A settlement has been announced in a class action lawsuit about the legality of a fee that the San Diego Unified Port District required rental car companies to charge their customers and remit to the Port

SAN DIEGO, Aug. 21, 2020 /PRNewswire/ -- An approximately $6.6 million dollar Settlement has been reached in a class action lawsuit against the San Diego Unified Port District (the "Port") claiming that the Port's Resolution 2018-065 and Ordinance 2030, which required rental car companies to collect from their customers and remit to the Port a $3.50 fee (the "Fee") for each transaction on Port tidelands, was an illegal and unconstitutional tax. 

Who is Included?

The Settlement Class includes all persons who rented vehicles from rental car companies, with the rentals originating at locations in San Diego, California on Port tidelands, from the period of May 10, 2018 to July 24, 2020, and who were assessed a $3.50 fee by the rental car companies that was then remitted to the Port.     

What Does the Settlement Provide?

The Port will pay approximately $6.6 million dollars to establish a settlement fund to provide cash payments to all Class Members who paid the $3.50 fee, as well as fees and costs consistent with the Settlement Agreement. Details about the benefits of the settlement are available at www.RentalCarFeeSettlement.com.  

How Do You Receive Benefits?

To receive a cash payment from the Settlement, Class Members must submit a Claim Form either online at www.RentalCarFeeSettlement.com or by mail postmarked no later than October 20, 2020. Class Members who did not receive a Claim Form by mail, and wish to mail in a Claim Form, may download one at www.RentalCarFeeSettlement.com.   

What Are My Other Options?

Class Members who do not want to be part of the settlement must exclude themselves by October 20, 2020. If the settlement becomes final, Class Members who remain in the settlement will release their claims against any parties that are released under the terms of the Settlement Agreement.

If Class Members stay in the settlement, they may object to it by October 20, 2020. The detailed notice at the website explains how Class Members may exclude themselves or object. 

The Court will hold a hearing on November 13, 2020 to consider whether to approve the settlement. Class Members or the lawyer for a Class Member may attend the hearing, but it is not necessary.  

Class Counsel will ask the Court for attorneys' fees in an amount not to exceed 20% of the settlement fund plus costs and expenses, and an incentive award of up to $5,000 for the Class Representative.   

For more information call 1-855-907-2110 or visit www.RentalCarFeeSettlement.com.

SOURCE San Diego Superior Court