Delaney v Enterprise Rent-A-Car Company, Inc.
New Jersey Rental Customers' Class Certified Against Enterprise Rent-A-Car
The class has been certified in an action filed against Enterprise Rent-A-Car Company, Inc. and its parent company, ELRAC, Inc. on behalf of persons who rented a vehicle in New Jersey from the company between April 1, 1988, and March 11, 2003, and purchased supplemental liability protection, personal accident insurance, or collision damage waiver as part of the rental. The action, alleging that Enterprise violated state consumer protection law and committed fraud, seeks unspecified compensatory and punitive damages. Persons eligible to participate in this action do not need to take any action at the present time.
Supplemental liability protection and personal accident insurance are insurance products, underwritten by a third party insurance carrier and sold by Enterprise to potential renters. Collision damage waiver transfers the risk of loss for damage to the rental vehicle from the customer to Enterprise. These products are often referred to as SLP, PAI, and CDW, respectively. The action alleges that the insurance policies were sold by Enterprise without having a New Jersey license to sell insurance. Further, it alleges that the company's rental agreement is deceptively designed and worded to intimidate the customer into purchasing one or more of the unnecessary policies.
More specifically, the class is composed of persons who purchased:
(1a) Supplemental liability protection or personal accident insurance between April 1, 1988, and July 30, 1993, or between November 1, 1999, and March 11, 2003; or
(1b) Collision damage waiver between April 1, 1988, and March 11, 2003,
(2) And who did not submit a claim for which benefits were paid under any of the policies.
Please note that Enterprise Leasing Company of Philadelphia is not part of this action and persons who rented from that company in New Jersey are not part of the class in this action.
