Scharfstein v. BP West Coast Products, LLC

Under ORS 646.608(1)(u), the Attorney General has rulemaking authority for protecting consumers from “any other unfair or deceptive conduct in trade or commerce.” BP West Coast Products, LLP v. Dept. of Justice, 284 Or App 723, 725, 396 P3d 244, rev den, 361 Or 800 (2017).

Defendant appealed the trial court’s judgment awarding plaintiffs $409,300,000 in statutory damages after Defendant set a 35-cent fee for all debit or credit card purchases at any of its gas stations. Defendant assigned error to provisions in OAR 137-020-0150, the Gasoline Price Advertising Rule. On appeal, defendant argued that flat fees are not covered by the rule and as a result, the additional charges for credit and debit card purchases did not violate the rule. Under ORS 646.608(1)(u), the Attorney General has rulemaking authority for protecting consumers from “any other unfair or deceptive conduct in trade or commerce.” BP West Coast Products, LLP v. Dept. of Justice, 284 Or App 723, 725, 396 P3d 244, rev den, 361 Or 800 (2017). The Court of Appeals held that the attorney general had the authority to determine that defendant’s credit and debit fee violated in OAR 137-020-0150.