Paul Tassin  |  September 28, 2016

Category: Consumer News

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payless-car-rentalA group of plaintiffs claim that Payless Car Rental Inc. unlawfully charges renters for fuel, insurance, and other add-ons that they had expressly declined.

The class action lawsuit filed in New Jersey alleges that Payless and its parent company Avis Budget Group Inc. unlawfully upcharge customers for their car rentals by tacking on charges for add-ons like insurance, roadside assistance, and fuel options – even after the customers specifically declined those add-ons.

All the named plaintiffs in this Payless class action lawsuit allege they were hit with extra charges for gas service plans, roadside assistance plans, or loss damage waivers, all of which they say they expressly declined.

The plaintiffs say these charges were assessed at Payless locations across the country and overseas.

Plaintiff Arcadia Lee says a Payless representative in Costa Rica told her the extra charges were only “deposits” that would be returned – a statement she says turned out to be deceptive.

The plaintiffs also take issue with what they say are fraudulent fuel charges, assessed when customers return the vehicles to Payless.

Some customers complain they were charged a “fuel surcharge” as high as $185, even after returning their car with a full tank of gas.

Complaints made directly to Payless got no results, the plaintiffs allege. They say Payless directs complaining customers to open a ticket with its help desk.

The plaintiffs allege that once they open this ticket, Payless responds with a form message essentially telling the customer that they did indeed authorize the charges and that Payless refuses to give them back their money.

In addition to the allegedly unauthorized add-on and fuel charges, plaintiffs quote online customer complaints alleging other underhanded dealings by Payless.

Customers report Payless charged their credit cards as much as three or four times for the same transactions or failed to return hundreds of dollars’ worth of security deposits.

One complainant alleges she lost a $175 rental fee she had already paid when Payless cancelled her rental supposedly because she failed a credit check.

Still others complain that when the specific car they had a prepaid reservation for was not available, Payless refused to refund their money and instead proposed to charge them for an upgrade to a more expensive vehicle.

The plaintiffs propose to represent a few specific plaintiff Classes. The Nationwide Unauthorized Add-Ons Class would encompass all persons who rented a vehicle from Payless and were charged for add-ons they specifically declined or that were otherwise unauthorized.

They also propose three unauthorized add-on subclasses consisting of Class Members from the states of New Jersey, Nevada and Florida, respectively.

Their proposed Nationwide Fraudulent Fuel Charges Class would represent all Payless renters who declined to have Payless refuel the vehicle, returned the vehicle with a full tank, and were charged by Payless for refueling.

They seek an injunction barring Payless from misinforming renters about the nature of their add-on fees and from charging credit and debit cards without notice and specific authorizations for the charges to be imposed.

They also seek awards of damages, restitution, court costs, attorneys’ fees, and applicable pre- and post-judgment interest.

The plaintiffs are represented by attorneys Bruce H. Nagel and Greg M. Kohn of Nagel Rice LLP and David J. DiSabato and Lisa R. Bouckenooghe of DiSabato & Bouckenooghe LLC.

The Payless Unauthorized Charges Class Action Lawsuit is Bacon, et al. v. Avis Budget Group Inc., et al., Case No. 2:16-cv-05939, in the U.S. District Court for the District of New Jersey.

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61 thoughts onPayless Car Rental Class Action Says Customers Charged for Add-Ons

  1. Robert J Fink says:

    Sounds like my story exactly. I was victim of Budget Rent-a-Car. A $449 car rental became a $1036 charge with added insurance coverage, roadside assistance and gas charges even though I had told agent I didn’t want any ad ons! Is Budget a part of this suit? If not, they should be. A check of Google reviews will show that many more people report the same treatment from Budget.

  2. Vic says:

    I would like to know how to join the suit. I too was charged for RSP ( Roadside Asst) when I repeated stated that I did not need the coverage since my own auto insurance covered that. After I returned the car I noticed the added charge. I was assured it would be corrected and accredited back to my credit card. When they did not correct it and continually ignored my calls I called my bank Wells Fargo to dispute the charge. Wells Fargo took their explanation and closed my claim. Shame on Wells Fargo for backing a thief.

  3. Teresa McCullough says:

    How do I join the lawsuit too. I was charged about $300 over my quoted rate.

  4. James A. Wisz says:

    How can I get in in the law suite? I was over charged in AZ. Had a conformation for $ 169.43 when I returned the car it was $ 325.50. I call to complain and got messed around and they refused to return my money.

  5. Desa says:

    I too would like information about the lawsuit. Payless charged me for roadside assistance that I declined when I picked up the car. The also charge toll fees. I paid all tolls while traveling throughout Orlando. Filed complaint with BBB.

  6. JR says:

    Payless increased my rates 300% after roads were closed during winter state of emergency preventing me from returning car. First car I was given had a flat tire after two hours of driving leaving me stranded. I have audio recordings and documentation of the entire incident linking the incident back to company staff.

  7. Jayne Van Riper says:

    Had the same upgrade scam in Seattle airport in March 2017, we were charged double with fees I didn’t understand. How can we be part of this law suit?

  8. S says:

    Same thing happened to me in Orlando. They charged me over $600 & said I had to take their ‘ins.’ or they wouldn’t rent me the car even though I had own. When I refused they upt the price I’d pay then by $1200. I had no other choice but agree to the $600. They really preyed on me being a petite single young female alone w/a young child in tow, far from home w/no other options & no time to argue or stage a boycott last minute. These kind of people & places disgust me! I wish you had info on how to join this lawsuit on your site.

    1. Miss Z says:

      The same thing happened to me. I actually reserved my car online through Travelocity do I paid upfront. When I get to the location to pick up the vehicle they tell me I have to use there ins and that increased my price by $250. I sent them an email, and they responded by saying that was their policy. I world love to be part off this lawsuit. Worst company ever. I will never use again.

  9. C says:

    How do I join this lawsuit?

    1. S says:

      Let me know please if you find out how to; I’ve searched google & no leads yet. Thanks. Same happened to me as well

    2. Roald E. Young says:

      Was charged for insurance I had already putchased through Priceline @ $77.00. I was told by a Payless Sales Associate that “that stuff is no good, you have to have a loss waiver through Payless”. The charge was well above the $77.00 I had already charged to my Credit Card. My initial quote of $232.00 for a weeks rental turned out to be $541.00.

  10. C says:

    How do I join this lawsuit? Same scenario happened to me at Tampa International. These guys are complete rip off dirt bags.

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