Bautista v. Valero Marketing and Supply Company

IF YOU PURCHASED GASOLINE FROM A VALERO STATION IN THE STATE OF CALIFORNIA AND PAID WITH A DEBIT CARD, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

A proposed class action settlement has been reached in an action against Valero Marketing and Supply Company (“Valero”), which claims that certain Valero-branded stations in California advertise a higher “credit” price and a lower “cash” price for gasoline in a manner that is deceptive and misleading under California law because some of those stations charge the higher “credit” price on debit card purchases without notifying customers. Valero denies these allegations and there has been no finding of liability against Valero. Valero has agreed to the Settlement to avoid the uncertainties and expenses associated with continuing the case.

You are a Settlement Class Member if you purchased gasoline between December 3, 2011 and November 5, 2020 using a debit card at a Valero-branded station in California that advertised a “cash” price and “credit” price on Valero-Branded Signage but such signage did not affirmatively disclose how gasoline purchased with a debit card was priced, and you were charged more money per gallon than the advertised “cash” price.

If you are a Class Member, your legal rights are affected whether you act or don’t act. Read this website carefully.

Your Legal Rights and Options in This Lawsuit

Do Nothing	If you do nothing, then you will automatically receive benefits under this Settlement in the form of Valero’s signage and policy modifications that are further described on this website. You will also give up your right to sue Valero and certain related entities and individuals regarding any claims that are part of or related to the Settlement, e.g., regarding Valero-Branded Signage at Valero-branded California stations.
Object	Write to the Court about why you do not like something about the Settlement no later than February 18, 2021.
Ask To Be Excluded From the Class	If you exclude yourself or “opt out “of the Settlement, then you will keep whatever right you may have to sue Valero and certain related entities and individuals regarding any claims that are part of or related to the Settlement (subject to any defenses Valero may have, including that such action is time barred). You must seek to exclude yourself from the Settlement no later than February 18, 2021.
Attend a hearing on March 11, 2021	Ask to speak in Court about your opinion of the Settlement and/or the requests for attorneys’ fees, expenses, and Class Representative incentive award. Requests to speak must be received by the Court and counsel for the Parties no later than February 18, 2021.

There is no need to submit a claim form. This Settlement provides benefits in the form of signage and policy modifications that are further detailed in FAQ 8. If you do nothing, then you will automatically receive the benefits of this Settlement. If you wish to pursue an action for monetary damages or other relief against Valero based on the claims that are a part of this Settlement, then you must exclude yourself from the Class.

These rights and options—and the deadlines to exercise them—are explained on this website.

The Court in charge of this litigation still has to decide whether to approve the Settlement. Please be patient.