Sarah Mirando  |  March 8, 2013

Category: Legal News

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Hertz Settles Damage Waiver Fee Class Action Lawsuit

By Kimberly Mirando

 

Hertz Rent A CarHertz agreed Wednesday to settle a class action lawsuit accusing the rental car company of adding illegal damage waiver fees to preprinted rental agreements.

Plaintiffs in the class action lawsuit asked a New Jersey federal judge to preliminarily approve the Hertz damage waiver fee settlement, which will resolve claims that Hertz violated consumer fraud laws by automatically adding the charge unless the consumer specifically asked to have it removed. Plaintiffs also allege the fees were improper because Hertz failed to disclose that they only applied in rare instances when equipment was “totally lost.”

According to the settlement agreement filed with the court Wednesday, Hertz agrees to pay up to $3 million in refunds to Class Members who had to pay for partial damage to equipment despite paying the waiver fee.

Class Members whose rentals were never damaged can receive a cash payment of 15 percent of the money they spent on the waiver fees or a credit of 50 percent of their waiver payments toward future rentals, under the proposed deal.

No decision was made on whether to approve the proposed Hertz Damage Waiver Fee Class Action Settlement. Keep checking Top Class Actions for claims filing instructions once they’re made available.

The case is Davis Landscape Ltd. v. Hertz Equipment Rental Corp., Case No. 2:06-cv-03830, U.S. District Court for the District of New Jersey.

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Updated March 8th, 2013

 

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5 thoughts onHertz Settles Damage Waiver Fee Class Action Lawsuit

  1. Jeffrey Reiner says:

    How do we file a claim?

  2. dan penovich says:

    was VERY DIRTY what was done to me as my income then & now is less that $700 per month

  3. dan penovich says:

    This was about 12 years ago, and forgot about it until I got notice in the mail yesterday

  4. dan penovich says:

    They stole $100 cash deposit when I rented a 12′ step ladder at the Seattle Ballard hertz rental shop. told me I ONLY put up $15.00 on a ladder I had out only 3 hours. only used it to install (1) light bulb. It was very hurtfull and would NEVER GO BACK . Contacted the Hertz Corp. in writting regarding this NEVER, got a reply WAS CHEATED out of my $100. plus had to pay additonal cost of ladder rent. TOTAL BURN! DANPENOVICH Seattle wa.

  5. Connie Knight says:

    What years does this include?

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