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Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

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Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#41

Earlier quoted context omitted.

at what point does something like this garner class-action attention? most of the money ends up going to the lawyers, though…

Class action is often prohibited through terms that force you to act solely and also they require arbitration. This sort of thing should be banned and made retroactive.

A judge can still approve a class in those conditions.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#42
post #20

Earlier quoted context omitted.

I'd love to see a campaign to coordinate small claims court claims against abusive companies. It could really fuck a company's day up if several hundred to thousand people across the world decides to seek redress from a small claims court on the same day.

Can you use a small claims court if the rental contract has mandatory binding arbitration clause?

I don’t think you can unfortunately, and arbitration should be banned. I’m not sure how a system overriding the legal system is allowed.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#43

Half of the stories about billing for unused gas are clearly just theft. Why do consumers have no recourse against companies that steal from them? If I made charges to someone's card for services that weren't rendered, I'd probably go to jail.

It's not theft. Rather just regular old big company incompetence. You're dealing with broken automated systems and an out-sourced customer support agent. Wait until LLMs arrive on the scene and further exacerbate the problem.

I would bet that they displayed high competence at discovering under-charge or forgot-to-charge incidents and swiftly remedied them.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#44

It’s surprising to me how large businesses can basically steal from people like this with impunity, under the guise of some “fee.” Of course 10 years later there’s a class action lawsuit where everyone gets a check for $23 in the mail, but, at that point what’s the point?

Why wait for the class action, especially when the claim is plenty small enough to fit into a small claims court? They exist for a reason. If enough people use them, it'll end up costing the company far more than a class action, and you'll get more back too because Lawyers won't suck up 50% of the payment.

I think you have to go to forced arbitration instead of small claims. That process usually starts with paying a roughly $1000 fee to open the arbitration.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#45

Half of the stories about billing for unused gas are clearly just theft. Why do consumers have no recourse against companies that steal from them? If I made charges to someone's card for services that weren't rendered, I'd probably go to jail.

As a general rule, people stealing or otherwise breaking the law via companies get cut way more slack than random individuals.

Like, Wells Fargo set up millions of fraudulent accounts for its customers, and zero people went to jail.

Even if you accept the premise that upper level management somehow didn't know, a certain level of negligence should absolutely lead to prison time when the impact is this is large.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#46

Half of the stories about billing for unused gas are clearly just theft. Why do consumers have no recourse against companies that steal from them? If I made charges to someone's card for services that weren't rendered, I'd probably go to jail.

It could be worse - Hertz falsely accused hundreds of people of stealing cars which lead to felonies, arrests and jail time. https://www.npr.org/2022/12/06/1140998674/hertz-false-accusa...

Something like this happened to me - I'd rented one of their cars with no return date because I hadn't fully planned out a multi-week trip in the eastern USA. The staff member said this was fine; they'd put in a return date of a week or two and then keep pushing it back.

Five weeks later I returned the car and flew back home to Australia. Found letters that had been posted saying that the car hadn't been returned and was considered stolen.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#47
post #20

Earlier quoted context omitted.

I'd love to see a campaign to coordinate small claims court claims against abusive companies. It could really fuck a company's day up if several hundred to thousand people across the world decides to seek redress from a small claims court on the same day.

Can you use a small claims court if the rental contract has mandatory binding arbitration clause?

You absolutely can.

Now the company has to pay one of their lawyers ($$$) to show up, or the claim is a default judgement, which they have to pay.

So the lawyer shows up and says blah blah mandatory binding arbitration. The judge can interrupt and say "don't care, judgement against, pay the man". Or the opposite, in which case at least you cost them more than they cost you.

Which is why they probably take the default judgement and pay you.

Re: Hertz Charging a Tesla Renter for Gas Was Not an Isolated Incident

#49
Receipt later had a $100 "clean fee - interior ACCEPTED" after renting a car for two weeks. what?

I called customer service and they quickly removed it, but it left a bad taste in my mouth.

To be clear, there was rain so maybe a smudge of dirt near pedals, but car was kept clean throughout.

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