$1.85 million verdict against rental car company
March 22, 2018
In this week’s article, we examine the case of State of Arizona, ex rel Mark Brnovich v. Dennis Saban et al, Case No: CV2014-005556 JCC (Ariz. Super. (2/14/2018)). As noted in a press release (azag.gov/oress-release (2/14/2018)) “Attorney General Mark Brnovich is proud to announce a $1.85 million verdict in a consumer fraud lawsuit filed against Dennis N. Saban and his companies, Phoenix Car Rental and Saban’s Rent-A-Car. After a 5-week trial, a judge found Saban and his car rental companies must pay $1.85 million for violating Arizona Consumer Fraud Act. Of the $1.85 million, nearly $1 million will go to consumers who were charged unlawful fees during car rental transactions from 2009 to 2016. This is one of the largest consumer fraud trial verdicts the Arizona Attorney General’s Office has ever obtained…In 2014, the Attorney General’s Office filed a consumer fraud lawsuit against Saban and his car rental companies. An undercover investigation found consumers were improperly charged fees by Phoenix Car Rental and Saban’s ent-A-Car. An undercover investigator was promised a rental vehicle for $129 a week, a rate also advertised on the company website. After additional fees and taxes, the total rental was more than $250. The agent was denied a copy of the rental agreement and falsely told he would be arrested if he left the Phoenix area because of specially coded license plates. An employee also informed the investigator that an additional charge was the ‘county tax’ when in fact it was a surcharge imposed by Saban’s. Upon inspection, investigators also discovered that although the rental car’s odometer displayed 99,840 miles, he vehicle’s actual mileage was 199,840 miles. Multiple consumers testified at trial that they were subjected to similar practices by Saban’s. The ruling also requires the defendant to provide consumers with a good faith estimate. The defendant is prohibited from inaccurately advertising the condition or rental rates of vehicles, renting any vehicle without regularly scheduled maintenance, from altering the odometer and altering or disengaging a vehicle’s warning lights”.