— Dollar General has agreed to settle a motor oil lawsuit which alleges DG Auto SAE 10W-30 and 10W-40 oil sold between 2010 and 2017 is obsolete and harmful for vehicle engines made after 1988. The motor oil class action also alleges Dollar General Auto SAE 30 oil can't be used in engines manufactured after 1930.
The plaintiffs allege they were misled by Dollar General’s labeling and placement of the motor oil in the stores which caused them to purchase the motor oil believing it was suitable for use in their vehicles.
Dollar General denies these claims and says the labels indicate all the details about the motor oil.
According to the fine print on the 10W-30 and 10W-40 bottle labels, the oil is “not suitable for use in most gasoline powered automotive engines built after 1988” and “may not provide adequate protection against the build-up of engine sludge.”
And the labels on DG Auto SAE 30 containers say the motor oil is “not suitable for use in most gasoline powered automotive engines built after 1930,” and “use in modern engines may cause unsatisfactory engine performance or equipment harm.”
Included in the class action are U.S. consumers who purchased any of the following DG motor oils for personal use between September 1, 2010, and December 31, 2017.
- DG SAE 10W-30 (SF specification)
- DG SAE 10W-40 (SF specification)
- DG SAE 30 (SA specification)
Dollar General has agreed to stop selling the motor oil under its DG Auto label and the company agreed to add more oversight over how it packages auto products.
DG Motor Oil Lawsuit Settlement Agreement
Possible settlement benefits include partial or full reimbursements for the motor oil or if the oil caused property damage.
Partial Refund of Purchase
Customers who submit a valid claim form without proof of purchase may claim $1.68 per quart, up to 10 quarts (a total of up to $16.80), but there is a limit of one claim form per household.
Full Refund of Purchase
Customers who submit a valid claim for full refunds will need to provide proof of purchase to receive refunds for the entire purchase price of the motor oil.
Proof of purchase can be a receipt or the original UPC code removed from the bottle with time-stamped and date-stamped photos of the front and back labels of each motor oil bottle. Those photos must show the product after the UPC code is removed.
The settlement also says it's possible other documentation may be provided if it "reasonably establishes the fact and date of purchase of the Product(s) during the Class Period in the United States."
In addition, a customer must choose between partial refunds or full refunds but cannot submit a claim form for both.
Property Damage Claims
Customers seeking reimbursement for property damage in a vehicle built after 1988 if 10W-30 or 10W-40 motor oil was used or after 1930 if SAE 30 motor oil was used may submit a property damage claim form.
The following documentation must be included with the claim.
- Proof of ownership of the vehicle at the time it was damaged.
- Repair receipts, estimates or work orders related to the damage.
- An affidavit from the mechanic or other person who diagnosed your vehicle’s damage.
If your vehicle damage was diagnosed by an ASE-certified mechanic, you must include an affidavit with all the following information.
- Proof the certified mechanic personally repaired or diagnosed the damage to your vehicle through physical inspection of the vehicle at the time the engine damage occurred.
- A statement that no other obvious cause of damage was identified.
- A narrative explanation as to how the certified mechanic was able to make the diagnosis and assert it was the use of the DG Auto motor oil that caused the damage rather than other causes.
If your vehicle damage was diagnosed by someone other than an ASE-certified mechanic, you must include an affidavit with the following information.
- A statement that no other obvious cause of damage was identified.
- A list of relevant experience supporting his/her ability to make the diagnosis.
- A narrative explanation as to how he/she was able to make the diagnosis and assert it was the use of the DG Auto motor oil that caused the damage rather than other causes.
Property Damage Claim With ASE-Certified Mechanic Affidavit
A customer who submits a valid property damage claim form with the required information including an affidavit from an ASE-certified mechanic may be entitled to a one-time cash payment, depending on the vehicle damage.
- Up to $2,250 if the vehicle was model year 2010 or later and had less than 100,000 miles on it at the time of the engine damage.
- Up to $1,250 if the vehicle was model year 2000-2009 or had between 100,001 and 200,000 miles on it at the time of the engine damage or meets one of the criteria of the above but not both, or up to $750 if the claim otherwise qualifies but does not meet the conditions for the first two groups.
Property Damage Benefits without ASE-Certified Mechanic Affidavit
A customer who submits a property damage claim form with the required information, including an affidavit from someone other than an ASE-certified mechanic, may be entitled to a one-time cash payment, depending on the vehicle damage.
- Up to $500 if the vehicle was model year 2010 or later and had less than 100,000 miles on it at the time of the engine damage.
- Up to $350 if the vehicle was model year 2000-2009 or had between 100,001 and 200,000 miles on it at the time of the engine damage.
If a customer meets one of the conditions above but not both, they may receive up to $250 if the claim otherwise qualifies but does not meet the conditions for the first two groups.
The only way to receive a motor oil refund is to submit a valid claim no later than June 8, 2021, and property damage claims must be submitted online by August 23, 2021.
Attorneys representing consumers have requested $10 million for fees and expenses.
Nothing is official yet as Judge Gary A. Fenner must grant final approval to the settlement. The final approval hearing is scheduled for June 22, 2021.
Dollar General motor oil lawsuit claim forms can be found here.
The Dollar General motor oil lawsuit was filed in the U.S. District Court for the Western District of Missouri: In re: Dollar General Corp. Motor Oil Marketing and Sales Practices Litigation.
The motor oil class action lawsuit was consolidated from the following lawsuits.
- Robert Oren v. Dollar General Corp., et al.
- Roberto Vega v. Dolgencorp, LLC
- Allen Brown v. Dollar General Corp., et al.
- Bradford Barfoot v. Dolgencorp, LLC
- Gerardo Solis v. Dollar General Corp., et al.
- Nicholas Meyer v. Dollar General Corp., et al.
- John Foppe v. Dollar General Corp., et al.
- John McCormick, III v. Dolgencorp, LLC
- Bruce Gooel v. Dolgencorp, LLC
- Scott Sheehy v. Dollar General Corp., et al.
- Janine Harvey v. Dollar General Corp., et al.
- William Flinn v. Dolgencorp, LLC
- Kevin Gadson v. Dolgencorp, LLC
- Miriam Fruhling v. Dollar General Corp., et al.
- Robin Preas v. Dollar General Corp., et al.
- James Taschner v. Dollar General Corp., et al.
- Jason Wood and Roger Barrows v. Dollar General Corp., et al.
- Brandon Raab v. Dolgencorp, LLC
- Seit Alla v. Dolgencorp, LLC
The settlement excludes state lawsuits filed by New Mexico and Mississippi.
