Enterprise Rent-A-Car Class Action Says Drivers Double-Billed for Tolls

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A New Jersey driver says Enterprise Rent-A-Car unlawfully charged him and other purported Class Members for highway tolls they already paid themselves.

Plaintiff Mitchell Rait says Enterprise Rent-A-Car makes a practice of unlawfully billing its car rental customers for tolls incurred during the rental and associated administrative fees, even after the customers paid those tolls themselves.

The plaintiff alleges Enterprise’s actions violate the New Jersey Consumer Fraud Act and several provisions of New Jersey common law.

Rait says he rented a car from Enterprise Rent-A-Car in East Hanover, N.J. in August 2015, giving the company his credit card number to secure the rental.

He says that to cover tolls incurred during the rental, Enterprise offers renters the use of a “TollPass” device. On top of a $3.95 daily fee, TollPass charges any tolls incurred to the renter’s credit card, according to Rait.

Rait says he declined to purchase the TollPass option. Instead, the plaintiff says he placed his own personal E-ZPass transponder inside the rental car to use for paying tolls.

As he drove the rental car through the Holland Tunnel, Rait says the display screen at the toll station read “E-ZPass Paid.” He later received an E-ZPass statement confirming that his personal E-ZPass account was billed $11.75 for that trip, he claims.

But later that month, Rait says he got a letter from Enterprise Rent-A-Car stating that he had driven through the Holland Tunnel without paying the toll. The letter said that due to his alleged failure to pay the toll, Enterprise billed his credit card a total of $37 – $14 for the toll, plus a $13 “administrative fee.”

Rait says he called Enterprise Rent-A-Car to dispute the charges and faxed them proof that he had paid using E-ZPass. He was told this overbilling “happens all the time,” he claims.

Yet to date, Rait claims Enterprise Rent-A-Car has refused to refund his money.

Rait cites a “Rental Car FAQ” published by the E-ZPass service that says E-ZPass users “can use your E-ZPass tag in any vehicle with two axles, a maximum gross weight of 7,000 pounds, and single rear tires (includes RV’s with dual rear tires).”

In addition to Enterprise Rent-A-Car, Rait is also taking on Highway Toll Administration LLC, which provides tolling and collection services to rental car companies.

Rait is proposing to represent a plaintiff Class consisting of all persons who rented vehicles from Enterprise Rent-A-Car and who were billed for tolls that were otherwise paid using an E-ZPass. He expects Class Members could number in the tens of thousands.

He seeks an order barring Enterprise Rent-A-Car from continuing to bill customers for tolls already paid. He also seeks an award of damages, court costs and attorneys’ fees, all with applicable pre- and post-judgment interest.

Rait is represented by attorneys Lisa R. Bouckenooghe and David J. DiSabato of DiSabato & Bouckenooghe LLC.

The Enterprise Rent-A-Car Overbilling Class Action Lawsuit is Mitchell Rait v. Enterprise Holdings Inc., et al., Case No. 2:16-cv-08138, in the U.S. District Court for the District of New Jersey.