Pilot hit with two more lawsuits in rebate withholding case

Updated Jun 24, 2013

Two more class-action lawsuits have been filed against truck stop chain Pilot Flying J as an Ohio-based fleet and a law firm are the latest parties to take legal action against the company over federal accusations that it intentionally withheld fuel rebates from carriers over at least a seven-year period.

Ohio Auto Delivery, based in Grove City, Ohio, filed a suit June 3 against Pilot claiming it was one of the fleets Pilot withheld rebates from. It uses conversations and information detailed in a federal affidavit unsealed April 18 as evidence. The affidavit was used by the FBI to obtain a search warrant to raid Pilot’s headquarters to obtain documents April 15.

Like the other 10 or so lawsuits filed against Pilot since mid-April, OAD is suing for breach of contract, violation of deceptive trade practices laws, unjust enrichment, common-law fraud and fraudulent concealment. It’s seeking “actual and consequential damages,” attorney’s fees and that Pilot pay restitution to it and other Ohio-based class members. It’s seeking a jury trial.

Click here to see the lawsuit documents filed in federal court in Ohio. 

The other lawsuit has been filed by law firm Lieff Cabraser on behalf of an unnamed owner-operator. The firm, according to an announcement on its website, says it is seeking for its client compensatory and punitive damages and an injunction against Pilot barring it from continuing to withhold rebates.

It is a class-action lawsuit, too, and says it is being filed on behalf of anyone who bought fuel through Pilot’s rebate or discount program since Jan. 1, 2005.