Judge Denies Cert. in Dollar Thrifty Add-On Insurance Class Action

Early this week, the plaintiffs in a class action lawsuit accusing Dollar Thrifty Automotive Group Inc. of tricking consumers into purchasing add-on insurance lost their bid for Class certification.

Lead plaintiffs Sandra McKinnon and Kristen Tool alleged in their class action lawsuit that Dollar Thrifty misled consumers into purchasing costly add-on insurance by telling them that by initialing certain lines on the policy they were declining insurance, when actually they were charged for the insurance. The plaintiffs filed their class action lawsuit in California in August of 2012.

U.S. District Judge Samuel Conti determined that the plaintiffs’ proposed Class was overbroad and denied their motion for certification early this week. In his order, Judge Conti pointed out several problems with the plaintiffs’ motion. For the classes in California and Oklahoma, Judge Conti found that those customers were not exposed to the alleged misleading practice by Dollar Thrifty. “Plaintiffs have neither alleged facts nor presented evidence establishing that all members of the class were exposed to a deceptive practice,” Judge Conti wrote in his order.

Judge Conti also pointed out that transactions that have no connection to California and Oklahoma were improperly included by the plaintiffs in their motion. Additionally, the judge ruled that the plaintiffs did not establish how the Dollar Thrifty training program included the allegedly deceptive practices. “Plaintiffs have not pointed to common proof. Instead, they allege facts that apply only to some customers, at some locations, some of the time,” wrote the judge in his order.

The judge also ruled that the plaintiffs’ experiences were unique, making the plaintiffs unsuitable as are not adequate representatives of the entire class. “Plaintiffs have conflicts with other class members due to their unique factual circumstances and the unique defenses Defendants will likely assert against them that are not applicable to the class as a whole,” wrote the judge in his order.

In July 2013, Judge Conti ruled against Dollar Thrifty when they argued the case should be dismissed because the plaintiffs had established that Dollar Thrifty had a nationwide scheme to trick consumers out of money through add-on insurance.

Judge Conti said in Monday’s order that the Class failed to meet the commonality, typicality and adequacy requirements for certification, but agreed to let the plaintiffs try again for certification, instructing them to submit a revised Class definition identifying common issues of fact and law within 30 days of the order.

McKinnon and Tool are represented by Alan M. Mansfield, Joe R. Whatley Jr., Patrick J. Sheehan and S. Scott Garrett of Whatley Kallas LLP.

The Dollar Thrifty Class Action Lawsuit is McKinnon, et al. v. Dollar Thrifty Automotive Group Inc., et al., Case No. 3:12-cv-04457, in the U.S. District Court for the Northern District of California.

UPDATE: On Mar. 8, 2016, a federal judge in California once again denied class certification to a proposed Class of drivers on who filed a lawsuit against Dollar Thrifty Automotive Group Inc.

UPDATE 2 February 23, 2017: Plaintiffs have settled claims in the Dollar Thrifty lawsuit and agreed to drop the suit.