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Settlement+Agreement+Avis.Pdf IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA. In re: Investigative Subpoena Duces Tecum issued by the Florida Attorney General, Department of Legal Affairs, Consumer CASE NO. 2017 CA 000122 Protection Division, to AvisBudget Group, Inc. and Payless Car Rental System, Inc. SETTLEMENT AGREEMENT This Settlement Agreement ("Settlement Agreement") is entered into by and between the Office of the Attorney General, State of Florida, Department of Legal Affairs ("Attorney General"), on one hand, and Avis Budget Car Rental System, LLC, and Payless Car Rental, Inc., (collectively "ABCR"),1 on the other, and is effective as of the date of the last signature on the Settlement Agreement. RECITALS 1. Whereas, ABCR, through its subsidiary entities, is engaged in the car rental business throughout the State of Florida; 2. Whereas, there are toll roads, including many that are cashless, established and operated by the State of Florida or various political subdivisions of the State. On cashless toll roads, drivers are unable to pay for tolls with cash and are billed Avis Budget Car Rental System, LLC, and Payless Car Rental, Inc., are subsidiaries of AvisBudget Group, Inc., the petitioner in this action. The terms of this Settlement Agreement do not apply to: (a) Budget Truck rentals; (b) Zipcar rentals; or (c) rentals made by independently owned and operated Avis, Budget, or Payless licensees. EXHIBIT A for use of the toll road by either a transponder systemor a plate recognition system; 3. Whereas, all major car rental companies operating in Florida charge foruse of an electronic toll payment service. ABCR does so through itsown toll service known as e -Toll.Consumers have the option of using the e -Toll program and paying a daily fee for use of the program, in addition to the costs of the tolls incurred; 4. Whereas, if a consumer in an ABCR rental vehicle goes througha cashless toll or drives through an electronic only toll lane at a toll station and does notuse his or her own transponder, the consumer is automatically enrolled ine -Toll. Currently, ABCR assesses the consumer a service fee for each day of the rental including any days on which e -Toll is not used, up toa maximum amount per rental month, plus incurred tolls at the maximum prevailing rate posted by the toll authority; 5. Whereas, the Attorney General has received complaints fromconsumers regarding the following scenarios: a. Consumers alleged ABCR charged consumers a daily service fee for use of a toll service to pay for tolls on cashless toll roads without disclosing the existence of the service fee; 2 b. Consumers alleged ABCR charged consumers for Ancillary Products, as defined below, when consumers claimed they specifically declined the Ancillary Products; and c. Consumers alleged ABCR charged consumers the cost of upgrading a vehicle to a higher class level without adequately disclosing the cost of the upgrade; 6. Whereas, at all times relevant to this Settlement Agreement, ABCR has provided disclosures of various types regarding the costs associated with use of its e -Toll program, which have included at various points in time disclosures in vehicles, online, and in rental documents; 7. Whereas, ABCR denies that it has engaged in any deceptive or unfair trade practice, and specifically denies that its current and former practices for enrolling, billing or representing its services are in any way deceptive, unfair, or violative of Florida law; and 8. Whereas, the Attorney General acknowledges that ABCR has acted in good faith and fully cooperated with the Attorney General during the course of this investigation. NOW, THEREFORE, in consideration of the covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which 3 are hereby acknowledged, and intending to be legally bound, ABCR and the Attorney General agree as follows: DEFINITIONS 9. "Clear and Conspicuous" or "Clearly and Conspicuously" means readily noticeable and readily understandable. When evaluating whether a statement is clear and conspicuous, the following factors shall be considered: a. Whether the statement is sufficiently prominent as to be readily noticeable and readily understandable. b. Whether the statement is expressed on its own instead of in the midst of other information. c. Whether the statement is expressed in plain and simple language. d. Whether the statement is in close proximity to any statement(s) that it purports to clarify, or to which it is logically related. e. Whether the statement is consistent with other statement(s) and is not confusing. f.Whether the statement is presented without distractions that compete for the attention of the consumer. g. Whether the statement is presented so as to omit any inconsistent information. h. Whether the statement is easily read by the consumer. 4 i.Whether the statement is presented prior to the consumer incurring any financial obligation. 10. "Ancillary Products" shall mean any items that are offered toconsumers for additional daily charge including but not limited to such products as Loss Damage Waiver, Partial Damage Waiver, insurance products, satellite radio, GPS devices, and car seats. 11. "Express Consent" means an affirmative act that is clear and unambiguous evidence of a person's intent.Where this term is used in this Settlement Agreement, for rentals made through a master rental agreement or a corporateor business account, Express Consent is provided through the terms and conditions set forth in the applicable master rental agreement or corporate or business account and need not be provided by any other means or mechanisms set forth herein. 12. "Matters Investigated" shall mean those matters set forth in paragraph 5 of this Settlement Agreement. 13. "MajorCommercialAirports"shallmeanthosecommercialand international airports in Florida listed below, provided andso long as ABCR maintains or opens a car rental facility at the airport: Daytona Beach International Airport at Daytona Beach (DAB); Fort Lauderdale -Hollywood International Airport at Fort Lauderdale (FLL); Southwest Florida International Airport at Fort Myers (RSW); St. Lucie County International Airport at Fort Pierce (FPR); 5 Gainesville Regional Airport at Gainesville (GNV); Jacksonville International Airport at Jacksonville (JAX); Key West International Airport at Key West (EYW);MelbourneInternationalAirportatMelbourne(MLB);Miami International Airport at Miami (MIA); Ocala International Airport (Jim Taylor Field) at Ocala (OCF); Orlando International Airport at Orlando (MCO); Orlando Sanford International Airport at Orlando (SFB); Northwest Florida Beaches International Airport at Panama City Beach (ECP); Pensacola Gulf Coast Regional Airport at Pensacola (PNS); Charlotte County Airport at Punta Gorda (PGD); Sarasota -Bradenton International Airport at Sarasota / Bradenton (SRQ); Northeast Florida Regional Airport atSt.Augustine (GGJ);St.Petersburg -Clearwater International Airport at St. Petersburg (PIE); Tallahassee Regional Airport at Tallahassee (TLH); Tampa International Airport at Tampa (TPA); Northwest Florida Regional Airport at Valparaiso (VPS), Palm Beach International Airport at West Palm Beach (PBI), and any other public, commercial airports that may come into existence in Florida that serve international or commercial flights where ABCR maintains or opens a car rental facility. 14. "Online Reservation Path" shall mean the steps which a consumer goes through to reserve an ABCR vehicle on an ABCR proprietary website.The reservation path includes each separate webpage that a consumer sees throughout 6 the reservation process up to and including the final page confirming the details of the reservation. 15. "Represent" (including "representing") shall mean stating orally, in writing, or by any electronic means, expressly or by implication, by affirmative statements or material omissions. Conduct Relief 16. In regards to the Matters Investigated, ABCR shall engage in the following conduct: e- Toll 17. ABCR's websites shall Clearly and Conspicuously disclose information about the existence of toll roads, including cashless toll roads, in Florida and all fees and costs of ABCR's e -Toll program including the daily service fees charged for use of ABCR's e -Toll program. ABCR shall also Clearly and Conspicuously disclose that the service fees charged for e -Toll are charged by ABCRor its service provider and not the State of Florida. ABCR currently provides e -Toll disclosures on its websites at the following locations; however, ABCR is not required to continue making its website e -Toll disclosures in the same format and with the same content asit currently does as long as the disclosures are Clear and Conspicuous: 7 a.http s ://www. avis. com/car- rental/content/display. ac?contentId=etoll- servi ce-US_en- 001366. b. www. budget. com/budgetWeb/html/en/smarts ervices/etollfaq. html. c.http s ://www.p ayles s car. com/etoll. 18. The Online Reservation Path on ABCR's websiteshallClearly and Conspicuously disclose the cost and terms and conditions of ABCR's e -Toll program. ABCR currently provides a disclosure on its Online Reservation Path; however, ABCR is not required to continue making its Online Reservation Path e- Toll disclosure in the same format and with the same content as it currently does as long as the disclosures are Clear and Conspicuous. 19. When the customer provides an email address or cell phone number for reservations made on ABCR's website, ABCR shall continue to
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