Venerus, et. al. v. Avis Budget, et. al.
Frequently Asked Questions about the Venerus, et. al. v. Avis Budget, et. al. Settlement
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The legal notice has been sent by Order of the United States District Court for the Middle District of Florida (referred to as the “District Court”). The purpose of this notice is to:
1. Notify you that you may be a member of the Class (defined in FAQ #5);
2. Notify you that, for Class Members, the District Court decided certain claims may proceed on a class-wide basis; and
3. Explain to you what this legal action is about, how this legal action may affect your rights, and explain what steps you can take to either stay in the case or exclude yourself.
A class action is a lawsuit in which one or more individuals (in this case, Ms. Venerus) bring claims on behalf of other persons or entities. These similarly-situated persons or entities are referred to as a “Class” or “Class Members.” In a class action, the District Court resolves certain issues, legal claims, and/or defenses for all Class Members in a single action, except for those persons or entities who ask in writing to be excluded from the Class. (See FAQ #6 and FAQ #7 for more information about excluding yourself from the Class.)
Ms. Venerus alleges that she and other Class Members paid for a third-party liability insurance policy (supplemental/additional liability insurance) as a part of a car rental from Avis Budget issued by a licensed insurer (Ace American Insurance Company), but that Avis Budget never actually provided the insurance policy promised in the contract.
This class action seeks to recover damages suffered as a result of Avis Budget allegedly never providing the insurance policy promised in the contract. This class action alleges a “breach of contract". 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.
Avis Budget denies that they acted wrongly or that Class Members are entitled to money damages because of any breach of contract.
The District Court determined that the breach of contract claim is appropriate for class- wide adjudication in a single action. Detailed information about the Class is provided below.
You must decide whether or not to exclude yourself from this class action certified by the District Court.
You may be a Class Member if: (1) you rented a vehicle in the State of Florida from Avis Budget after June 12, 2008 and before January 1, 2016; and (2) you rented the vehicle pursuant to a prepaid voucher.
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.
If you are a Class Member, you have a right to stay in the case as a Class Member, or you can choose to be excluded from the case. You should decide this question as quickly as you can.
Option 1: Do Nothing Now, Stay in the Case
You have the right to stay in the case as a Class Member and await the outcome of the case. You do not need to do anything if you wish to remain in this case. It will cost you nothing. If you decide to stay in the case as a Class Member, you will be bound by all orders, judgments, and decisions of the District Court. You may receive a monetary settlement or other benefits awarded as a result of court order, trial, or settlement reached between Ms. Venerus or Avis Budget, or you may receive nothing if the court(s) decide you are not entitled to any money. You do not need to do anything to keep open the possibility of getting money from the lawsuit.
If you stay in the case, Ms. Venerus will pursue the claims on your behalf. You cannot, however, recover or try your claims twice; so, by participating in the class action, you give up any right to individually sue Avis Budget about the same legal claims in this lawsuit. If the Class is awarded money, you will be notified about how to apply for your share. You will be bound by all previous and any future rulings in this case applicable to class claims, whether such rulings were in favor of the Class or in favor of Avis Budget.
The District Court has appointed Ms. Venerus to be the representative of the Class. The District Court has also appointed the following lawyers as Class Counsel for those Class Members that decide to stay in the case:
Edmund Normand, Esq.
Normand PLLC
3165 McCrory Place, Suite 175
Orlando, FL 32803
Telephone: (407) 603-6031
Facsimile: (888) 974-2175
NormandPLLC.com
Jacob Phillips, Esq.
Normand PLLC
3165 McCrory Place, Suite 175
Orlando, FL, 32803
Telephone: (407) 603-6031
Facsimile: (888) 974-2175
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[email protected]
HunterLynchLaw.com
To exclude yourself from this Class, you must make a request for exclusion in writing, and mail the request for exclusion to the following address (with sufficient prepaid postage):
Heather Venerus, et. al. v. Avis Budget, et. al.
c/o Class Administrator
PO Box 168
Warminster, PA 18974-0168
All requests for exclusion must be postmarked on or before April 6, 2021.
Your request for exclusion must contain the following:
1. The name of the lawsuit:
2. Your full name;
3. Your current address;
4. A clear statement that you wish to be excluded from the Class, such as: “I request exclusion from the Class”; and
5. Your signature.
Class Counsel will file your request for exclusion with the District Court. If you are signing on behalf of a Class Member as a legal representative (such as an estate, trust, or incompetent person), please include your full name, contact information, and the basis for your authority.
IF YOU DO NOT EXCLUDE YOURSELF FROM THE CLASS BY THE POSTMARK DEADLINE OF APRIL 6, 2021, YOU WILL REMAIN PART OF THE CLASS AND WILL BE BOUND BY THE ORDERS OF THE DISTRICT COURT IN THIS LAWSUIT, INCLUDING FINAL JUDGMENT, WHETHER OR NOT IT IS FAVORABLE TO THE CLASS. IF YOU DO NOT WISH TO BE BOUND BY THE DECISIONS IN THIS CASE, YOU MUST REQUEST EXCLUSION FROM THE CLASS ACTION.
If you have any questions about the lawsuit or any matter raised in the notice, please call toll-free at 1-844-412-1945 or use the Contact section of the website to send an email.
You also may contact Class Counsel, whose contact information and websites are provided in FAQ #6
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.
