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FTC again files complaint against fuel card provider FleetCor

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Trucking news and briefs for Monday, Aug. 16, 2021:

The Federal Trade Commission has filed an administrative complaint against FleetCor and its CEO, Ronald Clarke, for charging customers “hundreds of millions of dollars in mystery fees associated with fuel cards.” FleetCor is the parent company for several fuel card service and payment solution providers.

According to FTC, FleetCor, marketing under the “Fuelman” brand name and through co-branded cards with businesses around the country, falsely told its business customers that they would save money, be protected from unauthorized charges, and have no set-up, transaction, or membership fees. FTC alleges that, in reality, and according to FleetCor’s own records, customers generally have not achieved the advertised per-gallon savings by using FleetCor’s cards.

The FTC filed suit in federal court against FleetCor and Clarke in December 2019, alleging that they charged hundreds of millions of dollars in hidden and undisclosed fees to their customers after making false promises they could save customers on their fuel costs. However, in a ruling earlier this year, the Supreme Court determined that the FTC was not able to seek redress for consumers under section 13(b) of the FTC Act. In an effort to ensure that the agency’s case against the fuel card marketer is still able to recover money lost by consumers, the FTC has filed a new administrative complaint which alleges that FleetCor and Clarke violated section 5 of the FTC Act.

“FleetCor fleeced its customers out of hundreds of millions of dollars through its dishonest practices,” said Samuel Levine, Acting Director of the FTC’s Bureau of Consumer Protection. “The FTC will do everything it can to get money back to FleetCor’s business customers and unsuspecting fuel card users by refiling this complaint administratively. We will also continue to work with Congress on a broader legislative solution following the Supreme Court’s decision in AMG, which has hindered our ability to recover redress for families and honest businesses.”

Legislation introduced by Rep. Rodney Davis (R-Illinois) would establish a Department of Energy voucher program to help fleets in purchasing and installing fuel-saving, emission-reducing technologies.