NASHVILLE, Tenn.--(BUSINESS WIRE)--Elizabeth A. Alexander of the Nashville office of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, and Charles Barrett of Charles Barrett, P.C., announced today that a comprehensive, nationwide settlement has been reached with Pilot Flying J and other defendants in the class action litigation charging that Pilot operated a fraudulent rebate scheme on the purchases of diesel fuel.
The settlement provides that Pilot and class members will each retain Court-approved independent accountants to determine, based on Pilot’s books, the amount commercial customers should be paid to make up for rebates and discounts that they were owed. Those customers who did not receive the proper rebate or discount will receive a payment of the full amount that they were owed plus 6% interest.
Truck owner operator Paul Otto, who brought suit against Pilot in federal court in Nashville on behalf of himself and a nationwide class of Pilot’s commercial customers, stated that he was “very pleased” with the terms of settlement and the fact that “Pilot is trying to make things right with its customers.”
“Pilot’s commercial customers will get every penny they are owed,” Ms. Alexander stated. “Because the settlement provides for independent accountant review and an additional interest payment, there will be no lingering questions as to the accuracy of the payment amounts.”
"We are pleased that Mr. Haslam and Pilot stepped up and did the right thing for their customers," stated Mr. Barrett.
Pilot Flying J is the nation’s largest seller of over-the-road diesel fuel in the U.S. Over 3,300 trucking companies purchase diesel fuel from Pilot Flying J, and its revenues in 2012 exceeded $29 billion.
The settlement provides compensation to all persons and entities in the United States who purchased over the road diesel fuel for commercial use in Class 7 and Class 8 vehicles (as Class 7 and Class 8 are defined by the United States Department of Transportation) from Pilot Corporation pursuant to a diesel fuel rebate program or discount over the past five years. Notice of the settlement and the date on which the Court will conduct a final review of the fairness and reasonableness of the settlement will be provided to class members.