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Portland lawyer David Sugerman said that through its franchisees, BP charged the fee when it shouldn't have and also failed to inform customers until the gas was pumped and it was time to pay, according to The Oregonian.
Sugerman filed the class-action lawsuit in Multnomah County Circuit Court.
"Based on information we've reviewed, the number of consumers [affected] is in the millions statewide -- millions of customers and millions and millions of transactions," Sugerman said. The suit applies to all Oregon consumers who bought gas with a debit card and were charged 35 cents at an ARCO station or ampm mini-market between Jan. 1, 2011 and Aug. 31, 2013.
The news outlet could not reach BP representatives for comment.
Consumers who want to be removed from the class must submit an opt-out form online or written letter by Jan. 10. Consumers who want to be included in the suit don't have to do anything, according to the report.
The suit is scheduled to go to trial on Jan. 14, Sugerman said.