Class Action Against Hertz Alleges Breach of Warranty

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A class action lawsuit filed against Hertz Corporation claims the car-rental company defrauds “Gold Plus Rewards” program members by charging them excessive fees every time they drive through Southern California toll booths without paying the toll. Certain toll roads in Southern California do not accept Hertz’s “PlatePass,” which is offered by the company for customers to pay tolls electronically. Hertz allegedly does not tell renters that some toll roads do not accept its PlatePass service. As a result, many unaware drivers accumulate violations for passing through these tolls without the locally accepted FasTrak payment system.

According to the case, contracts do not allow Hertz to charge Gold Plus members administrative fees exceeding the amount needed to repay the company for expenses incurred to collect unpaid tolls. The plaintiff claims he paid Hertz a $30 fee for an unpaid Southern California toll, a sum that far exceeds the actual cost for passing through. According to the plaintiff, Hertz’s $30 administration fee exists to generate a profit, not to reimburse the company for customers’ incurred toll expenses.