The Supreme Court of Tennessee recently scheduled a hearing for Feb. 6, 2001, to hear argument in OOIDA's suit challenging the imposition of surcharges on credit card transactions by Flying J and Pilot truckstops. OOIDA's lawsuit alleges that Flying J and Pilot's practice of imposing surcharges on fuel purchases using Visa or MasterCard credit cards violated agreements made by those truckstops not to impose surcharges.
In February 2000, Tennessee's Court of Appeals held that credit card holders had the legal right to enforce Visa and MasterCard's no surcharge rule against the truckstops. Flying J and Pilot then appealed to the Tennessee Supreme Court. OOIDA will ask the Tennessee Supreme Court to affirm the decision of the lower appellate court and to remand the case to the trial court to certify a class and calculate damages.