Venerus, et. al. v. Avis Budget, et al

Frequently Asked Questions

1. What is a Class Action?

   A class action is a lawsuit in which one or more individuals bring claims on behalf of other persons or entities. These persons or entities are referred to as a “Class” or “Class Members.” In a certified class action, the Court resolves certain issues, legal claims, and/or defenses for all Class Members in a single action, except for those persons or entities who timely request to be excluded from the Class.

2. What is this Class Action About?

   The Settlement resolves a lawsuit claiming that Avis Budget Car Rentals, LLC and Budget Rent A Car System, Inc. (together, “Avis Budget”) breached its rental contracts by failing to purchase a $1 million supplemental liability insurance (“SLI”) policy from ACE American Insurance Co. for individuals who are not United States citizens and who rented a vehicle in Florida pursuant to a prepaid voucher after June 12, 2008, through December 31, 2015. Plaintiff alleged that Avis Budget entered rental contracts whereby Avis Budget agreed to purchase a $1 million SLI Policy from ACE on behalf of Settlement Class Members, and breached the contracts by failing to do so. Avis Budget maintains that it complied with the terms of the rental contracts and Florida law and deny that they acted wrongfully or unlawfully and continue to deny all material allegations.

   This case was previously certified as a Class Action. You may have received Notice of the class certification. You are receiving this Notice because a Settlement of the case has been reached between the Plaintiffs, acting on behalf of the Class, and Avis Budget.

   The district court will conduct a FAIRNESS HEARING on November 10, 2022, to decide whether to grant final approval of the Proposed Settlement.

3. Settlement Terms

   As a part of the settlement, Avis Budget has agreed to:

   1. pay Settlement Class Members who submit valid claims at least $6.51 per rental day, plus applicable prejudgment interest, which amounts to available benefits of $33,956,613.00 for the Class, for an average claim size of $87.32 plus interest since the date of rental(s) per Settlement Class Member, although the actual claim payment for individual Settlement Class Members depends on the length of the Settlement Class Member’s rental(s);
   2. if there are unclaimed funds after submission of all valid claims, increase the payments to eligible Settlement Class Members who submit timely and valid claims from $6.51 per rental day to up to $7.46 per rental day, plus applicable prejudgment interest;
   3. included as part of the $33,956,613.00, pay any attorneys’ fees, attorneys’ costs, and incentive awards to the Named Plaintiff and class counsel, if approved by the Court, which will not reduce any payment made to Settlement Class Members, unless the Valid Claims, administrative costs, attorneys’ fees and costs approved by the Court, and service award approved by the Court together total an amount that exceeds $33,956,613.00.

   In exchange, Plaintiff and the members of the Class, which does not include anyone who has previously requested to opt out of the Class after receiving the previous Notice in this Action, agree to give up any claim they have based on Avis Budget’s alleged failure to procure a $1 million ACE SLI Policy or based upon Avis Budget’s alleged provision of contractual third-party coverage or contractual self-insurance. If you are a member of the Class, you can submit a claim to be eligible for a payment as described herein. You may also, if you wish, object to the terms of the Settlement, if you comply with the requirements set forth in FAQ 5 below.

4. How Do I Know if I’m a Member of the Class?

   You are a member of the class action (a “Settlement Class Member”) if: (1) you rented a vehicle, pursuant to a prepaid voucher, from Avis Budget in Florida (2) during the period of June 12, 2008 through December 31, 2015, (3) the prepaid voucher included $1 million in supplemental third-party liability insurance, and (4) neither you nor a third party submitted a claim following a motor vehicle accident in connection with your rental. You received this Notice because Avis Budget’s records indicate you are a member of the Class. The full class definition is as follows:

   All individuals who (1) rented an Avis or Budget vehicle in the State of Florida after June 12, 2008 and before January 1, 2016, pursuant to a prepaid voucher, and (2) whose Rental Receipt contained the notation “SLI .00/Day Accepted” or “ALI .00/Day Accepted.

   Excluded from the Class are all such renters who have been involved in accidents and who have outstanding claims for liability or uninsured/underinsured motorist coverage, as well as all such renters whose liability or uninsured/underinsured motorist claims have been paid by Defendants.

   Also excluded from the Class is anyone who previously requested to opt out of (i.e., to not be a part of) the Class after receiving the previous Notices that were sent out in this case. If you previously requested to opt out of the Class, you are not part of the Class, you are not eligible to submit a Claim for payment, and you do not need to request to opt out of the Class again.

5. If I Am a Class Member, What Are My Options?

   If you are a Class Member, you have three options.

   Option 1: Submit a Claim Form for Payment.

   You may submit a Claim Form for payment of at least $6.51 per rental day, plus applicable prejudgment interest, and up to $7.46 per rental day, plus applicable prejudgment interest. The total benefits available to Settlement Class Members, if all Settlement Class Members submit timely claims, is $33,956,613.00. If you received a Notice in the mail or by e-mail, the Notice included your Claimant ID and Confirmation Code, and linked or directed you to the settlement website where you can access a pre-filled Claim Form by entering your Claimant ID and Confirmation Code. You can call 1-855-637-1999 or visit the Submit a Claim page and request that the Settlement Administrator send you a prefilled Claim Form by providing your Claimant ID listed in the mailed or e-mailed Notice(or a blank form that you will need to fill out if you do not have your Claimant ID).

   You can submit a Claim Form online by following the steps outlined for you. You will need a Claimant ID, which was included in the Mailed and/or Emailed Notice. Otherwise, to submit a blank Claim Form, you will need to input your full name and current mailing address, as well as either the year(s) during which your rental(s) occurred, or the rental agreement number(s) listed on your rental contract(s). The rental agreement number is the nine-digit number following the notation “RA” on your rental receipt.

   When calculated as $6.51 per rental day, the average Claim Payment size is approximately $87.32 plus interest since the date of rental(s). However, the actual amount to which Settlement Class Members who submit valid claims will be entitled depends on the length of the rental. When calculated as $7.46 per rental day, the average Claim Payment size is approximately $100.06 plus interest since the date of rental(s). The most Avis Budget is obligated to pay to Settlement Class Member is $33,956,613.00, which includes settlement of all valid claims of Settlement Class Members, settlement administration costs (including the costs of implementing and effectuating class Notice), attorneys’ fees and attorney’s costs/expenses of litigation of up to $8,925,000.00, and any service award to the Plaintiff, all of which is subject to court approval. If, after submission of all timely, valid claims, unclaimed funds remain, the claim payment paid to eligible class members who submit timely and valid Claims will be increased from $6.51 per rental day to up to $7.46 per rental day, plus applicable prejudgment interest. The amount between the minimum amount ($6.51 per rental day, plus prejudgment interest) and the maximum amount ($7.46 per rental day, plus prejudgment interest) that Settlement Class Members will receive will depend on the amount of unclaimed funds.

   If you submit a Claim Form online, you will also be asked to identify the method by which your Claim Payment will be issued (assuming your Claim is determined to be valid). Your options are: (1) a physical check mailed to your current address (if you choose this option, you will need to confirm the address listed remains your current address, update the address, or enter your current address if blank); (2) an electronic gift card sent via e-mail (if you choose this option, you will need to either confirm the e-mail address listed remains your current e-mail address, update the e-mail address, or enter your current e-mail address if blank); or (3) electronic payment via Venmo, PayPal, or similar companies (if you choose this option, you will need to e-mail the Settlement Administrator to facilitate the process of providing account information for the payment deposit).

   If you submit a Claim Form in the mail, it must be postmarked no later than January 20, 2023. If you submit an Electronic Claim, you must do so by 11:59 p.m. on January 20, 2023.

   Option 2: Object to the Terms of the Settlement.

   The full terms of the Settlement can be found on the Important Documents page. If you think the terms of the Settlement are not fair, reasonable, or adequate to the Class Members, you can file a Notice of Intent to object to the terms of the Settlement.

   To properly object to the terms of the Settlement, you must send, with sufficient postage, a Notice of Intent to object to the terms of the settlement and to appear at the Fairness Hearing (described below) to the following:

   Venerus, et. al. v. Avis Budget, et al.
   c/o Settlement Administrator
   Attn: Objection
   P.O. Box 58220
   Philadelphia, PA 19102

   The Notice of Intent must include the following:

   1. The name of the case and case number;
   2. Your name, address, telephone number, and signature;
   3. The specific reasons why you object to the terms of the Proposed Settlement;
   4. The name, address, bar number, and telephone number of any attorney who represents you related to your intention to object to the terms of the Settlement;
   5. State whether you and/or your attorney intend to appear at the Fairness Hearing and whether you and/or your attorney will request permission to address the Court at the Fairness Hearing.

   If you and/or your attorney intend to request permission to address the Court at the Fairness Hearing, your Notice of Intent must also include the following:

   1. A detailed statement of the legal and factual basis for each of your objections;
   2. A list of any witness you may seek to call at the Fairness Hearing (subject to applicable rules of procedure and evidence and at the discretion of the Court), with the address of each witness and a summary of his or her proposed testimony;
   3. A list of any legal authority you may present at the Fairness Hearing; and
   4. Documentary proof of membership in the Settlement Class.

   Notices of Intent to object must be postmarked by November 5, 2022. Any Notice of Intent that is not postmarked by the deadline set forth above or which does not comport with the requirements listed above may waive the right to be heard at the Fairness Hearing.

   Option 3. Do Nothing.

   You have the right to do nothing. If you do nothing, you release any claim against Avis Budget related to the claims and allegations in this lawsuit which are part of the Released Claims as defined by the Settlement Agreement, even if you do not submit a Claim for payment.

6. Who Is Representing the Class?

   The District Court has appointed Heather Venerus (the “Named Plaintiff”) to be the representative of the Class. The District Court has also appointed the following lawyers as Class Counsel for those Class Members:

   Edmund Normand, Esq. Jacob Phillips, Esq. Normand PLLC 3165 McCrory Place, Suite 175 Orlando, FL 32803 Telephone: (407) 603-6031 Facsimile: (888) 974-2175 Ed.normand@normandpllc.com Jacob.phillips@normandpllc.com NormandPLLC.com

   Christopher J. Lynch Christopher J. Lynch, P.A. 6915 Red Road, Suite 208 Coral Gables, Florida 33143 Telephone: (305) 443-6200 Facsimile: (305) 443-6204 clynch@hunterlynchlaw.com HunterLynchlaw.com

   These lawyers are experienced in handling class action lawsuits. More information about Class Counsel is available on their websites above.

   Class Counsel will file an application for attorneys’ fees and costs of no more than $8.925 million dollars, subject to approval by the Court. Avis Budget has agreed to pay Class Counsel that amount if approved by the Court. You will not be personally responsible for any fees, costs or expenses incurred by Class Counsel relating to the prosecution of this case. After it is filed, the Motion for Attorneys’ Fees and Costs will be posted and can be accessed at the settlement website.

   Class Counsel will also seek a Service Award to the Plaintiffs in the amount of $25,000, subject to court approval. The Service Award is designed to reward the Plaintiff for securing the recovery awarded to members of the Class, and to acknowledge the time spent by the Plaintiffs in sitting for deposition, providing discovery, participating in the case and mediation, and prosecuting the claim for the benefit of the Class. In this case, the Plaintiff has been prosecuting this claim for almost nine years, which has included extensive discovery, depositions, travel, mediations, appeals, and other time expended. Avis Budget has agreed to pay the Service Award to the Plaintiff up to the amount of $25,000, if approved by the District Court.

7. What Claim(s) Are Settlement Class Members Releasing?

   As a part of the Settlement, Settlement Class Members agree not to sue Avis Budget by asserting any claim related to allegations that Avis Budget failed to procure a $1 million SLI Policy from a licensed insurance company, or that Avis Budget improperly provided self-funded contractual coverage or contractual self-insurance, in connection with a prepaid voucher rental from June 12, 2008 through December 31, 2015. The full terms of the Released Claims and Released Parties can be found in the Proposed Settlement on the Important Documents page.

8. How Do I Find Out More About This Lawsuit?

   If you have any questions about the lawsuit or any matter raised in the notice, please call toll-free at 1-855-637-1999.

   This website provides:

   1. An Electronic Claim Form and directions for how to submit;
   2. The full terms of the Settlement;
   3. Information and requirements for submitting a claim, requesting exclusion, or filing a Notice of Intent to object to the terms of the Settlement
   4. A copy of the complaints filed by Plaintiffs and other important rulings and orders from the District Court during the case prior to Settlement; and
   5. Other general information about the class action.

   You also may contact class counsel, whose contact information and websites are provided above. Please do not contact Avis Budget about this case or proposed Settlement. Avis Budget’s employees and customer service representatives will likely not have any knowledge about this case or settlement and will be unable to assist you. If you have further questions, please instead contact the Settlement Administrator or Class Counsel.

   Complete copies of the documents filed in this lawsuit that are not under seal may be examined and copied at any time at the United States District Court, Middle District of Florida, 401 West Central Boulevard, Orlando, FL 32801.

   PLEASE DO NOT TELEPHONE OR CONTACT THE DISTRICT COURT OR THE CLERK OF THE DISTRICT COURT REGARDING THIS NOTICE.

9. Tell me more about the prepaid card

   What is a Virtual Prepaid Card?

   A VISA Virtual Prepaid Debit Card is a payment method that is pre-loaded with funds (money) and produced and delivered to you electronically, rather than in the post. It can only be used to make online or over the phone purchases. It cannot be used in-store. You can only spend the available balance on the Card, there is no overdraft or credit limit.

   To access your virtual Card details, you will need to register online where you can then view your Card details at any time, including the long 16-digit Card number, CVV and expiry date. These can simply be copied from your online account and entered into an online checkout experience.

   There are additional terms and conditions that apply to your Card. You must read them carefully. You will be provided with a copy of these additional terms and conditions for review and acceptance when you confirm your requirement to receive your funds on a Card.

   Where can I use my Card?

   You can use your Card online or over the phone for ‘card-not-present’ transactions, anywhere that VISA is accepted. As the Card is virtual, you will not be able to use it in store at any time.

   Where can I access my Card details?

   To access your Card you will need to complete registration. We will send you an email with some key information which you need to complete within the registration. Once complete, you will be able to view your Card details within your online account. If you haven't received the email with your original Card information, you will need to contact us.

   How do I pay with my Card?

   You can use your Card like any other debit card when shopping online or over the phone by entering in the Card details which you can view online, including: the Card number, name on the Card, expiry date and CVV. Remember, you will not be able to use your Card in store.

   Are there any restrictions on where I can use the Card?

   As your Card is virtual you can't use it to withdraw cash, obtain cashback or foreign currency, or to pay at any kind of automated payment machine (such as CAT terminals, pay@pump, tolls, and car park or train ticket machines). You also cannot use your Card for subscriptions, automated periodic payments or gambling; or for obtaining illegal goods or services.

   Can I use my Card to withdraw cash at an ATM?

   No, you are not able to use a virtual Card to withdraw cash at an ATM or to obtain cashback from a retailer.

   Can I transfer the funds that are on my Card to a bank account?

   No, this type of Card does not support the transfer of funds to your bank account.

   Do I need to activate my Card to be able to use it?

   Yes. You need to activate your Card before you can start using it. You can do this by registering your Card online. Once registration and activation are completed, your Card will be ‘unlocked’ and ready to use.

   Are there any fees associated with my Card?

   The following fees may be applied to your Card account:

   • If you are using your Card abroad, you will be subject to a 3% foreign exchange fee.
   • If you require a replacement Card, then you may be charged up to €5 for a replacement.
   • If you request to cancel your account, then you may be charged up to €10 as a cancellation fee.
   • If there is any investigation that needs to be carried out related to your card or a specific transaction, you may be charged an investigation fee. This is a very rare occurrence.

   How long will the Card be valid for?

   Your Card will be valid for 12 months. When the Card has expired, you will not receive a replacement Card.

   Why do I need to provide ID to use my Card?

   You may be required to provide a picture of your ID (either passport or driving licence) to help us verify your identity. The ID you provide must be current - unfortunately we cannot accept expired documents. This is a requirement under the anti-money laundering legislation within Europe; it's nothing to worry about and usually only takes a few minutes, although in some rare cases it can take a few days to complete.

   Can I add the Card to a digital wallet such as Apple Pay, Google Pay etc?

   No, currently we don't support the ability to add the Card to a digital wallet.

   Can I convert my virtual Card to a physical Card?

   Unfortunately, there is no ability to convert your virtual Card to a physical one.

   Regulators and Customer Protection

   The funds loaded onto your Card are classified as electronic money. This means that the electronic money held on your Card will be held by an electronic money issuer on behalf of the entity that is providing the funds on the Card to you. Full details of the electronic money issuer will be provided to you in the additional terms and conditions you accept when confirming you wish to receive your funds on a Card.

   Blackhawk Network EMEA Limited (whose registered office is at Westside, London Road, Hemel Hempstead, Hertfordshire, HP3 9TD (company registration number: 4155659)) is the entity that is providing the Card to you on behalf of Avis Budget Group Inc. via Angeoin Group LLC and is responsible for providing all the services associated with your Card, including but not limited to providing customer service and managing any disputed transactions on your behalf.

   For your protection, the money that you have on your Card is kept in a safeguarded bank account.

   This safeguarded money is also not available to creditors, the electronic money issuer’s bank or third parties.

   In the event of the electronic money issuer becoming insolvent, the balance on your Card will be paid out to you by the insolvency practitioner from the safeguarded bank account once any applicable costs of insolvency proceedings are settled. This means that the total of funds available to you may be decreased by the amount of insolvency costs related to the distribution of the funds.

   Electronic money issuers are not covered by the Financial Services Compensation Scheme or other government sponsored insurance.