Congratulations to DCSTB Partner Tom Connick who, along with colleague and co-counsel Edward W. Cochran, recently received Final Approval of a Class Action claim against Enterprise Rent-A-Car and its subsidiary companies, brought on behalf of their client, Robert Wittbrot. In September 2008, Mr. Wittbrot, while driving a rented a car from Enterprise, was identified by a red light photo enforcement program as having run a red light. A citation was sent automatically to Enterprise as the registered vehicle owner. Before notifying Mr. Wittbrot, Enterprise automatically paid the $100.00 ticket by charging the amount to Mr. Wittbrot’s credit card, along with an additional $20.00 administrative fee. On November 13, 2008, Mr. Wittbrot received a letter from Enterprise (dated November 7, 2008) notifying him of the citation and the amount of the charges. The payment and timing of the notification did not allow Mr. Wittbrot to challenge the validity of the citation.
Enterprise’s actions violated Ohio Revised Code § 4511.092 by failing to notify the issuing authority of the name and address of the person renting the car at the time of the violation, and by unilaterally paying the ticket and charging Mr. Wittbrot an additional administrative fee of $20.00. Although Enterprise denied all liability, it agreed to a 100% refund to all Class Members who were charged the unlawful administrative fee, and further agreed to injunctive relief, which includes Enterprise agreeing to indefinitely stop charging any more administrative fees associated with camera citations. Except in very limited circumstances, Enterprise further agreed to no longer pay the citations issued to it, but instead to put the issuer of the citation on notice of the name and address of the violating renter.
Enterprise was also required to pay costs, Court approved attorney fees and a Court approved incentive fee to Mr. Wittbrot for his role in successfully challenging Enterprise’s improper practices and procedures.
If you feel that your rights and the rights of those similarly situated with you have been violated, and you want to serve as a Class Representative in a Class Action, please contact Tom Connick directly at (216) 364-0502 or tconnick@dctblaw.com for a free consultation.
