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Thursday, March 28, 2024

Georgia woman alleges Pilot Flying J wrongly puts holds on credit cards

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OCALA, Florida (Legal Newsline) - A Georgia woman is suing a fuel and travel center company, alleging it exerts holds on consumers' credit cards without their knowledge.

Dorene Ivy, individually and for all others similarly situated, filed a class action lawsuit March 8 in U.S. District Court for the Middle District of Florida Ocala Division against Pilot Corporation and Pilot Travel Center LLC, doing business as Pilot Flying J, alleging violations of deceptive and unfair trade practices acts in several states, breach of implied-in-fact contract, breach of implied-in-law contract/unjust enrichment and fraudulent concealment.

The suit alleges when Ivy swiped her American Express Card at a "pay-at-the-pump" machine at a Pilot Travel Center in Ocala, as her card was being authorized, Pilot was dictating the amount of a hold on her American Express accounts for a substantially larger sum than the amount of her purchase.

The complaint states Pilot exerts the credit holds to secure full payment for fuel purchases using American Express cards but the consumer has no knowledge of and has not consented to these holds, which are routinely greater than the total cost of the fuel actually purchased.

Ivy and others in the class seek damages, injunctive relief, interests, costs of the suit and attorney fees. They are represented by attorney Philip N. Hammersley of Norton Hammersley Lopez & Skokos in Sarasota, Florida, Gordon Ball in Knoxville, Tennessee, and Thomas C. Jessee of Jessee & Jessee in Johnson City, Tennessee.

 U.S. District Court for the Middle District of Florida Ocala Division Case number 5:16-CV-00123-MMH-PRL

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