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. Jack says:

    How do I join this lawsuit? I was charged for “roadside assistant” which I didn’t ask for and they claim it comes standard. If it’s standard, why isn’t it included in the quote I got online from their own website. My rental agreement has “estimate optional service total” in the amount of $36 and yet I do not know what those “optional services” are. If they were optional, shouldn’t I know what they are before it’s added to my rental agreement?? The whole rental was supposed to be 211 but ended up paying 260

  2. Lance Humble says:

    Charged $9.99 per gallon for 2.5 gallons plus a refueling charge after I was told it would be $2.48 per gallon. Was charged for RSP that I declined. Was charged Customer Facility Fee even though rental facility is not on airport property. Original quote of $65 became $209. I’m in on this lawsuit.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  3. ruth Kornahrens says:

    got charged for days i didn’t not have the car rental

  4. uday salian says:

    booked an full size suv at Atlanta airport and was told only car available was full size. They didnt change the rental rate to full size and was told to call customer service. The customer service does not want to change the rental rate to full size and doesnt want to refund my money as I was charged for SUV($70 per day) instead of $24 per day for full size. I want to be part of this lawsuit.

  5. Syreeta says:

    The San Diego location told me I rented one type of car, which I didn’t and to upgrade to the next would be $20 extra. They charged me for insurance which I already paid through Priceline my total was under $200. When I returned the car they charged me over $500 and put the charges through twice!! It was hell trying to get my money back and they only have me credit for the double post

    1. Valerie Burge says:

      Was this San Diego car rental Airport Car Rental on India Street? They overcharged me by $150 plus would not refund my $500 deposit.

    2. Piper says:

      Exact same thing happened to me in San Diego. I never received a full credit and did not even use the car. Let it sit and put only 7 miles on it. Could not wait to turn it back in. Wanted to bring it back that next day and they said “you rented thru Expedia and we will not give you a refund”.

  6. Marquette Marshall says:

    Tampa location and Dallas location; over $300 in added fees above reservation price. Does anyone know how to join the class action lawsuit?

    1. Laura Stottlemyer says:

      I was double charged by the Dallas location November 2016. Disputed the charges with my credit card and ended up losing the battle. I still don’t believe I was responsible for the additional charges and would love to join a lawsuit against them!

  7. Joann McComb says:

    They didn’t stick with their original quote, then charged me Road side assistance after I returned the car. How can I join this law suit?

  8. Ann V. Mcdonald says:

    How do I join the lawsuit. I feel I was forced to quit a job I really needed.

  9. Ann V. Mcdonald says:

    I was employed by Payless in Houston, Hobby Airport. We opened the location from starting with a dusty temporary building. It was common practice to add to the custormers bill by the TOP PRODUCERS. I quickly discovered this practice. All they wanted was to see was production. It spent most of my time correcting or trying to calm down returning customers. I told the complaints to my supervisor but that fell on death ears. I asked for a meeting to discuss some of the things I observed, there was never anytime . The supervisor knew what was going on. $$$$$ This was the worst job I’ve ever had. I called in the day after Thanksgiving and quit.

  10. J. Velazquez says:

    Same here Tampa location, over $120 above reservation price.

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