The rate you booked isn't the rate you pay
Hertz advertises a low daily rate to win the booking. By the time the final receipt prints, that rate has picked up a stack of add-ons: a concession recovery fee of roughly 11%, a vehicle license recovery fee of about $2.46 per day, and facility and energy surcharges. These are not taxes. They are Hertz's own operating costs, such as airport concession payments, fleet licensing, and facility overhead, broken out of the advertised price and billed back to the renter as though they were government charges.
The result is that the price used to compare Hertz against other rental companies is not a price anyone can actually pay. Regulators call this drip pricing: advertising one number and collecting a materially higher one.
PlatePass: the toll program renters didn't ask for
PlatePass is Hertz's electronic toll program, billed at roughly $28 per day, about $140 for a week's rental, on top of the tolls themselves. Renters report being enrolled automatically, and the program's activation rule reaches far: merely opening the transponder's shield box can "activate" billing for the rental, even for renters who declined the program at the counter.
A driver who passes through a single $2 toll can come home to well over $100 in program charges they never agreed to pay.
Hertz has paid to settle these claims before
This is not a new complaint. A private class action over undisclosed PlatePass auto-enrollment, Doherty v. Hertz, settled for $11 million in the District of New Jersey, with final approval in 2014. Florida's Attorney General separately reached a settlement with Hertz over inflated toll fees.
Renters keep reporting the same experience years later: surprise recovery fees on the receipt and toll-program charges appearing after the rental closed. Past settlements addressed past conduct; the pricing practices renters describe today are what this investigation is about.
What the law says
Every state has a consumer-protection statute, often called a UDAP or "mini-FTC" act, prohibiting deceptive advertised pricing and unauthorized add-on charges, and Section 5 of the FTC Act prohibits unfair and deceptive practices nationally. California goes further: its rental-car statutes set specific disclosure standards for mandatory rental fees and damage waivers.
Applied here, the questions are straightforward. Was the advertised daily rate a price a renter could actually pay? And did the renter actually agree to the toll program that billed them by the day? Depending on the state, remedies can include a refund of the unauthorized charges, statutory damages, and in some states multiplied damages plus attorney's fees.
Were you affected — and what you can recover
You may have a claim if you rented from Hertz and either paid mandatory fees that were not included in the advertised rate, or were billed PlatePass program fees you did not knowingly accept, especially if you declined the program and were charged anyway.
Keep what you have: the booking confirmation showing the quoted price, the final receipt, and any PlatePass billing statement or charge on your card. Maginnis Howard pursues these claims for renters individually, and there is no fee unless money is recovered for you. Answering the short questionnaire on this page is how we determine whether your rental qualifies.
The legal basis
Why this may be illegal
Hertz advertises a low daily rate, then stacks concession-recovery (~11%), vehicle-license-recovery (~$2.46/day), and facility/energy fees on top — and auto-enrolls renters in PlatePass tolls at ~$28/day (~$140/week), where merely opening the transponder box "activates" billing even after declining. A private class action over undisclosed PlatePass auto-enrollment settled for $11M (Doherty v. Hertz, D.N.J., final approval 2014), and Florida's Attorney General separately settled with Hertz over inflated toll fees.
The law
State UDAP + FTC Act § 5 + CA Civ. § 1939.19.
What you could recover
What you can recover starts with the charges themselves: the toll-program fees you were enrolled in without agreeing to them — around $28 a day on Hertz's program — and the concession-recovery, vehicle-license-recovery and facility fees added on top of the rate you were quoted, which commonly add 30% to 100% to the advertised price.
How much beyond that depends on where you rented. California allows your actual losses or a $1,000 minimum, plus restitution, and California law separately requires rental fees to be disclosed before you book. New Jersey triples damages and adds attorney fees. The District of Columbia allows your actual damages or $1,500 for each violation.
This is not new ground for Hertz: its undisclosed toll-program enrollment settled for $11 million, with final approval in 2014.
How your claim would be handled
Claims like this are handled as individual arbitration cases — private proceedings, no courtroom. For Hertz, cases are typically administered through AAA.
What They Advertised* vs. What You Actually Paid*
| What They Advertised* (1-day rental) | $45.00 |
| Concession Recovery Fee | +$6.75 |
| Vehicle License Recovery Fee | +$2.50 |
| Toll Program Daily Fee | +$5.95 |
| Energy Recovery Fee | +$1.50 |
| Tax | +$4.28 |
| What You Actually Paid* (After Hidden Fees & Tolls) | $65.98 |
Figures shown are illustrative examples, not records of an actual transaction; your amounts may differ.
Think you're affected? Check if you qualify and sign up in about two minutes — no upfront cost.
Check if you qualifyFrequently asked questions
Do I have to pay for this?
You don't pay anything unless we recover compensation on your behalf. Our legal team works on contingency — we only get paid if you do.
Do I need proof of my rental?
You don't need proof to sign up today, but we'll eventually ask for a receipt, confirmation, or credit card statement.
How far back can my rental be?
Generally, rentals within the last 4 years may qualify, depending on your state.
Will I have to go to court?
No, we will file everything on your behalf.
What is Maginnis Howard?
Maginnis Howard is a consumer protection and personal injury law firm serving clients nationwide. You may find more details about us at www.carolinalaw.com.
What if I have other questions?
For all other questions, contact us at unlawfulcharges@carolinalaw.com.
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Ian is an excellent communicator who knows how to work with these companies to obtain a resolution and get you the best settlement offer possible. I highly recommend Ian and the Maginnis Howard law firm for anyone navigating the arbitration process.
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