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Avis rental car drivers have asked a federal judge to certify a Class of drivers who were allegedly charged undisclosed traffic violation fees and fines.
Plaintiffs Dawn Valli and Anton S. Dubinsky are requesting the certification of drivers who rented a car from Avis or Budget since Sept. 30, 2008.
The request also asked the New Jersey federal court to allow an oral argument for their Class certification.
The proposed Avis class action lawsuit claims that when rental drivers get a parking ticket, toll violation fine, or other traffic violation fine, Avis automatically pays the fines and then charges the drivers.
This reportedly denies car renters the chance to challenge their tickets or fines. Additionally, the rental companies allegedly charge additional administrative fees when charging customers for traffic violation fines.
Valli filed the Avis class action lawsuit in September 2014 after she says she was charged a $150 traffic fine by the rental car company, in addition to a $30 “handling fee.”
Valli argued that she did not have the chance to contest the traffic fine because Avis automatically paid the fee and charged her for it. She further claimed that Avis’ rental agreement fails to inform consumers of their traffic fine payment policies.
The Avis class action lawsuit also named American Traffic Solutions (ATS) as a defendant, claiming that the company helped Avis charge consumers for the traffic fines.
“ATS contracts with companies such as Avis Budget ‘to ensure vehicle owners are not held financially responsible for violations committed by drivers such as parking tickets or other traffic-related citations mailed to the vehicle owner,’” the Avis class action lawsuit states.
Avis attempted to have the rental fee class action lawsuit dismissed in August 2016, saying they are not required to inform customers about their traffic fine payment policies.
However, U.S. District Judge Claire Cecchi denied this attempt in May 2017 after she found that Valli sufficiently alleged her claims and that Avis’ rental agreements did not make their policies clear when it came to their traffic fine payments.
Additionally, Judge Cecchi determined that Valli was justified in bringing claims for loss and unjust enrichment based on Avis charging a $30 administrative fee on top of the traffic fine fee.
Valli amended her complaint in June 2018 in order to include allegations from the second named plaintiff Dubinsky.
Dubinsky was allegedly charged $490 by Avis for a red light traffic violation. The fee was reportedly accompanied by a $30 administrative fee, similar to Valli’s alleged fees.
In August 2018, Avis was ordered by a magistrate judge to give the court information about any fees and fines it may have charged its rental drivers.
Plaintiffs and the proposed Class are represented by Joel B. Strauss, Aaron L. Schwartz, William J. Pinilis and Laurence D. King of Kaplan Fox & Kilsheimer LLP and Marc. A Wites of Wites Law Firm.
The Avis Traffic Fines Class Action Lawsuit is Valli, et al. v. Avis Budget Rental Car Group LLC, et al., Case No. 2:14-cv-06072, in the U.S. District Court for the District of New Jersey.
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3 thoughts onAvis Drivers Want Traffic Fine Class Action Certified
I was over charged toll
Avis budget still playing this game of Charging fee internationally
How I can manage with tickets from Italy?
Park Happy LLC, in Nashville TN, put a fraudulent ticket on my Avis rental vehicle that had out of state plates. The vehicle was parked on a public street and was ticketed for not paying the private lot fee. Here is a classic scam related to the above article. Park Happy LLC knows they will get paid no matter what. Avis tells me they paid Park Happy LLC. I asked for proof of payment from Avis and they told me they cannot provide me with any such record. Avis told me to contact Park Happy LLC regarding the payment. Fraud by Park Happy LLC that becomes a legitimate charge through Avis. Well, that just don’t seem right.