Plaintiffs Fight Back in Dollar Thrifty Toll Fee Class Action Lawsuit

The plaintiffs have filed a motion to oppose Dollar Thrifty’s bid to dismiss the toll fee class action lawsuit, claiming that the rental car company’s use of “administrative fees” is tantamount to lying because the actual administrative costs of assessing the tolls are a fraction of what Dollar Thrifty charges for the service.

Dollar Thrifty asserted in its motion that the plaintiffs’ claims should be dismissed because the administrative fees the company charges for processing tolls was disclosed in the couple’s rental contract with Dollar Thrifty. In an opposing brief made available on Wednesday, lead plaintiffs Stephen and Anne Sallee argued their class action lawsuit against Oklahoma-based Dollar Thrifty should not be dismissed.

The plaintiffs argue in their opposition brief that the term “administrative fees” is misleading to consumers and deceptive because he $15 to $25 per toll free Dollar Thrifty charges far exceeds the actual cost of administrating the toll. The plaintiffs call fee a “penalty disguised as a legitimate charge,” and that “[b]y claiming that it is charging customers solely an ‘administrative fee’ when they pass through tolls without transponders, Dollar Rent A Car is lying.”

“The truth is that Dollar’s administrative fee goes way beyond covering Dollar’s cost to administer these charges to local toll authorities,” the opposition brief continues. “In this manner, Dollar’s exorbitant fee is actually not solely an administrative fee (at least beyond the first couple dollars), no matter what Dollar insists.”

The plaintiffs alleged in their May class action lawsuit complaint that after they rented a car from Dollar Thrifty during a trip to Texas in November, incurring four toll charges totaling $4.70 along the way, Dollar Thrifty hit them with $60.00 in administrative fees related to the tolls. The plaintiffs argued the company improperly leads customers to believe that the fees go toward processing the tolls, but only a small portion of those fees are used for administering Dollar Thrifty’s electronic toll program, while the rest is a hidden additional charge on top of customers’ rental fees.

The plaintiffs claim that that thousands of people have been subject to Dollar’s increased rental costs that Dollar falsely describes as “administrative fees.” The plaintiffs argue that Dollar’s administrative fees amount to breach of contract and a violation of state consumer-protection law. They have requested damages for unjust enrichment and injunctive relief.

Multiple class action lawsuits have been filed by rental car customers over similar allegations within the past few years. Recently, Hertz Rental Car agreed to pay $11 million to settle a class action lawsuit over claims it it conspired with an electronic toll company to charge customers excessive fees. Class action lawsuits over toll charges to customers have also been filed against Fox Rent A Car and Avis Rent A Car.

The plaintiffs are represented by Tony M. Graham and R. Jack Freeman of Graham & Freeman PLLC, Jeffrey W. Lawrence of 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 Rental Car 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.