Many Watchdog readers pooh-poohed her Saturday story about a lawsuit against BP gas stations that issue carwash codes on slips of paper that bear an expiration date. The firm bringing the $5 million class action suit says the receipts are identical to gift certificates, which under Minnesota law cannot expire.

Maplewood banker Cassie Myers emailed: "Just because you failed to be responsible for letting it expire, you think you have the right to sue!...It is people like this that make me sick!"

Lorn Manthey wrote in an email: "This is just another example of people who think rules don't apply to them....If there's an expiration date, it's the person holding the ticket who needs to understand that it expires, it's not the responsibility of the offering company to give them something if they screw up.

A BP car wash.
A BP car wash (BP)

Michael Schmitt also responded by email: "Shame on you for promoting such frivolous litigation...This is exactly why our system is broken."

The main question behind the lawsuit is whether a carwash receipt is in fact a gift certificate under this law. The Watchdog asked Rep. Joe Atkins, DFL-Inver Grove Heights, the chief author of a bill barring expirations of gift certificates, which passed the Legislature and was signed by Gov. Tim Pawlenty in 2007.

Atkins replied: "Yes, a carwash receipt like the one described in your article falls under (Minnesota Statutes Section) 325G.53. Notably, this is not just my conclusion, but the conclusion of nonpartisan House research staff as well."

That conclusion relies on a careful reading of the law and how the term is defined: " 'Gift certificate' means a tangible record evidencing a promise, made for consideration, by the seller or issuer of the record that goods or services will be provided to the owner of the record to the value shown in the record and includes, but is not limited to, a gift card, stored-value card, store card or a similar record or card that contains a microprocessor chip, magnetic strip, or other means for the storage of information, and for which the value is decreased upon each use." The law goes on: "It is unlawful for any person or entity to sell a gift certificate that is subject to an expiration date or a service fee of any kind." And it concludes by listing the types of certificates that aren't covered, including, for example, loyalty cards that the consumer doesn't buy.

In a poll that appeared online Friday with the story of the carwash lawsuit, nearly 27 percent of the more than 1,000 votes indicated the respondents felt it was unfair that the money they spent on a carwash code goes down the drain. About 37 percent had experienced a carwash code's expiration but weren't that upset about it, and 36 percent percent had not had a carwash code expire. See the poll at

BP still has not responded to the Watchdog's request for comment on the lawsuit.



To read Minnesota statute 325G.53, go to