Toll Fraud Suit Against Hertz Survives Dismissal Bid
By Pete Brush ( November 29, 2010, 1:29 PM EST) -- A judge has declined Hertz Corp.'s bid for an early dismissal of a proposed breach of contract and fraud class action filed by a New Jersey woman accusing the rental car giant of conspiring with a toll collection company to hit customers with excessive fees and charges.
Named plaintiff Susan Doherty's suit established actionable civil conspiracy, consumer fraud and other claims, Judge Noel L. Hillman ruled Wednesday in the U.S. District Court for the District of New Jersey.
After renting a car in 2009, Doherty sued in state court and the case was removed by Hertz in January.
According to her amended complaint, lodged in March, Hertz and a subsidiary of co-defendant American Traffic Solutions Inc. called PlatePass LLC deducted more than $77 from her bank account over and above the price of her rental car.
The companies allegedly hit her with $20 in administrative fees for toll collection and also charging her the full cash amount for tolls, as opposed to the lesser amounts usually charged for drivers who pay electronically.
Her various civil claims — which also include unjust enrichment and conversion — say the charges were either not disclosed or were misrepresented in her rental car agreement. ...
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