Love’s Customers Who Buy Premium Gas Receive Some Regular Mixed In, Class Action Claims

Jun 24, 2023

by Corrado Rizzi

Filed: May 26, 2023 ◆§ 2:23-cv-00030

A class action says the single-nozzle fuel dispensers at Love's gas stations have caused many cars that use premium to receive a residual amount of regular gas while refueling.

Love's Travel Stops & Country Stores, Inc.

Tennessee

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A proposed class action alleges the single-nozzle fuel dispensing system at Love's Travel Stops & Country Stores has caused many vehicles that use premium gasoline to receive a residual amount of regular-grade gas while refueling.

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The 22-page case says more specifically that when a consumer selects the premium option at Love's gas stations after a previous customer bought lower-grade fuel from the same nozzle, the first gallon of gas pumped into their car contains "a significant amount of lower-grade motor fuel."

The reason for this, the suit claims, is that the single-nozzle system utilized by Love's "pumps a residual amount of motor fuel – typically one third of a gallon" into the first gallon of ostensibly higher-grade gas pumped into the car of a customer who's paid for premium.

"Given that approximately seventy percent (70%) of cars require regular motor fuel … Premium Customers regularly paid the premium price for the first gallon of motor fuel for which they did not receive a gallon of premium motor fuel in return," the complaint summarizes.

The lawsuit alleges that Love's, which owns and operates more than 600 gas stations across 42 states, has known for years that it has been selling regular or mid-grade gas for the price of premium at the expense of consumers. The case contends that Love's could easily refund consumers as no federal, state or local statutes prevent it from doing so.

The plaintiff, a Tennessee resident, says that when he bought 4.754 gallons of premium gas on a visit to a Love's, the first gallon of fuel contained "a significant amount of lower-priced, lower-grade motor fuel" left over in the dispensing nozzle from the previous customer.

"Love's has made a business decision to retain the overcharge as a profit as opposed to refunding the same to Premium Customers," the case claims.

The lawsuit looks to represent consumers in Tennessee, Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming who paid Love's using a credit or debit card to fill their cars with premium gas and the prior customer using the same single-nozzle fuel dispensing system purchased regular or mid-grade fuel.

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Corrado Rizzi is the Senior Managing Editor of ClassAction.org.

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