A nationwide sweep of individual vehicle owners and drivers have joined together in a large class action lawsuit against popular discount retail chain Dollar General Oil. Several former employees have brought claims against Dollar General in different states. The complaint asserts that Dollar General violated a contractual agreement with prospective franchisees by failing to meet certain performance standards in its gas-to-gas program.
In addition, the company is accused of failing to make necessary repairs to one of its major oil refineries, which has led to substantial customer refunds. Some of the claims are being pursued through claims of breach of contract and consumer fraud.
Dollar General Oil lawsuit
According to the plaintiffs’ attorney, the complaint was filed in February by a group of Dollar General employees who claim that the company repeatedly violated federal oil consumption guidelines set forth in the Energy Policy Act (EPA). Among the violations cited in the complaint are the following: the company did not provide enough training for its drivers regarding the EPA regulations; it did not instruct its drivers to use only motor oil when changing their vehicles’ oil; it did not provide adequate notice to its drivers regarding the necessity of an oil change; it failed to instruct its drivers to fill their vehicles’ gas tank only after the engine has started; and it did not instruct its drivers to “use caution” when changing their vehicles’ oil.
Other claims have also been filed by the attorney general of North Carolina, as well as by representatives of the North Carolina Department of Revenue. Additionally, a number of local environmental groups have filed similar complaints against Dollar General, regarding the company’s disregard for the environment.
On February, however, the U.S. secretary of state, Rex Tillerson, temporarily lifted the suspension of the program.
It was temporarily withdrawn in March due to lack of evidence that it would have an adverse affect on the nation’s economy. In a letter addressed to secretaries of state, all fifty U.S. states expressed “unevenness” towards the defendant’s claims. They requested that the United States Department of Transportation to maintain the current standards in place for motor oils. Secretary of State Hilary Clinton stated that the move is needed due to the fact that the government is currently reviewing the enforcement of the aforementioned emissions standards.
Plaintiffs now plan to file a complaint in district court against defendant Dollar General, contending that the policy lacks any enforcement mechanism and is void.
Plaintiffs additionally filed a complaint in the name of Green Country, an environmental organization. This complaint asserts that the policy and its enforcement are arbitrary and capricious, as defendants have provided no notice as to the requirements for maintaining motor oils in trucks. Plaintiffs additionally filed a complaint in the name of the North Carolina Department of Revenue, complaining that the statute as well as the policy fail to give rise to any enforceable minimum requirement. These suits are still pending.
If you live in Dade County Florida, or if you are a resident of Florida and have been injured through the use of a Dow Chemical product, you may be able to recover damages.
Plaintiffs’ attorney in the case of Green Country Petroleum Corporation are expected to file a complaint in the Third District Court of Appeal on behalf of the consumers. The consumers will seek damages for personal injury and medical expenses resulting from exposure to oil, hydrocarbons, diesel and other petroleum products at the Whiting City, Ohio plant. A class action lawsuit filed on behalf of the residents of Florida is also expected. In this case, plaintiffs will ask a judge to order Dow Chemical and other manufacturers of petroleum-based products to pay punitive damages to victims of their negligence.
The plaintiffs, who filed the initial complaint in the U.S. district court are asking the court to temporarily halt the current illegal conduct of the corporation until its court case is resolved.
A hearing on the motion to dismiss is expected in the near future. A class action lawsuit has also been filed in the name of the Florida residents, and that lawsuit is expected to be filed in the near future as well.
