Santa Clara, CA: Hertz Corporation is facing a consumer fraud class action lawsuit alleging the rental car company' terms and conditions on its website for rewards program enrollees violate the New Jersey' Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
This case, filed by David Hecht, claims the terms and conditions states on the Hertz website violate TCCWNA because of a failure to state how they affect New Jersey residents. In particular, Hecht's allegations target Hertz's website for enrolling in the car rental company's Gold Plus Rewards Program.
Hecht's lawsuit specifically references a portion of the TCCWNA that states "No consumer contract, notice or sign shall state that any of its provisions is or may be void, unenforceable or inapplicable without specifying which provisions are or are not void, unenforceable or inapplicable within the State of New Jersey."
The Hertz Corporation, a subsidiary of Hertz Global Holdings Inc. is, by sales, the largest car rental company in the US.
Hecht seeks to represent two classes in his lawsuit. The first would be those New Jersey residents enrolled in Hertz Gold Plus Rewards when the case was filed. This class also would include New Jersey residents enrolled in the program six years prior to whenever the website's Terms and Conditions stated "in words or substance, that Gold Plus Rewards offers are void where prohibited, without specifying whether these provisions are or are not void, unenforceable or inapplicable within the State of New Jersey."
The second proposed class would include New Jersey residents who rented a Hertz vehicle for personal, household or family purposes via company's website within six years of the date of the filing. That class would cover a period when Hertz' Terms of Use said "that except as otherwise required by law, price, rate and availability of products or services are subject to change without notice and that the Hertz' General Terms of Use are void where prohibited, without specifying whether these provisions are void, unenforceable, or inapplicable within the State of New Jersey."
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Posted by Martha Loreto
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I rented a vehicle with HERTZ RENTAL CAR end of March 2016 for Two weeks in El Paso Texas Airport Hertz office location. The purpose to my rental was to enter Mexico, Ciudad Juarez as my husband was being process for legal residency of the United States. I made it clear to the rental car clerk that I would be in Mexico the entire time. For that I had to purchase a Mexican insurance coverage that Hertz Rental offer me, as my Geico Insurance would not cover me out if I was outside of the Country. Understanding that we were not going to take the risk of getting in an accident with out coverage, I purchase their out of the Country Auto policy. It ended up costing me more to pay for the insurance than for the two week auto rental charges alone. I payed about $600 just on insurance alone, I paid a Total of $1000 dollars in total. To my surprise I was hit while in Mexico while my car was parked. The car that hit me left the scene, and I left Mexico with all the damages. I went back to Hertz and reported my accident etc. I thought it was all set and done, but to my surprise two months after I return to the U.S Hertz Rental contacts my personal insurance and told them my accident happen in the U.S so that my insurance would pay for the damages. When my personal insurance contacted me and ask me what had happened and where it happened I explain the truth of the Matter as I had no reason to let my insurance pay for something I had paid the rental car insurance for. Going forward it was an ongoing battle with Hertz Rental. Till this day I have sent several letters explaining the truth of the matter and attached proof of coverage etc. After several Months Hertz said ok we see you bought insurance, but we need proof that it happen in Mexico. I thought this was ridiculous as this made no sense if I was going to be in U.S it would have costed me less for Auto Insurance. Any ways I still went ahead and sent them immigration proof as to why I was there. I also sent proof of Hotel stay in Mexico. This nightmare still didn't end there as I just received today October 24, 2016 a letter from a Collection Agency that Hertz Rental Car sent me to for a fine of over $5,000 dollars. I contact the JNR Adjustment Company, Inc about my collection. The collection Agency says what I have is not supported evidence that the accident happened in Mexico. I need help and legal advice in regards to this matter as this is a dishonest Company. Basically I paid over $500 in insurance for nothing, because they still sent me to collection for an insurance they know and are not denying that I bought. HELP ME PLEASE! :(
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