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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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DAVID STEPHAN, individually
and on behalf of a Plaintiff Class of all those similarly
situated,
Plaintiff,
vs.
FIVE DIAMONDS LLC, d/b/a Jiffy Lube, individually and on behalf
of a Defendant Class of all those similarly situated,
Defendant. |
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CIVIL ACTION
NO.
CLASS ACTION
Jury Trial
Demanded
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COMPLAINT
Plaintiff, by his undersigned attorneys and for his
Complaint (“Complaint”), alleges upon personal knowledge and belief
as to his own acts, and upon information and belief (based on the
investigation of counsel) as to all other matters, as to which
allegations he believes substantial evidentiary support will exist
after a reasonable opportunity for further investigation and
discovery, as follows.
INTRODUCTION
1. This class action alleges violations of the Washington
Consumer Protection Act (“CPA”), and principles of common law
arising from the imposition of a supposed “Environmental Surcharge”
of $2.25 (or more) as an add-on charge by Jiffy Lube International,
Inc. (“Jiffy Lube”) and its franchisees pursuant to a nationwide
conspiracy among them and others to add such surcharge to all Jiffy
Lube oil change bills, even though neither the State of Washington,
the federal government nor any other governmental entity has imposed
any such fee. Pursuant to such conspiracy, Jiffy Lube and its
franchisees use the guise of purported “Environmental Surcharges,”
Environmental Fees,” “Environmental and Shop Fees” or similar
language (referred to herein as “Environmental Surcharges”) to
imply that these charges are government-mandated so they can charge
consumers more than the advertised and/or invoiced prices for oil
changes, and they and the direct and indirect owners of Jiffy Lube
oil change centers keep the entire amount of the "Environmental
Surcharges" and/or proceeds of the sales of customer oil or a
portion thereof as unjust and unearned profit. Upon information and
belief, pursuant to agreements nationwide, Jiffy Lube shares the
ill-gotten “Environmental Surcharges” and proceeds of sales of
customer oil with the members of the Defendant Class as hereinafter
defined and their various owners. Further, Defendant and the members
of the Defendant Class directly and indirectly unjustly receive and
have received additional revenues from selling the oil removed from
the vehicles owned by Plaintiff and the Plaintiff Class (as defined
below). Plaintiff seeks for himself and the members of the Plaintiff
Class return of all “Environmental Surcharges” (or the proceeds
thereof) collected, all amounts received by Defendant and the
members of the Defendant Class from the sale of oil belonging to
Plaintiff and members of the Plaintiff Class and other relief
provided by applicable law.
Also See:
Remedies
For more information, contact: Richard D. Greenfield [whitehatrdg@earthlink.net]
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