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SCHARFSTEIN v. BP WEST COAST PRODUCTS, LLC

A162289.

423 P.3d 757 (2018)

292 Or. App. 69

Steven SCHARFSTEIN, individually and on behalf of all other similarly situated persons, Plaintiff-Respondent, and Oregon State Bar and Oregon Community Foundation, Respondents, v. BP WEST COAST PRODUCTS, LLC, a Delaware limited liability company, Defendant-Appellant.

Court of Appeals of Oregon.

May 31, 2018.

Attorney(s) appearing for the Case

William F. Gary , Eugene, argued the cause for appellant. With him on the briefs were Sharon A. Rudnick , Susan Marmaduke , Nathan R. Morales, and Harrang Long Gary Rudnick P.C.

W. Eugene Hallman , Pendleton, argued the cause for respondent Steven Scharfstein. With him on the brief were David F. Sugerman , Tim Alan Quenelle , Amy Johnson , Joshua Ross and Hallman Law Office.

No appearance for respondents Oregon State Bar and Oregon Community Foundation.

Jill Gibson and Gibson Law Firm, LLC; Doug Kantor , Kate Jensen , and Steptoe & Johnson LLP, filed the brief amicus curiae for National Association of Convenience Stores.

Janet M. Schroer and Hart Wagner LLP filed the brief amicus curiae for Associated Oregon Industries.

Robert M. McKenna , Washington, Daniel J. Dunne and Orrick, Herrington & Sutcliffe LLP filed the brief amicus curiae for The Chamber of Commerce of the United States of America and National Association of Manufacturers.

Before Tookey, Presiding Judge, and DeVore, Judge, and Linder, Senior Judge.

In this class action, plaintiff, Steven Scharfstein, alleged that defendant, BP West Coast Products, LLC (BP), violated the Unlawful Trade Practices Act (UTPA) and the Gasoline Price Advertising Rule by illegally assessing and collecting debit card fees from millions of Oregon consumers.1 Specifically, plaintiff...

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