Avis Rent A Car Toll Device Fee Class Action Lawsuit

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A New York resident has filed a class action lawsuit against Avis Rent A Car, claiming the company does not disclose in the rental agreement that customers will be assessed a fee for using an E-ZPass electronic toll device.

Plaintiff Jodd Readick alleges in the Avis class action lawsuit that he was charged a “convenience fee” for using an electronic toll device, despite the fee not being disclosed in the rental agreement or during the rental process.

The only place Avis alludes to a fee is a fine-print mention that customers are responsible for “all tolls incurred during your rental period and all related fees, charges and penalties.”

“Even if deemed to have knowledge of this section (after agreeing to so many specific fees in other documents), the language is deliberately ambiguous. A reasonable person could easily conclude that the ‘related fees, charges and penalties’ are based on the actual costs of the device, which could mean the actual tolls and other charges for the proper (or improper) use of the device (e.g., backing up in the toll lane or some other fineable behavior,” the class action lawsuit says.

Specific charges related to the rental of the electronic toll device are not mentioned anywhere in the contract.

“Had [Avis] wanted to clearly let people know that there was an additional rental cost to using the ETD [Electronic Toll Device], they could have easily done so,” the class action lawsuit claims.

Readick is seeking damages for a proposed class of all New York residents charged a “convenience fee” for Avis Rent A Car’s electronic toll collection device, called E-ZPass, provided in certain rental cars.

A copy of the Avis E-ZPass Fee Class Action Lawsuit can be read here.

The case is Jodd Readick v. Avis Budget Group, Inc. and Avis Rent A Car System, LLC, Case No. 651517/2012, Supreme Court of the State of New York, County of New York.