A New Jersey Federal Court has given final approval of a proposed class-action settlement filed by plaintiffs Susan Doherty and Dwight Simonsen in 2009 (Doherty and Simonsen v Hertz Corp., et al.) . Hertz agreed to pay $11 million to settle class actions involving toll and administrative fees charged to renters who used electronic toll payment systems.
In May 2013, Hertz, American Solutions Inc. and the plaintiffs requested the court to preliminarily approve the proposed class-action lawsuit.
In this lawsuit, North Carolina resident Dwight Simonsen sued Hertz Corp. for allowing American Traffic Solutions (ATS) to place charges on customers’ credit cards without their consent. After renting from Hertz, Simonsen was billed $10.75 by ATS for a 75 cent toll. Hertz and ATS’ PlatePass program gives renters the ability to use toll roads with a built-in payment system.
Claiming Hertz renters are automatically enrolled in the PlatePass program without notice, this lawsuit alleges breach of contract and violation of the New Jersey Consumer Fraud Act.
“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.