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$5 million lawsuit over $12 car wash

6t7gto

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Amy Johnson of Minneapolis bought a $12 carwash voucher in November from Calhoun Beach Automotive, a BP gas station in the Uptown area of Minneapolis, but found the line too long to wait in. So she stashed the receipt, which had a code that would let her enter the automated carwash and that expired in 30 days.

When she returned 37 days later, the code wouldn't grant her access. She thought that was unfair and is suing BP.

Johnson just wants her $12 back, but her lawyer, Shawn Wanta, said this kind of situation has happened to so many Minnesota consumers that it merits a class-action suit asking for damages of more than $5 million. That's what the law firm figures is the minimum value of carwash certificates since February 2008.

Wanta laid out these reasons in a lawsuit filed Friday before the U.S. District Court in the District of Minnesota:

-- Federal law prohibits the sale of gift certificates with an expiration date less than five years after the date of issuance.

-- Minnesota state law prohibits the sale of gift certificates with an expiration date of any kind.

-- Wanta estimates customers across the country have experienced this hundreds of thousands of times while BP gets money for doing absolutely nothing but irritating its customers.

BP, which operates in 80 countries and had $300 billion in sales last year, did not respond to the Watchdog's requests for this story.
 

rph9168

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Leave it to a lawyer to pursue this. I wonder how he wiil prove the the actual amount of expired codes?
 

robert roman

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I should have pursued a career as a profitable class action troll, but I have to look at myself in the mirror each morning.

BP could settle via arbitration by just honoring the vouchers. How many people will actually redeem and the expense could be quite small, whatever BP’s average per unit cost happens to be.

If this goes to court, the likely settlement will be like a slap on the wrist because any harm caused to individual consumers has been quite small.

This is almost frivolous as compared to malpractice, bad medicine, auto safety issues and other typical class actions.

In arbitration or court, consumers will get fractions, troll attorney will get fat fee.
 

PaulLovesJamie

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since when does "receipt" equal "gift certificate"?

Perhaps we - and by "we" I mean all of humanity - should file a class action suit against this lawyer for all of the pain and suffering his type creates out of thin air.
 

pitzerwm

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Management should know about these laws, especially in "their" states. The lawyer only needs to convince the judge, then you either sign up or you aren't going to get any money. Sad thing is that the lawyers will get $3M and the lady will get a check for $25 which she probably won't even bother to cash.
 

Indiana Wash

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Wow, sour grapes. Some attorney is preventing BP from defrauding customers. You guys complain! Poor BP, oil prices are going down but gas prices are way up. Poor BP. How dare anyone punish them for defrauding customers.
 

rph9168

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How is this defrauding? She bought the wash and it had a 30 day code which she did not use. Ever look at so called gift cards? They charge finance charges after a certain period and eventually take all the money back if not used. Some even have expiration dates. This is not a BP issue. It could affect all washes that presell washes.
 

Indiana Wash

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How is this defrauding? She bought the wash and it had a 30 day code which she did not use. Ever look at so called gift cards? They charge finance charges after a certain period and eventually take all the money back if not used. Some even have expiration dates. This is not a BP issue. It could affect all washes that presell washes.
I think the allegation is that Minnesota law prevents such actions. If that is the case, then it is a sale in violation of Minnesota law.

I think you are comparing apples with oranges with gift cards.

I just think that it is funny that people are defending the big bad oil conglomerate that is allegedly committing fraud and attacking the person who is helping the accuser.
 

rph9168

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Not defending oil companies at all. I am concerned about the effect on preselling washes. The woman had 30 days to use the wash code and because she neglected to do so it is the company's fault. For some reason many people in this country do not believe they are accountable for their own actions.

I think the comparison between gift cards and a coded wash are valid. Both are purchased in advance. Both are for future services or goods. Both have a penalty if not used within a specific length of time.
 

Indiana Wash

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Not defending oil companies at all. I am concerned about the effect on preselling washes. The woman had 30 days to use the wash code and because she neglected to do so it is the company's fault. For some reason many people in this country do not believe they are accountable for their own actions.

I think the comparison between gift cards and a coded wash are valid. Both are purchased in advance. Both are for future services or goods. Both have a penalty if not used within a specific length of time.
So, did she know the coupon was good for 30 days only when she bought it? Did the clerk inform her? Was there a sign? Or did she buy the coupon then notice at the bottom that it said it was that it was only good for 30 days.

How would you feel if you bought something as a gift, maybe to be given to someone a week or two later, then found out it expired before the recipient was able to use it.

It think you are all reading a lot of details into the situation that may or may not exist. I guess its because BP is so popular!
 

rph9168

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You seem to be reading a lot more into it than I am.

She bought the ticket. It expired. Case closed.
 

MEP001

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pitzerwm said:
Sad thing is that the lawyers will get $3M and the lady will get a check for $25 which she probably won't even bother to cash.
Or the check will say "Void if not cashed within 30 days," but because of the long line at the teller she'll wait 37 days and then sue the bank for $50 million for her inconvenience.
 

Indiana Wash

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Or the check will say "Void if not cashed within 30 days," but because of the long line at the teller she'll wait 37 days and then sue the bank for $50 million for her inconvenience.
So its ok if after you buy it, they tell you that it will expire soon even if that is against state and federal law??? Wow!
 

MEP001

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Indiana Wash said:
So its ok if after you buy it, they tell you that it will expire soon even if that is against state and federal law??? Wow!
I didn't say anything is "ok."
 
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