Due to a July 2013 settlement of a class action lawsuit against Hertz Corporation, you may be entitled to compensation as a member of the lawsuit class.

What is this Lawsuit?
The case, Susan Doherty and Dwight Simonson v. The Hertz Corporation, American Traffic Solutions, Inc., and PlatePass LLC, U.S. District Court of New Jersey, Case No.: 1:10-cv-00359-NLH-KWM, alleged that Defendants did not adequately disclose PlatePass-Related Charges to customers who (1) rented a vehicle from Hertz at any time between July 1, 2006 and March 31, 2010, AND (2) during that vehicle rental you used the PlatePass electronic toll payment service and thereafter paid PlatePass-Related Charges incurred during that vehicle rental.

The Plaintiff, and Class Representatives, sought relief due to allegations that Defendants breached Hertz’s rental car contracts; violated the New Jersey Consumer Fraud Act; wrongly converted Class Members’ monies; were unjustly enriched; and engaged in a civil conspiracy.  Specifically, the class action lawsuit accused the defendants of failing to inform Hertz customers that they are required to pay a service fee for each day the rent a Hertz car containing a PlatePass, even when they do not use it. One of the plaintiffs claims she was charged an additional $77.75 for administrative fees and toll usage that was not clearly explained in her rental agreement.

Court filings stated, “Since the first case was filed in late 2009, defendants have filed multiple motions to dismiss, both sides have deposed the others’ witnesses in various states, [and] the settlement negotiations were fractious. The court can and should readily find that the proposed settlement is the result of extensive discovery and informed, arm’s-length negotiations in a truly adversarial litigation.”platepass

As with many civil lawsuits, Defendants deny all of the claims filed and all allegations of wrongdoing or liability asserted against them.  Nevertheless, the parties have considered the risks, expenses, and time associated with continuing the lawsuit and agree that the settlement of $11,004,000 is fair, reasonable, adequate, and in the best interests of the Plaintiffs and the Class, to be paid to the Class by the following terms:

  1. Each eligible Class Member may be entitled to receive a refund of sixty-seven percent (67%) of the PlatePass-Related Charges (defined below) paid for his or her first use of PlatePass while renting a vehicle from Hertz during the Class Period.
  2. Each eligible Class Member may be entitled to receive a refund of thirty-eight percent (38%) of the PlatePass-Related Charges (defined below) for his or her subsequent uses of PlatePass while renting a vehicle from Hertz during the Claims Period.

Another $3,026,100 in legal fees and $100,000 in costs is to be paid by the Defendants to counsel for the Plaintiffs.

Does It Include Me?
From the website’s Q&A: “You are a part of the settlement if you are a natural person in the United States who rented a vehicle from Hertz at any time between July 1, 2006 and March 31, 2010, and during that vehicle rental you used the PlatePass electronic toll payment service and thereafter paid PlatePass-Related Charges incurred during that vehicle rental.” (emphasis added)

How Do I File a Claim?
To file a claim (i.e. join the Class) as a proper member of the Class (or to exclude yourself from the Class) go to: http://hertzplatepasssettlement.com

What’s My Deadline?
You must file a claim on or before 11:59 p.m. Eastern Standard Time on November 21, 2013 to be eligible for a refund payment.

Follow Me!
Twitter: @travelblawg
Facebook: facebook.com/travelblawg

suitcaselogo