When two businesses enter into a contract with one other, both typically anticipate that the other will uphold their end of the agreement. A company based in Georgia is starting to question whether or not Pilot Flying J, a chain of truck stops, is upholding its promises laid out in a contract. Following on the tails of criminal raid on the company, Atlantic Coast Carriers is taking its breach of contract concerns to court in hopes to litigate a class action lawsuit.
According to documents that Atlantic Coast Carriers filed in court, Pilot entered into a contract with ACC that promised Pilot would provide a rebate on diesel gas purchased at Pilot truck stops. The rebate would either be given in a check or seen as a discount on bills for customers who were billed directly by Pilot. Atlantic Coast Carriers alleges that Pilot purposefully bilked ACC out of rebate money that ACC was entitled to under the agreement.
The criminal case against Pilot has been fueled by informants inside of the company. According to the insiders and FBI documentation, Pilot kept records on how much money in rebates a company was entitled to and how much money they were actually given. Further, some it is claimed that some employees were actually trained on how to withhold the rebates and which companies to target based on the possibility the withholdings would be discovered. According to court documents, Atlantic Coast Carriers claimed it was targeted as a company that would not notice the discrepancy.
While it appears that the Georgia company has reason to be concerned, it will now have to prove its allegations in court. Pilot will also have an opportunity to respond to allegations of breach of contract and to produce evidence on its own behalf. Any company who feels another party has not fulfilled the promises outlined in a contract has the right to seek civil action to seek enforcement of any written terms previously agreed upon.
Source: Knoxville News Sentinel, “Georgia company asks for class action lawsuit against Pilot Flying J,” Lance Coleman, April 20, 2013