NEW YORK, June 7, 1999 -- Class action lawsuits charge that Goodyear and Texaco auto service centers have illegally charged consumers for disposing of used oil. Each suit seeks $1 million in punitive damages, payment of actual and compensatory damages and fees. New York prohibits charging a separate fee for oil disposal, as do many other states and localities.
In the Goodyear case, Lyndon Snyder charged that, in response to a newspaper ad promoting a $16.95 oil change, he took his car to a Goodyear service center in Levittown, Long Island. In addition to the $16.95, Snyder was charged $1 for "recyclable fluids disposal fee." Sales tax was calculated on the total, $17.95.
Snyder charges that besides violating the New York State law against charging for recycling fluids, Goodyear's advertising was deceptive.
In the Texaco case, Frank Sutton took his car to a Texaco Xpress Lube in East Meadow, Long Island, after seeing newspaper ads and receiving a postcard promoting its oil change services. The ads noted that "environmental oil surcharges may apply in some areas."
Sutton was charged $26.99 for the oil change. His bill also included a 25-cent "environmental surcharge" and sales tax computed on the entire amount.
A placemat on the counter said that environmental wastes were handled by Safety Kleen, "the world's largest recycler of waste fluids."
"Through Safety Kleen, we help conserve natural resources and hep keep our environment clean. If you do not wish to participate, this voluntary fee will be removed from your bill," the placemat said, according to the suit.
In addition to the charges leveled against Goodyear, Sutton charges that the Safety Kleen placemat was deceptive.
"(It) touted the defendant's alleged concern for the environment but failed to inform consumers that defendant was charging them an illegal fee for the disposal of used oil," the suit said.
In both cases, the plaintiffs noted that Goodyear and Texaco have multiple outlets and perform thousands of oil changes, perpetrating the offense and causing ongoing harm to consumers and illegally enriching themselves.
