Dollar Thrifty Moves to Dismiss Toll Fee Class Action Lawsuit

Last Friday, Dollar Thrifty Automotive Group Inc. submitted a motion to dismiss a toll fee class action lawsuit, which alleges that the car rental company purposefully overcharged customers through inflated electronic toll charges hidden under supposed “administrative fees.” Dollar Thrifty argues that the administrative fees for covering the toll fees were outlined in the rental contract and was fully disclosed to the plaintiffs and all Class Members.

According to the Dollar Thrifty Rental Agreement, should a customer “choose not to select the PlatePassT pre-paid tolling option and travel on one of these all-electronic toll roads, and do not have [their] own tolling device in the vehicle, the applicable toll will be paid for [them] and an administrative fee of $15.00 [formerly $25] per occurrence with a maximum of $105.00 will be charged.”

This clause found in all Dollar Thrifty rental agreements was reportedly included in the contract signed by the lead plaintiffs and all potential Class Members.

Because the additional administrative fees for processing toll charges were outlined in the rental agreement, Dollar Thrifty has submitted a motion to Oklahoma federal court, where the case is currently in litigation, to dismiss the toll fee class action lawsuit altogether. Dollar Thrifty also asserts that the plaintiffs have misapplied Oklahoma and Florida consumer protection laws, which should not apply to this case since the car rental and toll fees occurred in Texas.

The lead plaintiffs in the Dollar Thrifty class action lawsuit are Stephen and Anne Sallee, residents of Florida, who reportedly rented a vehicle from Dollar Thrifty during their trip in Texas last November. During their time in Texas, the Sallees incurred four separate toll charges totaling in $4.70. The couple alleges that they spoke with a Dollar Thrifty agent when they returned the car who informed them that there would be no additional fees beyond the $4.70 toll fees. However, when they received the bills, the Sallees say they discovered an additional $60 charge in administrative fees.

The Sallees and other Dollar Thrifty car rental customers were informed of these extra fees in the standard rental agreement. However, the Sallees claim that these $15 or $20 fees are a breach of contract by Dollar Thrifty. They allege that the actual cost of process electronic toll fees is significantly less than the administrative fees tacked on to customer bills by the rental car company.

The term “administrative fee” is misleading because it leads consumers like the Sallees to believe that the fee goes toward toll processing fee, which is only a fraction of the $15 or $20 charge. In their class action lawsuit, the Sallees allege that these so called “administrative fees” breach customer contracts through misrepresentation and harm thousands of Dollar Thrifty rental car consumers by hiding the true nature of these additional charges.

Judge Gregory K. Frizzell, the Oklahoma Federal Judge presiding over the Dollar Thrifty toll fee class action lawsuit, has yet to issue a response to this motion.

Stephen and Anne Sallee are represented by Tony M. Graham and R. Jack Freeman of Graham & Freeman PLLC, Jeffrey W. Lawrence of The Lawrence Law Firm, Bruce D. Greenberg and Jeffrey A. Shooman of Lite DePalma Greenberg LLC and Daniel R. Karon and Laura K. Mummert of Goldman Scarlato Karon & Penny PC.

The Dollar Thrifty Toll Fee Class Action Lawsuit is Stephen Sallee, et al. v. Dollar Thrifty Automotive Group Inc., et al., Case No. 4:14-cv-00250, in the U.S. District Court for the Northern District of Oklahoma.