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An Illinois federal judge partially granted Hertz’s request for summary judgment on an unfair rental fees class action lawsuit, but decided that Hertz would have to face some of the customer’s allegations.
Chief U.S. District Judge Nancy J. Rosenstengel trimmed customer Emma Bradley’s proposed Hertz fees class action lawsuit last week.
Bradley claims that Hertz overcharges customers by adding fees like an “energy surcharge” and “vehicles licensing cost recovery.”
Judge Rosenstengel determined that Bradley could not claim that the company misled customers about the fees, noting that Bradley admitted that she had not seen the company’s disclaimers about the fees, but that they were disclosed on their website.
However, Judge Rosenstengel did permit Bradley to pursue some allegations against Hertz because she sufficiently claimed that the company overcharged for fees by miscalculating the extra charges.
According to Bradley’s Hertz class action lawsuit, Hertz specifically overcharged on the energy surcharge. Allegedly, Hertz based the surcharge on projected energy costs, which Bradly asserts are higher than the actual costs of energy.
Additionally, the Hertz overcharge class action lawsuit said that Hertz overcharged for vehicle registration and licensing. Allegedly, Hertz charged Bradley a flat fee that was higher than the company’s actual costs for licensing, registering, and titling the car.
The Hertz class action lawsuit states that many customers have been overcharged based on this model. Allegedly, Hertz has used this model for years, and has not updated it based on an accurate picture of the costs.
Bradley had attempted to hold Hertz liable for omissions and representation, but Judge Rosenstengel determined those claims will be eliminated. Bradley allegedly admitted that Hertz did actually disclose the fees on its website, but she did not see the disclaimer when using the site.
Based on this, Judge Rosenstengel said that “Bradley testified that she never received or saw a document from Hertz that was deceiving or misrepresented the facts with respect to either the energy surcharge or the VLCR.”
According to Judge Rosenstengel’s review of the situation and Bradley’s claims, the only way Bradley was harmed was in that the fees that she was charged were allegedly too high — not that they had been charged at all or the descriptions of the fees were misleading.
Bradley and other Hertz customers are represented by Richard S. Cornfeld and Daniel S. Levy of the Law Office of Richard S. Cornfeld, David G. Bender and Jessica C. Gittemeier of Rosenblum Goldenhersh, Anthony S. Bruning, Anthony S. Bruning Jr., Ryan L. Bruning and Edward Roth of the Bruning Law Firm LLC and Mark Goldenberg, Thomas P. Rosenfeld and Kevin P. Green of Goldenberg Heller & Antognoli PC.
The Hertz Car Rental Fees Class Action Lawsuit is Bradley v. The Hertz Corp., Case No. 3:15-cv-00652, in the U.S. District Court for the Southern District of Illinois.
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113 thoughts onHertz Can’t Escape Car Rental Fees Class Action
Hertz took money off my debit card for charges I didn’t agree to.
Can someone please let me know when this class action is open because I am going through it now.
Ive got documentation of them wrongfully charging my account without permission for a few thousand and said I only purchased liability insurance from them they don’t have libility insurance they stole momey from me and got my account messed up he screamed at me and done me wrong in so many ways please add me
They just charged me 1589.00 for a car that I couldn’t drop off at their location but called them and agreed to pay extra for change of drop off 195.00 my weekly rental was was 251.00 they didn’t have a hertz at the airport so I told the lady exactly where it was she said they could find it of course gps, so long story short they took 446.00 which would of been the agreed amount they put it back then charged me 746.00 that would of been my deposit added they again put that back! One week later they took 1589.00 ok how is that? They said a month later I drove the car 665 miles (a lie) that I dropped it off in Tampa that’s another lie said I had the car for 24 days again another lie they sent me a letter not even singled by someone’s name but saying alternate denial wth who signs a business letter like that??
They are liars and I’m going to sue them for the stress not to mention every piece of paper that was printed was a perfect copy then you get to the extra receipt and it’s blurry they double charged you can’t hardly read it and who turns a car that’s supposedly 24 days late exactly on 38000 miles?!! Please I can’t wait to take them to court I hope anyone and everyone gets what they deserve whoever runs this company has no business running a company because they have no communication skills at all! Especially when they said they don’t even have the phone call that was made for change of drop off location they sure have the charge on my bill though dumb asses!!!
on August 29th Hurricane IDA hit new Orleans and I tried to bring back a car rental to Hertz but they were closed so we road the hurricane out in our house after the hurricane I tried to bring the car back and their office was close. we left town I left the care at my house because we needed to bring my son to Louisiana Tech we left that Tuesday and the car was due back that Thursday. Hertz office was still close so corporate started calling me while I was in Ruston Louisiana. i called them back and told them i tried to bring the car back but their office was closed they assured me since it was a hurricane disaster area I would not be charge and additional rental fees. I spoke to 3 people and the all said the same thing. finally came home and they were still not open. then a person called a Scott at 504-308-1517 and she suggested i bring to the airport which I did the other people said i could not. and hertz is trying to charge me 1,193.83 when they told me they would not charge me.
Please add me