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Florida Sets the Pace on Disclosure of Car Rental Companies’ Toll Surcharges


It was a summertime story that was eclipsed (especially this week) by bigger breaking news, and largely fell off the radar as people rotated in and out of vacation mode. But in mid-July, Florida announced an important boost for any of those vacationers who were planning to visit the state and rent vehicles while they were there.
Along the way, Attorney General Pam Bondi charted a practical course for clearing a long-standing irritant between toll authorities and rental car companies.
Bondi, in a press release dated July 11, 2017, said, “Avis, which also owns Budget and Payless rental car companies, have agreed to ‘clearly and conspicuously’ disclose that it charges $3.95 a day to customers who rent their cars and who encounter toll booths that allow only electronic payments. The companies also must disclose the fee on their websites, in their online reservation paths, and at the rental car counter. They must also tell consumers how to avoid it.”
Putting the Customer First
You’d think it was simple enough: a company that is really committed to putting the customer first should be prepared to let people know what they’ll pay for a service, with no hidden fees and no unpleasant surprises.
But in too many jurisdictions over too many years, car rental outfits have been following the practice that Avis has now disavowed. Vacationers were understandably upset. Many of them blamed the tolled roads, bridges, and tunnels that helped them get where they were going and enjoy a hassle-free holiday.
In Florida, as the Miami Herald noted, “complaints have escalated as the state has increased the number of all-electronic toll roads, undermining Florida’s image as a tourist-friendly destination.”
Toll operators in some jurisdictions have been going to bat for their customers. It’s been a tough battle to fight. But in Florida, the effort paid off, in the form of an out-of-court settlement between the state and the three companies.
Money in Drivers’ Hands
“Bondi said that since her office began its investigation, Avis, Budget and Payless have provided more than $1 million in refunds to customers,” the Miami Herald noted. “The settlement requires the three companies provide refunds to any customers who are charged for e-toll fees without sufficient disclosures and who have not already been reimbursed, and who seek a refund.”
The settlement makes no allowance for customers who don’t make the effort to get the unannounced fees reimbursed. And consumers are still going after the big fish, Dollar Thrifty, which assesses a $15 administrative fee for every cashless toll a customer misses, up to a $90-per-day maximum. That particular bit of fine print is the subject of a long-running class action suit before a U.S. District Court judge in Miami.
But a win is still a win, and Florida has delivered a big one. If the precedent spreads beyond a single state, rental car customers will get some long-overdue and well-earned relief.
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