Attention Hertz, Dollar, or Thrifty Customers Who Reserved Online and Rented A Car for Pick Up in Mexico Between May 24, 2009 and December 31, 2018
The notice may affect your rights. Please read it carefully.
November 23, 2021 — Exclusion Deadline
November 23, 2021 — Objection Deadline
November 23, 2021 — Claim Deadline
December 14, 2021 — Fairness Hearing
- The notice concerns a bankruptcy proceeding involving the companies the Hertz Corporation and Dollar Thrifty Automotive Group, Inc. (collectively “Hertz DTAG”), which offered rental cars for pick up in Mexico.
- This class action settlement will resolve a lawsuit against Hertz DTAG and will affect all persons who, in the U.S., reserved online and rented a Hertz, Dollar, or Thrifty rental car with pick up in Mexico between May 24, 2009 and December 31, 2018 (the “Class”).
- In 2013, litigation was filed against Hertz DTAG and Hotwire, Inc. (“Hotwire”) on behalf of the Class. The lawsuit alleged that Hertz DTAG advertised the cost of renting a car in Mexico without advising customers of alleged mandatory insurance for Mexico-based rentals. The lawsuit also alleged that customers were charged an inflated exchange rate when converting U.S. dollars to the Mexican peso. Hertz DTAG denies the allegations and denies all liability.
- After Hertz DTAG filed for bankruptcy on May 22, 2020, the purchaser who started and pursued the lawsuit (“Plaintiff”) filed a claim in the bankruptcy case on behalf of a purported class.
- An agreement has been reached between the Plaintiff and Hertz DTAG. It allows a general unsecured nonpriority claim against The Hertz Corporation in the aggregate amount of $20,000,000 to the class.
- Each Class member who files a claim will receive a refund of $26 per day for his or her completed Hertz, Dollar or Thrifty car rental in Mexico between May 24, 2009 and December 31, 2018 (the “Class Period”). The claim must be verified by rental records produced by Hertz DTAG and its Mexican licensees during the course of the litigation. If fewer claims are submitted than expected, the refunded amount for each day’s rental may be more than $26. If more claims are submitted than expected, the refunded amount for each day’s rental may be less than $26.
- Plaintiff and his lawyers who brought the lawsuit will ask the Court to reimburse them for their out-of-pocket expenses, attorneys’ fees and bankruptcy-related financial advisor fees of approximately $8,739,661.73, and $75,000 in incentive awards. These amounts will be paid out of the $20 million to be distributed to the Class.
- Your legal rights are affected whether you act or don’t act. Read the notice carefully.
This website summarizes the proposed settlement. For the precise terms and conditions, please read the settlement agreement. Alternatively, you can contact the claim administrator at firstname.lastname@example.org or at 855-545-0882 or Class counsel at Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
|YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT||DEADLINE|
SUBMIT A CLAIM FORM
|The only way to receive payment under the settlement for your Hertz, Dollar, or Thrifty rental in Mexico.||November 23, 2021|
|Get out of the settlement. You will receive no payment. (Excluding yourself will not allow you to make separate claims against Hertz DTAG, as the deadline to file such claims in the bankruptcy case has passed.)||November 23, 2021|
|Write to the Court about why you do not like an aspect of the settlement, the amount of attorneys’ fees, costs, or the payment to the Plaintiffs.||November 23, 2021|
GO TO A HEARING
|Speak in Court at the hearing on December 14, 2021 at 10:30 a.m. (ET) about the settlement (if you object to any aspect of the settlement, you must submit a written objection by the deadline.)||November 23, 2021|
|You will receive no payment and have no right to sue later for the claims released by the settlement, and you will be deemed to have consented to the Court’s jurisdiction and authority to enter a final order on the settlement.|
- These rights and options—and the deadlines to exercise them—are explained in the notice.
- The Court still has to decide whether to approve the settlement. Payments will be made only if the Court approves the settlement and only after distributions are made by Hertz DTAG’s claims administrator in the ordinary course of validating and paying out other claims asserted in the bankruptcy case. If there are appeals, payment will not be sent until the appeals are resolved and the settlement becomes effective. Please be patient and continue to check the settlement website for updates.
Final Approval Fairness Hearing
On December 14, 2021, at 10:30 a.m. EST, the Court will hold a hearing to determine (1) whether the proposed settlement is fair, reasonable and adequate and should receive final approval; (2) whether to grant the applications for attorneys’ fees and/or expenses brought by the Plaintiff’s Counsel; and (3) whether to grant the application for a Class representative payment to the Plaintiff who brought the lawsuit. The hearing will be held in the United States Bankruptcy Court for the District of Delaware, 824 N. Market St, Wilmington, DE 19801. The hearing will be held in the courtroom of the Honorable Mary Walrath. This hearing date may change without further notice to you. Consult this website for updated information on the hearing date and time.