I've been locked in pre-litigation combat with Hertz Corp. for almost a year, and I'm tapping out.
The problem is simple: The Thrifty Car Rental (Thrifty is a Hertz company) at Memphis Airport (MEM) has been renting cars that it doesn't have. Customers get stranded for hours, until a car comes in, rolling the problem forward. And Hertz is OK with it.
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| Frustrated Thrifty customers wait hours for cars in Memphis (Mar. 2023). There's not even seating. RJ Peltz-Steele CC BY-NC-SA 4.0 |
Here's a rough timeline.
● March 2023: I show up for a car rental in Memphis with a time-sensitive work schedule. They're "out of cars." Lots of people are milling about in the same predicament. Hours later, I get a car, not before my work plans are screwed up. A check of online reviews reveals that this is business as usual for Thrifty MEM.
● Later March 2023: I complain to Thrifty and the Tennessee AG and ask for just one day's refund and that the deceptive practice be abated.
● May-June 2023: Hertz Executive Customer Service reaches out to offer $50 off a future rental and pledges that what I experienced is not Hertz/Thrifty's normal mode of business. In exchange for the coupon and assurance, I drop the matter with the Tennessee AG.
● October 2023: I discover that the $50-off coupon is a sham. The coupon can only be redeemed at the rental counter. Premium for paying at the rental counter: $50. I ask the Tennessee AG to reopen the matter.
● Also October 2023: I investigate online reviews of Thrifty MEM and discover that they still are renting cars they don't have, leaving customers stranded for hours or longer. I report my finding to the Tennessee AG. The Tennessee AG suggests I also report the matter to Hertz's home jurisdiction, Florida. So I forward the report to the Florida AG.
● November 2023: In response to my reopening of the settlement with the Tennessee AG, Hertz says take a hike. The Tennessee AG closes the matter, because, you know, what can you do.
● December 2023: I send Hertz a demand letter, alerting the company that sending a sham coupon to a Rhode Island resident and knowingly doubling down on the sham renders the company liable for treble statutory damages of $1,500 under R.I. consumer protection law.
● January 2024: Hertz gives me 1,900 "Gold Plus Rewards" points for one day's car rental, in place of the $50 coupon. I find out the points are just as useless when I need a rental from IAD to BWI; points can't be used on one-way rentals. Meanwhile, Hertz replies angrily to my report to the Florida AG, accusing me of seeking unjust enrichment by complaining in multiple states. Oh, and Hertz tells me again to go take a hike.
That brings us to today.
Feb. 12, 2024
Hertz Corp. d/b/a Thrifty Rental Car
Attn.: General Counsel
8501 Williams Rd.
Estero, Fla. 33928
Open Letter
Dear sir or madam:
I write in regard to the matter originating in a car rental reservation with Thrifty at the Memphis International Airport on March 28, 2023; your subsequent proffer of a sham coupon for a subsequent Thrifty rental; my demand of Dec. 17, 2023, for compensation accordingly under Rhode Island consumer protection law; and your subsequent award of 1,900 “Gold Plus Rewards” points.
I accept your award of the points in abeyance of my demand. I have grave doubts that the points are of any use to me. I already have discovered that I could not use them for a one-way rental from IAD to BWI; they cannot be redeemed on one-way rentals. And I don’t foresee a need in the future for a one-day car rental anywhere, certainly not before the points expire. Nevertheless, I choose to see the award as a gesture of good faith.
In return, I ask just one more thing of you: Hear me out on the following points.
(1) I never wanted from you money, coupons, or points. I demanded the sum of only one day’s rental cost as nominal and symbolic. What I really wanted was simply that you stop your Memphis MEM Thrifty provider from accepting car reservations for cars they do not have, leaving customers stranded. Ms. Walsh of Hertz Executive Customer Service wrote that that was not the business practice of Hertz and Thrifty (nor, one presumes, Dollar). That assurance was false. My investigation of online reviews revealed that the deceptive practice continued unabated at MEM. I subsequently rented from another company at MEM and saw the usual crowd of distressed travelers camped out at the Thrifty counter. Shame on you.
(2) A “$50 off”-at-the-counter coupon when you charge $50 more for transactions at the counter is a sham, plain and simple. I reiterate, I didn’t want your coupon. I would’ve dropped the matter if you simply abated the deceptive practice. I decided to redeem the coupon only when it became clear that you were determined to continue to allow deception in your business at MEM. Even to buy me off, you could not even make an honest offer. Shame on you.
(3) I informed the Tennessee and Florida AGs of the ongoing deceptive business practice at MEM. Authorities should be informed, even if, as usual, they do nothing. I forwarded the notice to the Florida AG only because the Tennessee AG bid me do so. I did not ask for anything in Florida; I did not want dispute resolution in Florida. The Florida AG, whether for incompetence or willful indifference, entered the notice into a private-dispute resolution system. Ms. Walsh responded in Florida with something like outrage that I had dared to complain about you in another jurisdiction. Let’s be clear: Your MEM provider was engaged in a deceptive business practice. I notified civil enforcement authorities in that jurisdiction. They urged me to notify civil enforcement authorities in Hertz’s home jurisdiction. So I did. I asked for nothing from or in Florida. Don’t accuse me of some kind of profiteering off of your poor choices.
You know as well as I do that you can get away with deception at MEM, and anywhere else you want to, and with your profound commitment to stick your head in the sand about it only because antitrust and consumer protection enforcement in your industry is a joke. I wish I could say I’ll never rent again from Hertz companies. But of course I will. I won’t have a choice.
I understand how you get away with deception and subterfuge, but what I cannot understand is why. It would be so easy simply to run an honest business. Don’t accept reservations for cars you don’t have. Don’t tell customers you’re doing one thing and do another. If you give someone $50 off, give someone $50 off. I’m sure Hertz is big and successful enough to stay in business without relying on deception.
Is it really so hard just to be honest?
Sincerely,
/s/ Rick J. Peltz-Steele
Cc: [Ms. Walsh]; [Tenn. AG]; [R.I. AG]; [Fla. AG]
