement package last year for Exxon's former CEO.”
These companies are also benefiting from a sort of tax loophole. The companies pay taxes on the fuel when it is measured and bought at wholesale. By the time it gets to the pump in its heated state, it has expanded and as a result, motorists pay more in taxes. Even worse, the taxes don't go to help improve roadways, they go straight into retailers' and distributors' pockets.
One of the plaintiffs, Mark Rushing, owner-operator truck driver and member of the OOIDA, said “We're here not only representing the American truck driver, but every American consumer and we want to get the energy in our vehicles that we thought we had been paying for.”
Victim of consumer fraud? Please contact us today for a free consultation with a qualified and experienced consumer fraud lawyer who may be able to help you recover compensation for your losses.
Consumer fraud class action lawsuits are specifically designed to help individuals who have been similarly aggrieved to pursue a common goal – namely to hold the deceptive business accountable for any damages suffered. Thus, consumers who have been defrauded by a corporation or other entity may file a consumer fraud class action lawsuit on behalf of themselves and others to seek compensation for their shared grievance.
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