I disagree with this (I am a lawyer). The law generally requires full disclosure and/or a contractual relationship. They may not have to hand over the terms as the renter drives out the gate, but they have to provide them to the renter in a reasonable manner. At no time when I rented my car did I receive the terms and conditions. And, while I did receive an e-mail during my rental that said "Hertz Gold Rental Agreement," the e-mail did not contain the terms, nor was there a link to where I could find the terms. Bottom line--I tried to find the applicable T&Cs and I was unable.

As proof of what I'm saying, all you have to do is look to the suit by San Francisco against Hertz relating to toll fees. In that case, the renters DID receive T&Cs disclosing the toll fees, but the city is arguing that the terms governing the tolls was buried too deep in the T&Cs. So, if this is deceptive, then clearly not receiving ANY T&Cs is worse.


I wholeheartedly disagree with this characterization. Do you like hidden fees and gotchas that only show up on your bill after you use/consume a product? All I'm asking for is to pay the fees that I was made aware of up front. In this case, I was never made aware of the PlatePass fees. You may argue that in past rentals I've paid this, but this is irrelevant--Hertz changes their T&Cs frequently, and in fact, has different T&Cs at different locations (indeed, I've never rented a car at this location before). Given this, I think it is fair to say that past rental T&Cs are not a true indicator of what future rental T&Cs are.