Pilot Flying J customers have until October 15 to opt out of settlement


Every customer of Pilot Flying J that had money essentially stolen from it over the past eight-plus years will have its legal rights lumped in with the settlement of a class action filed earlier this year in Arkansas — unless the customers raise a hand and says, “I’m out.”

A website detailing the settlement that was approved by a federal judge last week contains a link to a notice explaining (via 31 questions and answers) the rights of every customer of the company run by Browns owner Jimmy Haslam.  If the customers don’t opt out of the settlement by October 15, 2013, they’ll be stuck with whatever they get from the nationwide settlement.

And what they get from the nationwide settlement may not be much more than what they’ve already received.  The formula consists of all unpaid rebates and discounts (as defined in the documents) from January 1, 2005 through July 15, 2013 plus six percent simple interest and minus any payments previously made by Pilot Flying J under its “Voluntary Payment Program.”

Customers can either exit the settlement or challenge it.  A fairness hearing on the settlement will be held on November 25.

The problem, as a practical matter, is that the judge already has decided that he believes the settlement is fair.  It will take some convincing and/or new information to get him to throw it out.

That’s why the best approach for any customers who believe that their legal rights extend beyond compensation plus interest would be to opt out and sue on their own.  The problem, however, is that the customers may lack the sophistication to realize that they have rights to other damages beyond getting the money that was essentially stolen from them.  Which sort of got them into this problem in the first place, given that the company allegedly preyed on customers deemed to be too estupid to realize they were getting screwed.

Indeed, the named plaintiff in the case that sparked the settlement — National Trucking Financial Reclamation Services, LLC — reportedly is a company that has bought up the rights up multiple Pilot Flying J customers, possibly at pennies (or close to it) on the dollar.  For that specific entity, a settlement that pays out 100 cents on the dollar plus interest of the money that essentially was stolen will be a windfall.

But it may not be justice, especially if as the settlement notice suggests the scam began in 2005.

7 responses to “Pilot Flying J customers have until October 15 to opt out of settlement

  1. Wish somebody would explain how this civil lawsuit settlement affects the FBI investigation and possible criminal charges.

  2. This is a very bad deal for the truckers.. Pilot think truckers are stupid and it s not because they going to give back peanuts that the monkey wont be off their back …All that money they will give out will end up been written off their TAXES and cost them nothing … They trying to avoid the true cost of the fraud and still defraud customers by jacking up prices in some location if you look at daily OPIS index “taking from Paul to pay Bill ”
    a true audit and purchase paid by all pay method should be included not only the one paid by Pilot own TCH card ..It is very upsetting to see Pilot pretending to do it right for truckers when in fact its only a masquerade . Why may I as ” the media will post article of this case in Sport section and CNN did not mention or done any story on this as yet … The Media has been silence by a few trying to silence this case in hope a very few across USA and Canada ear this and shaft this rotten deal and go on as business as usual
    w w w pilot flying j class action com

  3. Justice is only served if every attorney involved makes out like a bandit. Remember, the lawyers believe that justice is for “just us.”

  4. I am going to explain .. Price at pump “point of sale” is listed on OPIS index .. A truck will burn 150 Gal a day … the OPIS index ” margin of profit ” is normally 12 to 22 cents per Gal .. Let say trucker get 5 cents discount per Gal …
    But at some location Index is 42 cents per Gal then truckers get over charged 20 Cents then it cost them a extra 15 cents and with previous pump it cost them 10 cents per gal extra … then via the route the truck is on the Index fluctuate … Rebate is not volume/rebate it is point of sale cost …Since we need to look at from 2005 it will be certain Pilot will just pretend to Audit

  5. atilla7: I would encourage you to keep commenting on this – you seem to know a heck of a lot more on this topic than I ever will. Very interesting.

  6. Thank You Mr. Arnold Ziffel

    if you need to know more about this case you can visit my web page I have posted on one of my comment .. Some of you need to realize that the price the truckers pay for diesel is pass on to you at the store …milk ..beer ..chips and hotdog and burgers. when you sit down watching them sport game you expect 4 quarter then what if they give you 3 then you be asking for a refund or be really upset …. now .why is it that trucker are less important then you and they the one that bring you that beer and stuff you like ..trucker are the foundation of all consumer good .. I advise you respect them truckers and support them

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