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Case ID: 3486 | Automotive | 06/15/2004
A class action has been filed against the Washington state Department of Licensing on behalf of state drivers whose licenses were suspended through the mail, who allege that their right to due process of law has been violated since they have no opportunity to contest potential errors. The action seeks unspecified compensatory damages.
The Washington state Department of Licensing has admitted that it sends out more than 300,000 drivers license suspension notices to this drivers each year. The notices give drivers a 30-day window to pay the fine, but offer no procedure to correct errors. The present lawsuit comes after the state Supreme Court struck down two laws allowing the practice as unconstitutional, ruling that the state Department of Licensing violated drivers’ rights to due process. Supreme Court Justice Richard Sanders wrote that the statutes "are contrary to the guaranty of due process because they do not provide adequate procedural safeguards to ensure against the erroneous deprivation of a driver's interest in the continued use and possession of his or her driver's license." The decision described one incident where a driver had his license erroneously suspended after a mistake from the court gave him an unpaid parking ticket. Despite his best efforts, the driver could not get a hearing to correct the mistake until more than a month after his license had been suspended. Drivers arrested for third-degree license suspensions typically have their licenses suspended because they failed to pay tickets for minor traffic violations, such as speeding, or failed to appear for a court hearing. In contrast, drivers arrested for first- and second-degree license suspensions are those whose licenses were suspended for being habitual traffic offenders, driving while intoxicated, reckless driving and other serious traffic offenses. The action seeks compensation for the $20 reinstatement fee and $13.70 re-licensing fee paid by each driver to have his or her suspended license restored. In the Supreme Court case, the Department admitted that it issued 1,179,210 letters of suspension in the years 1999 through 2001. The suit also seeks to clear third-degree license suspensions from drivers' records. Having the suspension wiped off a driving record will have additional monetary consequences because license suspensions are flagged by insurance companies and often result in a driver's insurance rates increasing by hundreds of dollars. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Automotive Cases of Interest A class action lawsuit was filed in the Eastern District of Michigan on behalf of
plaintiffs, against the Automobile Club of Michigan. The lawsuit alleges violation of ERISA against defendant Automobile Club of Michigan (AAA), failure to maintain records; failure to credit hours of service required by ERISA; and violation of FLSA Claims (Fair Labor Standards Act) against defendant Automobile Club of Michigan. Several class actions have been filed against financial services company Washington Mutual, Inc., (NYSE: WM) and certain of its officers and directors by stockholders who purchased the company's common stock between April 15, 2003, and June 28, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. If you are thinking about leasing a vehicle, or don't know if you should lease, please look into the pros and cons very carefully before making your decision. A Florida class action has been filed against auto financing company BMW Financial Services NA, LLC, on behalf of vehicle lessees who allege that the company charged them "taxes" that were actually just hidden fees to cover wear and tear, and excess mileage on the vehicles, in violation of Florida consumer protection laws and the federal Consumer Leasing Act. Florida's laws protect consumers from businesses that would otherwise harm them. The parties have reached a tentative $6.9 million settlement in an action filed against automobile retailer AutoNation, Inc. on behalf of Floridians who allege that, from August 6, 1995, through October 31, 2000, the company failed to deliver correctly signed retail installment contracts in connection with the sale of new and used motor vehicles in violation of Florida's Motor Vehicle Retail Sales Finance and Deceptive and Unfair Trade Practices Acts. To recover under the settlement, you must submit a claim form no later than July 29, 2003.
A class action lawsuit has been filed in federal court against General Motors Corporation. The case involves product liability claims and was originally filed in state court in Bergen County New jersey but has not been removed to the federal court system at the request of the defendants. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A national class action has been filed in Illinois against the General Motors Corporation and the Goodyear Tire and Rubber Company. The action is brought on behalf of all U.S. residents who purchased Chevrolet Corvette automobiles manufactured between 1994 and 2004. The Corvette owners claim that the Goodyear tires that came as standard equipment on their automobiles were defective because they allegedly failed at approximately 12,000 miles and were not covered under warranty. The Corvette owners claim that GM and Goodyear's conduct amounts to consumer fraud and fraud by omission and are seeking the replacement cost of the tires as well as damages for inconvenience and injunctive and declaratory relief.
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