Hertz Parking Violation Fee Settlement

Pauley v. Hertz Global Holdings, Inc.,
Circuit Court of Wayne County, West Virginia, Case No: . 13-C-236

Frequently Asked Questions

Following is a list of frequently asked questions about this settlement. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the settlement.

  1. Why is there a notice?

    A Court authorized the notice because you have a right to know about a proposed Settlement of this class action lawsuit, and all of your rights and options, before the Court decides whether to approve the Settlement. The notice explains the lawsuit, the Settlement, and your legal rights.

    Judge Darrell Pratt is overseeing this case in the Circuit Court of Wayne County, West Virginia. This litigation is known as Pauley v. Hertz Global Holdings, Inc., No. 13-C-236. The person who sued is called the “Plaintiff.” Hertz Global Holdings, Inc.; Hertz Investors, Inc.; and The Hertz Corporation (“Hertz”) are the “Defendants".

  2. What is this lawsuit about?

    The lawsuit claims that Hertz violated its rental agreements by charging rental customers an administrative or handling fee for parking tickets that those customers paid on or before the due date. Hertz denies these claims and maintains it did nothing wrong.

  3. Why is this a class action?

    In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “class” or “Class Members.” In this case, the Class Representative is James F. Pauley. One court resolves the issues for all Class Members.

  4. Why is there a Settlement?

    The Court has not decided in favor of the Plaintiff or the Defendants. Instead, both sides have agreed to a Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Class Members receive the benefits described in the notice. The Class Representative and his attorneys think the Settlement is best for all Class Members. The Settlement does not mean that the Defendants did anything wrong.

  5. Who is included in the Settlement?

    You are included in the Class if you:

    • Rented a vehicle in the United States from Hertz,
    • Were billed between April 1, 2008 and April 30, 2017 for an administrative or handling fee relating to a parking ticket and/or notice of violation issued to the rental vehicle,
    • Paid the amount due for the parking ticket or notice of violation on or before the due date;
    • Paid the administrative or handling fee, and
    • Did not receive any form of refund or adjustment of that fee.

    You are not included in the Class if you:

    • Did not pay the parking ticket or notice of violation; or
    • You paid the parking ticket or notice of violation after the due date.
  6. Who is excluded from the Settlement?

    The Settlement Class does not include:

    • The Defendants, their parent companies, subsidiaries, or affiliates;
    • The officers, directors, agents, servants, or employees of the Defendants (or their parent companies, subsidiaries, or affiliates) as of August 29, 2017;
    • Class Counsel;
    • The Settlement Administrator;
    • The Notice Consultant; and
    • Any judge presiding over the class action.
  7. What if I am still not sure whether I am included in the Settlement

    If you are not sure whether you are included in the Settlement, you may call 1-866-238-8360 with questions or visit www.HertzParkingViolationFeeSettlement.com. You may also write with questions to Hertz Parking Violation Fee Settlement, c/o Dahl Administration, PO Box 3614, Minneapolis, MN 55403-0614.

  8. What does the Settlement provide?

    If the Settlement is approved and any and all appeals are resolved in its favor (if it “becomes final”), it will provide benefits to Class Members. Hertz will provide Settlement Funding up to $2,000,000 to make payments to Class Members who file valid claims (see FAQ 12), as well as to pay for costs associated with the administration of the Settlement and attorneys’ fees and costs of no more than $666,666.66 (see FAQ 18). In addition, the information provided to Hertz customers who incur parking tickets has been updated.

    More details are in a document called the Settlement Agreement, which is available on this website.

  9. How much will my payment be?

    You can get either $20 or $10 if you submit a valid Claim Form. The amount of your payment will depend on the documentation you provide (see FAQ 13).

    If you are able to provide documentation with your claim (for example, a cancelled check, bank statement, credit card receipt, credit card statement, etc.) showing that you paid the amount due for the parking ticket (or violation) on time, then you will receive a $20 payment.

    If you are unable to provide documentation, but your claim is determined to be valid, then you will receive a $10 payment.

    More details are available in the Settlement Agreement.

  10. When will I get my payment?

    Class Members who submit valid and approved claims will receive payments only after the Court grants final approval to the Settlement and any appeals are resolved in its favor, that is, after it becomes final. If there are appeals, resolving them can take time. Please be patient.

  11. What if I do not want to take part in the Settlement, and I want to sue Hertz on my own?

    You need to exclude yourself from the Class. Unless you exclude yourself from the Settlement, you can’t sue Hertz or be part of any other lawsuit against Hertz about the issues in this case. All of the decisions by the Court will bind Class Members, and they will be unable to separately pursue these claims against Hertz (and related persons and entities).

    The Settlement Agreement is available on this website and describes the claims that you give up if you remain in the Settlement.

  12. How can I request a payment?

    To request a payment under the Settlement, you must complete and submit a Claim Form. Claim Forms are available on this website or by calling 1-866-238-8360.

    Please read the instructions carefully, and fill out the Claim Form completely and accurately. Claim Form can be submitted electronically or by mail. Your Claim Form must be submitted electronically or by mail postmarked no later than November 30, 2017. Claims submitted by mail should be sent to:

    Hertz Parking Violation Fee Settlement
    c/o Dahl Administration, PO Box 3614
    Minneapolis MN 55403-0614

  13. Do I need to submit information supporting my claim?

    Yes. If you are submitting a Claim Form, your claim may also include documentation (for example, a cancelled check, bank statement, credit card receipt, credit card statement, etc.) showing that you paid the amount due for the parking ticket (or violation) on time.

    If you are unable to provide documentation with your claim, you must provide a statement showing that you made an effort to get it from the city, county, or jurisdiction who issued the ticket, but you were unsuccessful. It could include, for example, the name and telephone number of the person at the issuing authority office that you spoke with.

    If you have questions about the Claim Form or the additional documentation you should provide, please contact the Claims Administrator at 1-866-238-8360 for further information or visit www.HertzParkingFeeSettlement.com.

  14. How can I get out of the Settlement?

    To exclude yourself from the Class, you must mail a letter or written request to the Settlement Administrator. Your request must include:

    1. Your name, address, and telephone number;
    2. A statement that you wish to be excluded from the Class in Pauley v. Hertz Global Holdings, Inc., No. 13-C-236; and
    3. Your signature.

    Your exclusion request must be postmarked no later than November 1, 2017. Send your request to:

    Hertz Parking Violation Fee Settlement
    c/o Dahl Administration, PO Box 3614
    Minneapolis MN 55403-0614

  15. If I exclude myself, can I still get a payment?
    No. You will not get a payment if you exclude yourself from the Settlement.
  16. If I don’t exclude myself, can I sue Hertz for the same thing later?

    No. If the Court approves the proposed Settlement and you do not exclude yourself from the Class, you give up (or “release”) any right to sue Hertz or related persons or entities on your own about the claims this Settlement resolves.

  17. Do I have a lawyer in the case?

    Yes. The Court has appointed the following lawyers to represent all Class Members as “Class Counsel”:

    Anthony J. Majestro
    Powell & Majestro, PLLC
    405 Capitol Street, Ste. P1200
    Charleston, WV 25301
    Timothy C. Bailey
    Bailey, Javins & Carter, LC
    P.O. Box 3712
    Charleston, WV 25337

    You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  18. How will the lawyers be paid?

    Class Counsel will be paid for fees and reasonable expenses from the Settlement Funding. Class Counsel will ask the Court to award one-third of the Settlement Funding (up to $666,666.66) for attorneys’ fees and expenses. The Court will decide the amount of fees and expenses to award. The attorneys’ motion for fees, and expenses will be filed on or before November 30, 2017. It will be posted on www.HertzParkingViolationFeeSettlement.com.

  19. How do I tell the Court if I do not like the Settlement?

    You can object to the Settlement if you don’t like any part of it. The Court will consider your views. To object, you must submit a letter that includes:

    • Your name, address, and telephone number;
    • A statement saying that you object to the Hertz Parking Violation Fee Settlement in Pauley v. Hertz Global Holdings, Inc., No. 13-C-236;
    • The reasons you object to the Settlement, along with any supporting materials; and
    • Your signature.

    You must mail your objection to each of the following addresses, and your objection must be postmarked by November 1, 2017.

    SETTLEMENT ADMINISTRATOR CLASS COUNSEL DEFENSE COUNSEL
    Hertz Parking Violation Fee Settlement
    c/o Dahl Administration
    PO Box 3614
    Minneapolis MN 55403-0614
    Anthony J. Majestro
    Powell & Majestro, PLLC
    405 Capitol St., Suite P1200
    Charleston, WV 25301

    Timothy C. Bailey
    Bailey, Javins & Carter, LC
    213 Hale Street
    P.0. Box 3712
    Charleston, WV 25337
    Michael J. Farrell
    Farrell White & Legg
    P.O. Box 6457
    Huntington, WV 25772

    Ross B. Bricker
    John F. Ward, Jr.
    David C. Layden
    Jenner & Block LLP
    353 North Clark Street
    Chicago, IL 60654
  20. What is the difference between objecting and asking to be excluded?

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be a part of the Class. If you exclude yourself, you have no basis to object to the Settlement because the Settlement no longer affects you.

  21. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing at 9:00 a.m. on November 16, 2017, before Judge Darrell Pratt of the Circuit Court of Wayne County, WV, located at the Wayne County Courthouse, 700 Hendricks Street, Wayne, WV 25570. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.HertzParkingViolationFeeSettlement.com or call 1-866-238-8360.

    At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing. The Court may also decide at this hearing how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

  22. Do I have to attend the hearing?

    No. Class Counsel will answer questions the Court may have. But, you are welcome to attend at your expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also have your own lawyer attend, but it is not necessary.

  23. May I speak at the hearing?

    You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating that it is your “Notice of Intention to Appear in Pauley v. Hertz Global Holdings, Inc., No. 13-C-236.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than November 1, 2017, and must be sent to the addresses listed in FAQ 19.

  24. What if I do nothing?

    If you are a Class Member and you do nothing, you will not get any payment from the Settlement. You will be bound by all the Court’s orders, and you will not be able to start, join, or continue to sue Hertz (or related persons and entities) about the claims resolved in this Settlement. To receive a payment, you must complete and submit a Claim Form (see FAQ 12).

  25. How do I get more information?

    The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement on this website. You also may write with questions to Hertz Parking Violation Fee Settlement c/o Dahl Administration, PO Box 3614 Minneapolis MN 55403-0614 or call the toll-free number, 1-866-238-8360. You can also get a Claim Form on this website or by calling the toll free number.