Hertz Reaches $11M Class Action Settlement Over Toll Pass Charges

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UPDATE: Details on how to file a claim for the Hertz PlatePass Class Action Settlement are up!

Hertz Corporation has agreed to pay $11 million to settle a class action lawsuit accusing the rental car agency of conspiring with an electronic toll company to charge customers excessive fees.

In a joint motion filed May 30, 2013, Hertz, American Solutions Inc. and the plaintiffs asked the court to preliminarily approve the proposed class action lawsuit settlement, saying it finally puts an end to years of “highly contentious” litigation.

“Since the first case was filed in late 2009, defendants have filed multiple motions to dismiss, both sides have deposed the others’ witnesses in various states, [and] the settlement negotiations were fractious.” the motion said. “The court can and should readily find that the proposed settlement is the result of extensive discovery and informed, arm’s-length negotiations in a truly adversarial litigation.”

The defendants and plaintiffs also requested conditional certification of a nationwide class of Hertz customers who rented cars containing ATS’ PlatePass between July 1, 2006 and March 31, 2010 and incurred extra, hidden charges.

Plaintiffs in the Hertz class action lawsuit accused the defendants of failing to inform Hertz customers that they are required to pay a service fee for each day the rent a Hertz car containing a PlatePass, even when they do not use it. One of the plaintiffs claims she was charged an additional $77.75 for administrative fees and toll usage that wasn’t clearly explained in her rental agreement.

“The Hertz rental contract only makes an oblique reference to transmitting billing information for tolls and traffic violations to ATS. In the context of what really occurs, this reference is misleading,” the class action lawsuit said.

Under the proposed $11 million Hertz PlatePass settlement, Class Members who submit Claim Forms will receive a refund of the improper charges they paid. Details on how to file a claim for the Hertz PlatePass settlement can be found our Open Class Action Lawsuits section.

The Hertz PlatePass Class Action Lawsuit Settlement case is Doherty et al. v. The Hertz Corp. et al., Case No. 10-cv-00359, in the U.S. District Court for the District of New Jersey.

The plaintiffs are represented by Cohen Placitella & Roth PC, Emanuel & Dunn PLLC, Farmer Jaffe Weissing Edwards Fistos & Lehrman PL.