In February 2013, the FBI filed an investigative affidavit that implicated Pilot Flying J, which owns the largest truck stop chain in the country, in a scheme to defraud customers by selling them discounted fuel if they met certain requirements. In reality, the FBI alleged, Pilot Flying J overcharged customers for fuel, or never gave the discounts they were supposed to.
The FBI’s investigation apparently revealed that taped calls discussed millions of dollars that were cyphoned from customers on each occassion. Several class actions have now been filed in various states alleging damages in the tens or hundreds of millions of dollars.
Pilot Flying J has now decided to attempt to contact customers and settle out of court with them in the hopes of avoiding more litigation. Trucking Companies should beware that offers of settlement will likely be tied to broad releases of liability and gag provisions, while forcing trucking companies to forgo a meaningful opportunity to invesitgate and calculate their damages (otherwise, it’s just like litigation).