Auto Renting and Leasing
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- Government Actions:Consent Order
The following describes a government action that has been resolved by either a settlement or a decision by a court or administrative agency. If the matter is being appealed, it will be noted below.
NEWARK – Attorney General Gurbir S. Grewal and the Division of Consumer Affairs (the “Division”) announced today that a discount car rental company operating out of Newark and JFK Airports has agreed to pay $80,000 in penalties, enter binding arbitration to resolve consumer complaints, and change its policies and practices following the Division’s investigation into a wide range of alleged fraudulent activity.The Consent Order with Drivo LLC d/b/a Drivo Rent-A-Car (Drivo) resolves the Division’s allegations that Drivo violated New Jersey’s Consumer Fraud Act (CFA), including by:- not accurately disclosing in its rental agreement all charges a consumer would have to pay if a rental vehicle was damaged;
- altering vehicle inspection records to falsely suggest consumers acknowledged damage to rental vehicles;
- falsifying accident or incident reports;
- billing different consumers for the same damage to the same rental vehicle;
- failing to disclose to existing damage on a rental vehicle to the consumer;
- posting deceptive and misleading online advertisements and statements; and
- failing to honor rental rates agreed upon through online reservations
Under the Consent Order, Drivo agreed to reform the way it does business by among other things:- Not posting deceptive or misleading advertisements;
- Not making statements that suggest partnerships with corporate entities when no such partnership exists;
- Maintaining uniform policies for the sale of rental vehicle insurance and additional merchandise;
- Accurately disclosing all the charges a consumer will be required to pay if a rental vehicle is damaged;
- Reporting all pre-existing damage to consumers for acknowledgement and signature at check-out, and ensuring they have an opportunity to fully inspect their rental vehicle prior to their departure;
- Notifying consumers in writing of any identified damage to the rental vehicle that occurred during the rental period; and
- Providing additional training to managers and employees on the check-out and check-in procedures of rental vehicles, as well as the sale of related services or products.
In addition, the Consent Order requires Drivo to enter into arbitration and abide by the decision of a neutral arbitrator to resolve certain consumer complaints not resolved by the Consent Order itself.The total settlement includes $44,524.87 in civil penalties, $2,677.88 in restitution to consumers, $9,535.25 in investigative costs, and $23,262.00 in attorneys’ fees.
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