SAN FRANCISCO (Legal Newsline) – A California resident is suing an international petrochemical products and power company because she claims its gas stations charge debit cards the higher credit price rather than the lower advertised cash price for gas.
Faith Bautista, individually and for all others similarly situated, filed a class action lawsuit Dec. 4 in the San Francisco Division of the Northern District of California against Valero Energy Corp., CST Brands, Valero Marketing and Supply Co., and CST Marketing and Supply Co., alleging violations of the California Legal Remedies Act, breach of contract, false advertising, and fraudulent, unfair, and/or unlawful business practices.
Valero and its subsidiary, CST Brands, operate transportation fuels retailers using the Valero, Diamond Shamrock, Shamrock, Beacon, Ultramar, and Texaco brands.
Valero-branded gas stations, the suit states, generally advertise two different gas prices: a "credit" price for purchases made with a credit card, and a lower "cash" price for purchases made with cash.
However, when Bautista and other members of the class paid for their gas with a debit card, which the suit states is equivalent to cash, Valero gas stations charged them the higher credit price rather than the lower cash price.
The suit claims the defendants' practice of advertising a lower cash price but charging debit cards the higher credit price is misleading.
Bautista and others in the class seek punitive damages, restitution and disgorgement of defendants' revenues, declaratory and injunctive relief, interests, and attorney fees and costs. They are represented by attorneys Rafael Bernardino Jr. and Jason A. Hobson of Hobson Bernardino & Davis in Los Angeles, and by attorneys Patrick W. Daniels, Stuart A. Davidson, Mark J. Dearman, Christopher C. Martins, and Roxana Pierce of Robbins Geller Rudman & Dowd in San Diego, Boca Raton, Florida, and Washington, D.C.
San Francisco Division of the Northern District of California Case number 3:15-CV-05557-EDL