Is anyone else a member of the class?

G

Gary Dotson

501 Club
I got a letter, the other day, regarding a class action suit against O'reilly auto parts. The suit is in regard to O'reilly 303 tractor trans. and hydraulic fluid. It's claimed by the class that the fluid did not meet the specs. that it was claimed to meet. They showed, on their records, that at sometime in the past, I purchased a 1 gallon jug of it and that my share of the settlement is expected to be $7.53. I don't remember the purchase, I generally buy it in 2 1/2 or 5 gallon containers and I don't remember buying any from O'reilly. Of course, if the send me a check, well ok then.
 
I didn't pay a whole lot of attention to the wording but it apparently applies to more than just Missouri. I pitched the letter, I'm not holding my breath on the $7.53.
 
I am curious to know how they knew you bought the product and where to send the letter. Sounds like it is one of those schemes where they are looking for more people to collect.
 
Barnyard":2gagvmwv said:
I am curious to know how they knew you bought the product and where to send the letter.
Click to expand...
Any purchase with a credit card or check produces a computer saved record.
 
There was an announcement on the news 2 or 3 months ago about the 303 fluid, not just Auto Zone, but all of the 303 fluid not meeting the specifications. If I remember correctly the ones for IH were some of the worst violated ones.
 
Bill, I have a commercial account with O'reilly and others, naturally they have my contact info. I wondered about the other retailers because I doubted that the fluid was made specifically for them. But yet, the notice I received stated that the suit charged O'reilly specifically. Maybe there are numerous suits but it seems that the suit should be directed at the manufacturer.
 
Looks like another scam to get your info so it can be used for other purposes. We get all kinds of stuff like that here---just delete it or if in the mail--BURN it! --- its NOT for real and you will never get a cent and somebody has all your bank/credit info!
 
I think the question of who has the liability comes back to what was printed on the can. If for example, you went to O'Reilly and got a can of oil labeled "Citgo", the product liability would rest on Citgo. But store branded merchandise typically will have O'Reilly's name on it and fine print that says something like "bottled for O'Reilly" with no indication as to who actually produced it. In that case, the manufacturer is simply filling the bottle with whatever O'Reilly asked for and O'Reilly has assumed responsibility for the product. In effect (and possibly explicitly), the production contract between O'Reilly and the producer has transferred the liability to O'Reilly. This case is a little more complicated in that the allegation is that both the producer and the distributors knew the product didn't meet the claimed specification. Evidently there were multiple distributors in this case. If again for example, Tractor Supply had a record of you buying 303 fluid from them, you may have gotten a second notice from them.

There were multiple suits. They were combined into a single case that was handled in Missouri. Some fluid testing done by the MO Department of Agriculture entered into the case.

The products and time frames involved are:
MileMaster 303 3/2 gal. Jan. 23, 2017 Present
MileMaster 303 5 gal. May 25, 2013 Present
MileMaster 303 55 gal. May 25, 2013 Present
H-K 303 3/2 gal. May 25, 2013 April 30, 2016
H-K 303 5 gal. May 25, 2013 March 21, 2019
Orscheln 303 5 gal. Sept. 3, 2014 Aug. 16, 2017
SuperTech 303 5 gal. Feb. 17, 2016 Feb. 10, 2018
 
These class action suits happen as ll the time.
I had one for a JD mower concerning misrepresenting hp rating. I never did anything with that but had one for a Kia Soul which claimed they overrated Gas mileage figures.
They said they could grant me money towards a trade in or give me a visa gift card. I opted for the gift card as we know the price gets marked up on a sale before they take any money off.
I thought that was all kinda sketchy so I didn’t hold my breath. Well 4 years later I got my gift card in the mail and it was worth $1,200 !
 
From what I have read the original 303 fluid contained sperm whale oil, which was banned from use in the mid-1970s.
Some of the lubricant manufacturers used inferior substitutes and caused failure in some instances.
 
my notice came in the mail about two weeks ago . 1 gallon purchased , seems i remember $ 3.00 and change to b my share . jeesh . coppersmythe....................
 
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