If You Purchased Gasoline from a Valero Station in the State of California and Paid with a Debit Card, a Class Action Settlement May Affect Your Rights
Nov 25, 2020 3:15 PM ET
Legal Newswire POWERED BY LAW.COM
A proposed class action settlement has been reached with Valero Marketing and Supply Company ("Valero") in a case claiming that Valero engaged in deceptive and unfair conduct in violation of California law by failing to ensure that customers are notified that debit card purchases of gasoline are charged a higher "credit" price, rather than an available lower "cash" price. The lawsuit is known as Bautista v. Valero Marketing and Supply Company, Case No. 3:15-cv-05557-RS. Valero denies these allegations and there has been no finding of liability against Valero. Valero has agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the case.
WHO IS IN THE SETTLEMENT CLASS?
You need to decide whether you are affected by this Settlement. The Court-certified Settlement Class is defined as "All persons who, between December 3, 2011 and the date of preliminary approval, purchased gasoline using a debit card at a Valero-branded station in California that advertised a 'cash' price and 'credit' price on Relevant Valero-Branded Signage but the Relevant Valero-Branded Signage did not affirmatively disclose how gasoline purchased with a debit card was priced, and were charged more money per gallon than the advertised 'cash' price."
WHAT DOES THE SETTLEMENT PROVIDE?
Valero has agreed to implement certain modifications to signage available for use by Valero-branded stations in California and its signage policies to further inform consumers how their debit cards will be charged at Valero-branded stations. For details on the modifications Valero has agreed to, visit www.GasolineSignageSettlement.com or call 1-888-905-0604.
YOUR RIGHTS AND OPTIONS
Do Nothing: By doing nothing, you are staying in the Settlement Class, and you will automatically receive the benefits of the Settlement in the form of signage and policy modifications. But you will lose the ability to file or continue your own lawsuit for monetary damages or other relief against Valero based on the claims that are a part of this Settlement.
Ask To Be Excluded: If you exclude yourself from the Settlement Class you still receive the benefit of the Settlement in the form of signage and policy modifications. However, you may then be able to sue, or continue to sue, Valero regarding the advertising of "cash" and "credit" prices and failure to disclose a "debit" price, to the extent such claims are not time-barred. To ask to be excluded, you must send an "Exclusion Request" by mail stating that you want to be excluded. You must mail your Exclusion Request postmarked by February 18, 2021. For more information on how to exclude yourself visit www.GasolineSignageSettlement.com.
Object to the Settlement: If you do not exclude yourself from the Settlement Class, you can object to the Settlement, Class Counsel's request for attorneys' fees and expenses, and for a service award and reimbursement of out-of-pocket expenses for the Settlement Class Representative. Objections must be filed or postmarked on or before the February 18, 2021. For more information on how to object visit www.GasolineSignageSettlement.com.
Should I Hire An Attorney? You do not need to hire your own attorney because Court-appointed Class Counsel is working on your behalf. If you retain an individual attorney, you will need to pay for that attorney.
Final Approval Hearing: The Court will hold the Final Approval Hearing on March 11, 2021 at 1:30 p.m. You can go to this hearing, but you do not have to. The Court will hear any objections, determine if the Settlement is fair, and consider Settlement Class Counsel's request for attorneys' fees and expenses, and for a service award and reimbursement of out-of-pocket expenses for the Settlement Class Representative.
HOW DO I GET MORE INFORMATION?
This Notice is only a summary. For more information, including the Settlement Agreement and other legal documents, visit www.GasolineSignageSettlement.com or contact the administrator at 1-888-905-0604.
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