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Old November 17th, 2017
flylow7f39 flylow7f39 is offline
Join Date: Nov 2010
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Default California Lawsuit Against ATS, Hertz Goes To Trial

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Photo radar vendor ATS and car rental firm Hertz go to trial to defend against fraud charges brought by the city of San Francisco, California.

"City attorney Dennis J. Herrera says the ATS PlatePass program and Hertz are ripping off renters by charging a $4.95 daily "convenience" fee for using a toll road. Even if a renter uses a toll road just once, the fees accumulate for the duration of the rental until they hit the $24.75 maximum, plus the cost of the tolls themselves. This, Herrera argues, violates the Restore Online Shopper's Confidence Act (ROSCA) prohibition on "data pass" online transactions that allow third parties to charge a credit card at a later date without the consumer's knowldedge and explicit consent.

Hertz insisted that the law does not apply because ATS was not a party to the online transaction with customers, but Judge Karnow expressed doubt."
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