Santa Clara, CA: Pilot Corporation and Pilot Travel Center LLC, doing business as Pilot Flying J, is facing an unfair business practices class action lawsuit over allegations that it places holds on consumers' credit cards without their knowledge.
Filed by Dorene Ivy, individually and for all others similarly situated, the lawsuit contends that when Ivy swiped her American Express Card at a "pay-at-the-pump" machine at a Pilot Travel Center in Ocala, as her card was being authorized, Pilot was dictating the amount of a hold on her American Express accounts for a much larger sum than the amount of her purchase.
Further, Ivy claims that Pilot exerts the credit holds to secure full payment for fuel purchases using American Express cards but the consumer has no knowledge of and has not consented to these holds, which are routinely greater than the total cost of the fuel actually purchased.
The suit claims deceptive and unfair trade practices acts in several states, breach of implied-in-fact contract, breach of implied-in-law contract/unjust enrichment and fraudulent concealment.
Ivy and others in the class are represented by attorney Philip N. Hammersley of Norton Hammersley Lopez & Skokos in Sarasota, Florida, Gordon Ball in Knoxville, Tennessee, and Thomas C. Jessee of Jessee & Jessee in Johnson City, Tennessee. The suit is US District Court for the Middle District of Florida Ocala Division Case number 5:16-CV-00123-MMH-PRL
