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Old Feb 7, 11, 7:40 am   #1
 
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Nevada Car Rental Settlement

Did anyone get this email? This class action was disclosed in public disclosre documents (http://www.faqs.org/sec-filings/091109/HERTZ-CORP_10-Q/).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA JANET SOBEL, DANIEL DUGAN, Ph.D., LYDIA LEE,
AND MARK SINGER, individually and on behalf of all
others similarly situated,

Plaintiffs,

vs.

THE HERTZ CORPORATION, a Delaware
corporation, ENTERPRISE LEASING COMPANY-WEST,
LLC, a Delaware LLC, and VANGUARD CAR RENTAL
USA, LLC, a Delaware LLC,

Defendants.
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CASE No.: 3:06-cv-00545 LRH-RAM





NOTICE OF CLASS CERTIFICATION
AND PROPOSED SETTLEMENT




TO:
ALL PERSONS WHO RENTED CARS FROM HERTZ AT THE LAS VEGAS OR RENO AIRPORTS DURING THE PERIOD FROM OCTOBER 13, 2003 THROUGH SEPTEMBER 30, 2009 AND WERE CHARGED CONCESSION RECOVERY FEES BY HERTZ.




THIS LEGAL NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.

Why Should I Read This Notice?
What Is This Lawsuit About?
Who Is Covered By The Proposed Settlement?
What Are The Terms Of The Proposed Settlement?
What Do I Need To Do?
Can I Exclude Myself From The Settlement Class?
Who Represents Plaintiffs And The Settlement Class?
Why Do Plaintiffs’ Counsel Support The Settlement?
How Will Plaintiffs’ Counsel’s Fees Be Paid?
Will I Have To Pay Anything?
Will I Receive Any Monetary Compensation?
What Happens If The Settlement Is Approved By The Court?
What Happens If The Settlement Is Not Approved?
Where Can I Get Additional Information?
When and Where Is The Settlement Hearing?
WHY SHOULD I READ THIS NOTICE?
Available records indicate that you are a member of the Settlement Class in the above class action. Your rights may be affected by the proposed settlement of this lawsuit. If approved by the Court, the settlement will provide Settlement Class Members who register (pursuant to the procedures described in paragraph 5 below) with discounts on future rental(s) from Hertz. The proposed settlement is subject to Court approval at a Hearing scheduled for 10 a.m. on May 17, 2011. Your rights to participate in the proposed settlement as well as to object to or comment on that settlement are described below. PLEASE TAKE THE TIME TO READ THIS IMPORTANT LEGAL NOTICE.

WHAT IS THIS LAWSUIT ABOUT?
Plaintiffs claim that during the period from October 13, 2003 through September 30, 2009, defendant The Hertz Corporation (“Hertz”) unlawfully charged Settlement Class Members an additional charge labeled “concession recovery fee” on car rentals at the Las Vegas and Reno, Nevada airports. Hertz denies any wrongdoing, but has agreed to the proposed settlement in order to avoid further litigation.

WHO IS COVERED BY THE PROPOSED SETTLEMENT?
You have been designated as a possible Settlement Class Member because records indicate that you rented one or more cars from Hertz at the Las Vegas or Reno airports during the period from October 13, 2003 through September 30, 2009 and were charged a concession recovery fee in connection with such rental(s). All such persons are members of the Settlement Class unless they exclude themselves as provided in paragraph 6, below.

WHAT ARE THE TERMS OF THE PROPOSED SETTLEMENT?
The following is a summary of the basic terms and conditions of the proposed settlement. You may view the complete Settlement Agreement and other relevant documents at www.NevadaCarRentalSettlement.com. If you do not have Internet access, you may request a copy of the Settlement Agreement from one of the Plaintiffs’ Counsel (whose addresses are listed in paragraph 7, below).

IN SUMMARY, THE PROPOSED SETTLEMENT PROVIDES AS FOLLOWS:

(A)
Benefits Available to Settlement Class Members Who Register

Settlement Class Members who rented from Hertz at the Las Vegas or Reno airports on 1 or 2 occasions during the Class Period are entitled to receive a certificate worth $10 toward a future Hertz rental. Settlement Class Members who rented on 3 or more occasions will receive a certificate worth $20 toward a future Hertz rental. The certificates will be valid for 18 months from date of issue on rentals at any Hertz location in the United States and may be used in addition to other discounts or coupons. Certificates may be transferred only to immediate family members (parents, children, spouses and legally recognized domestic partners) living at the same address. Rentals are subject to availability and standard rental qualifications. The certificates have no cash value.

In addition, subject to Court approval, Hertz has agreed not to oppose an application from Plaintiffs’ Counsel for fees and expenses as well as incentive awards to the Representative Plaintiffs, as described in paragraph 9, below.


(B)
Dismissal of Action and Release of Hertz

If the settlement is approved, the case will be dismissed and all Settlement Class Members will release any claims against Hertz that were asserted or could have been asserted in the case.





WHAT DO I NEED TO DO?

(A)
IF YOU WISH TO OBTAIN THE SETTLEMENT BENEFITS:

To obtain the settlement benefits, you must complete the registration form at www.NevadaCarRentalSettlement.com, which requires some basic information including the certificate registration number above your name on this Notice. YOU MUST COMPLETE THE REGISTRATION FORM BY JULY 18, 2011 AT THE LATEST OR YOU WILL NOT BE ELIGIBLE FOR THE SETTLEMENT BENEFITS.


(B)
IF YOU WISH TO OBJECT TO THE SETTLEMENT OR TO PLAINTIFFS’ COUNSELS’ APPLICATION FOR FEES AND EXPENSES:

Any Settlement Class Member who wishes to object to the settlement and has not excluded himself or herself from the Class, must file a Notice of Objection with the Clerk, U.S. District Court, 400 S. Virginia Street, Reno, NV 89501. That Notice must be postmarked by April 8, 2011 for it to be considered and must briefly state the position(s) you wish to take with respect to the settlement and/or any related matters, such as counsels’ fee application. In addition, you must send a copy of that Notice to the following attorneys by that date:

David B. Zlotnick
david@kkbs-law.com
Law Offices of David B. Zlotnick
625 Broadway, Suite 635
San Diego, CA 92101
(619) 232-0331
Counsel for Plaintiffs
Peter S. Hecker
phecker@sheppardmullin.com
Sheppard Mullin Richter & Hampton LLP
Four Embarcadero Ctr., 17th Floor
San Francisco, CA 94111
(415) 434-9100
Counsel for Hertz


ANY OBJECTIONS TO THE SETTLEMENT MUST BEGIN WITH THE FOLLOWING STATEMENT: “I OBJECT TO THE PROPOSED SETTLEMENT IN Sobel, et al. v. The Hertz Corporation, et al., Case No. 3:06-cv-00545 LRH-RAM, U.S. District Court, Reno, Nevada.” All objections must state the objector’s name, address, and telephone number, shall provide documents to establish membership in the Settlement Class, if possible, and shall provide a written statement of each objection asserted, including all grounds for the objection and reasons, if any, for requesting the opportunity to appear and be heard at the final approval hearing. You must sign the objection personally or by legal counsel.



CAN I EXCLUDE MYSELF FROM THE SETTLEMENT CLASS?
Yes. Settlement Class Members may exclude themselves from the Settlement Class by logging on to www.NevadaCarRentalSettlement.com, providing the requested identifying information and checking the box that states that you wish to exclude yourself from the Settlement Class. You may also exclude yourself by writing to the following address, and signing your request personally or by legal counsel: Nevada Car Rental Litigation, P.O. Box 12786, San Diego, CA 92112-3786. If you exclude yourself, you will not receive any of the benefits of the settlement and you will not give up any claims that you might otherwise assert against Hertz. IF YOU WISH TO EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION THAT IS POSTMARKED ON OR BEFORE APRIL 8, 2011.

WHO REPRESENTS PLAINTIFFS AND THE SETTLEMENT CLASS?
Plaintiffs and the Settlement Class are represented by the following attorneys in this matter:

Arthur Stock
astock@bm.net
Berger & Montague, PC
1622 Locust Street
Philadelphia, PA 19103
(215) 875-3000
David B. Zlotnick
david@kkbs-law.com
Law Offices of David B. Zlotnick
625 Broadway, Suite 635
San Diego, CA 92101
(619) 232-0331
G. David Robertson
gdavid@nvlawyers.com
Robertson & Benevento
50 W. Liberty Street, Suite 600
Reno, NV 89501
(775) 329-5600
www.nvlawyers.com



WHY DO PLAINTIFFS’ COUNSEL SUPPORT THE SETTLEMENT?
Plaintiffs’ Counsel believe that the settlement, which was reached after years of litigation and extended mediation conducted by an experienced judge, reflects a reasonable and fair resolution of the claims asserted in this matter. The Defendants have vigorously contested the merits of Plaintiffs’ claims and the amount of damages, if any, that Settlement Class Members may be entitled to has not been determined. Counsel believe that the settlement fairly compromises the parties’ positions.

HOW WILL PLAINTIFFS’ COUNSEL’S FEES BE PAID?
Plaintiffs’ Counsel will petition for an award of fees and expenses to be paid by Defendants. You will not be responsible to pay any portion of their fees.

If this settlement with Hertz and related settlements affecting certain other car rental brands are approved, Plaintiffs’ Counsel will apply to the Court for a total award of attorneys’ fees, costs and expenses not to exceed $1,440,000, which application the Defendants have agreed not to oppose. In addition, the four Representative Plaintiffs will seek incentive awards, also to be paid by Defendants, in the total amount of up to $20,000.

Plaintiffs’ Counsel have worked on this matter for almost 4 years without being paid and they have advanced considerable amounts to pay for out-of-pocket expenses, including travel, hearing transcripts, expert consultants, etc. Plaintiffs’ Counsel reserve the right to seek a fee and expense award of up to $1,440,000 to compensate them for their time and expenses in representing the Settlement Class in this matter. The Court will ultimately determine whether counsel are entitled to a fee award and the appropriate amount of any such award. Neither the Representative Plaintiffs’ incentive awards nor any attorneys’ fee awarded by the Court or paid by Hertz will decrease or have any other effect on the relief to be provided under this settlement.

WILL I HAVE TO PAY ANYTHING?
No. You are not required to pay anything in connection with the proposed settlement. However, if you choose to hire an attorney to represent you, you will be responsible for that attorney’s fees and expenses.

WILL I RECEIVE ANY MONETARY COMPENSATION?
No. The settlement does not provide Settlement Class Members with any money. The only compensation you are entitled to receive under the settlement are the certificates described in paragraph 4, above.

WHAT HAPPENS IF THE SETTLEMENT IS APPROVED BY THE COURT?
If the settlement is approved, this case will be over (unless someone timely appeals). You will be entitled to receive the certificates described in paragraph 4 and will be prohibited from asserting any claims against Hertz that were or could have been brought in this case.

WHAT HAPPENS IF THE SETTLEMENT IS NOT APPROVED?
If the settlement is not approved, the Settlement Agreement will be null and void and the parties will be returned to their prior positions in the litigation, which will then continue.

WHERE CAN I GET ADDITIONAL INFORMATION?
The Settlement Agreement and certain other documents from the litigation are available at www.NevadaCarRentalSettlement.com. Or you may contact Plaintiffs’ Counsel with any questions.

WHEN AND WHERE IS THE SETTLEMENT HEARING?
While the Settlement Agreement received preliminary approval from the Court on November 23, 2010, the Settlement Agreement will only take effect if it receives final approval from the Court as fair, reasonable, and adequate. The Settlement Hearing for final approval is scheduled for 10 a.m. on May 17, 2011, in Courtroom 5 at the United States Courthouse, 400 S. Virginia Street, Reno, NV 89501. You may attend if you desire, but need not do so. If you wish to be heard at the Hearing, you must file a Notice of Intent to Appear and Be Heard with the Clerk of the Court, United States District Court for the District of Nevada, 400 S. Virginia Street, Reno, NV 89501, Attn: Sobel, et al. v. The Hertz Corp. et al., No. 3:06-cv-00545 LRH-RAM. That Notice must be postmarked by April 8, 2011. In addition, by that date, you must send a copy of that Notice to the attorneys identified in paragraph 5, above.

IF YOU WISH TO APPEAR AT THE HEARING TO OBJECT TO THE SETTLEMENT, YOU MUST NOTIFY THE COURT AND COUNSEL IN WRITING OF YOUR INTENTION TO DO SO, WITH YOUR WRITTEN OBJECTIONS AND REASONS THEREFOR, AS DESCRIBED ABOVE.

DO NOT CONTACT THE COURT OR HERTZ CONCERNING THIS NOTICE OR THE LAWSUIT.
If you have questions, or if you would like more information about this Notice or this case,
you may contact Plaintiffs’ Counsel listed in paragraph 7, above.

Dated: February 1, 2011
/s/ Larry R. Hicks
Larry R. Hicks
United States District Judge
By Order of the Court


This email was sent by:
Sobel v. Hertz Notice Administrator
P.O. Box 6198
Novato, CA 94948-6198

To stop receiving email from this list, please click here.
mudd_stuffin is offline   Reply With Quote
Old Feb 7, 11, 8:02 am   #2
 
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I got one

I got one of these today and I assume it's legit so planned to fill out the registration. The information collected is fairly innocuous (as in, nothing that you couldn't find out about me anyway if you were at all diligent in searching).

As with most class actions, the settlement benefit isn't much of anything but it's at least worth getting, I guess. Most of my rentals are for business but I do rent personally once in a while so why not.
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Old Feb 7, 11, 11:51 am   #3
 
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I got one as well. I thought it might be spam or phishing, but in looking it up, it appears legit. It says we've got till May to file for part of the settlement.
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Old Feb 8, 11, 9:23 am   #4
 
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Yes, I got the email and completed the registration form. It's definitely legit and I am looking forward to getting a $10 or $20 discount on a future Hertz rental.
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Old Feb 8, 11, 2:23 pm   #5
 
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I also received this in my email and the dates on the proposed settlement match my rental history in LAS.
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Old Feb 8, 11, 5:14 pm   #6
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Ugh, I have at least 5 or 6 during the time period. Might be better off opting out and suing for a straight refund of the fees, which was like $7 on the last couple of rentals.

But I have to wonder what's special about the time period of the lawsuit, particularly the 9/30/09 cutoff. I had a March '09 and a November '09 Hertz rental from LAS and both had a ~$7 "airport concession fee recovery" charge in the rental. Why was the one in March unlawful and the one in November lawful?
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Old Feb 8, 11, 5:22 pm   #7
 
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Quote:
Originally Posted by ijgordon View Post
Ugh, I have at least 5 or 6 during the time period. Might be better off opting out and suing for a straight refund of the fees, which was like $7 on the last couple of rentals.

But I have to wonder what's special about the time period of the lawsuit, particularly the 9/30/09 cutoff. I had a March '09 and a November '09 Hertz rental from LAS and both had a ~$7 "airport concession fee recovery" charge in the rental. Why was the one in March unlawful and the one in November lawful?
Maybe statute of limitations or the court had to decide on a cut-off period.
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Old Feb 9, 11, 11:40 am   #8
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What? I have several hundred rentals from LAS. Did that come by email?

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Old Feb 10, 11, 4:00 pm   #9
 
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Yes email - came from donotreply@nevadacarrentalsettlement.vertismail.co m and mine hit my junk mail folder in outlook.

When I seen it first on my phone with heading only "Court-Ordered Notice re: Nevada Car Rental Settlement", I thought crap I'm getting screwed on one of my rentals!
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Old Feb 15, 11, 6:46 pm   #10
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I received a hard copy in the mail for this case this morning (Sobel v. Hertz) - registration was just basic information, I guess they already know when/how many times I rented the car.

Settlement is a whopping $10 cert but better than nothing, I guess
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Old Feb 17, 11, 11:33 am   #11
 
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I got one also, went to the site and excluded myself.

Can't stand these parasitic lawyers trying to make a quick buck for themselves on my back. They get $1.44m (and I'm assuming thats x5 since they're sueing 5 companies) and I get a $10 cert?? screw them
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Old Feb 20, 11, 10:16 am   #12
 
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Got One, Suspect a Scam

I also received this but as a letter posted to me in Scotland with a Royal Mail stamp, indicating it was posted here in the UK.
I did hire a car at Reno from Alamo within the dates which are slightly different from the e-mail, the dates in my letter are June 3 2007 and September 30 2009.
However the case references and details are false.
It is possible to check all Nevada case references at this site both by number and plaintiffs and defendants on their website
http://www.nvd.uscourts.gov/IndexCas...cationroot.asp
None of the details show up and the case reference format is different. It should be of the form; CV-N-08-00545 not 3:06-cv-00545 LRH-RAM
I am not sure of the point unless once you register they than reply that the case is worth a lot of money but you need to pay a fee to collect any benefit
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Old Feb 20, 11, 12:39 pm   #13
 
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Answer please

Quote:
Originally Posted by aceman View Post
I got one also, went to the site and excluded myself.

Can't stand these parasitic lawyers trying to make a quick buck for themselves on my back. They get $1.44m (and I'm assuming thats x5 since they're sueing 5 companies) and I get a $10 cert?? screw them
exactly how are you screwing the lawyers by opting out? They will get their fee and you will get nothing. Seems like the wrong person getting screwed
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Old Feb 20, 11, 12:52 pm   #14
 
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Quote:
Originally Posted by aceman View Post
Can't stand these parasitic lawyers trying to make a quick buck for themselves on my back. They get $1.44m (and I'm assuming thats x5 since they're sueing 5 companies) and I get a $10 cert?? screw them
make sure that you ensure you get the illegal concession recovery fee added onto every rental you make, since those "parasitic lawyers," who worked for over four years without pay to "make a quick buck" of $1.44m (total, not x5), got it removed.
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Old Feb 21, 11, 7:03 am   #15
 
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I received an e-mail regarding the class action suit. I wonder how they obtained my e-mail address? Presumably because I made a few Las Vegas reservations on line? In any event it is hardly worth the time and effort to join this suit for a $10 or $20 certificate.
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