Complain about a product or service

National 'Hot Fuel' Lawsuit Moves Forward

Federal judge refuses to dismiss suit alleging deceptive sale of gasoline, diesel fuel

February 22, 2008

FTCR said the lawsuit, covering a majority of states, should raise motorists' awareness that they lose up to a dime a gallon from the sale of "hot fuel," especially in the South and Southwest.

"Forcing motorists to buy 'hot fuel' is yet another way oil companies cheat us. Drivers' losses boost the bottom line of the oil business, from the oil company down to the retail level," said Judy Dugan, research director of Oilwatchdog.org and FTCR. "A major point of this lawsuit is that drivers have no way of telling the temperature of the fuel they buy, and thus have no way to determine its true value."

The 'hot fuel' scam occurs because gasoline expands as it warms up, for reasons including the refining process, air temperature and solar heating. The expansion means that a measured gallon loses energy as it warms, providing fewer miles per gallon.

When gasoline is sold at the wholesale level, it is adjusted for temperature variation from the national standard of 60 degrees. Most retailers also get extra gallons to compensate for temperature expansion.

But consumers can buy fuel only by a measured gallon, no matter what its energy content, with warmer gas yielding less energy per gallon. It is notable that in Canada oil companies adjust retail gasoline sales for temperature, because colder than average temperatures there would otherwise give consumers an advantage.

In California and Arizona, Exxon Mobil has put stickers on its pumps about fuel energy being "affected by temperature" as a tactic to fend off the class action lawsuits against hot fuel sales.

Truckers fired up

Independent truckers, represented by the Owner Operator Independent Drivers Association, based in Missouri, say they lose hundreds of dollars a year from hot fuel. The truckers' group noted that the lawsuit is far from finished but relished the fight.

“America's truckers are closely watching the progress of this case. They want, and deserve to get the same miles per gallon from every fill-up. Especially since they are having to buy an extra 200 gallons, or so, every year due to hot fuel," said John Siebert of the truckers' association.

Having jumped this "motion to dismiss" hurdle, the case is well into the middle of the beginning phase.

The judge has asked the attorneys for their plans for the discovery portion of the proceedings. For the plaintiffs, this is not such a hard problem: US fuel consumers found out how retail fuel is really sold, and did so recently. For the petroleum retail defendants, it's going to be a little harder to explain: they've known the impact of temperature on fuel volume since the 1920's, yet managed to keep it very quiet until now.

As Mark Twain used to say, "The doors will open at 7:00 o'clock... the trouble begins at 8:00."

Report Your Experience
If you've had a bad experience -- or a good one -- with a consumer product or service, we'd like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge is power! Help spread the word. File your consumer report now.

Back to the top |