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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Questions

Answers

1. Why is there a notice?

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.


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2. What is a Class Action?

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.)


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3. What is this Class Action About?

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.


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4. What Do I Need to Do Now?

You must decide whether or not to exclude yourself from this class action certified by the District Court.

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5. How Do I Know If I Am a Class Member?

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.


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

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 

[email protected]

NormandPLLC.com


Jacob Phillips, Esq.

Normand PLLC

3165 McCrory Place, Suite 175

Orlando, FL, 32803

Telephone: (407) 603-6031

Facsimile: (888) 974-2175

[email protected]

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

[email protected]

HunterLynchLaw.com


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

If Ms. Venerus is successful through trial, motion or settlement, Class Counsel will seek attorneys’ fees and out-of-pocket costs (such as the cost of hiring experts), subject to approval by the District Court. If the District Court grants Class Counsel’s request, the attorneys’ fees and costs will either come from money obtained for the Class and/or will be paid separately by Avis Budget. If you are awarded money damages, the amount you receive may or may not be reduced to pay class counsel fees and/or costs. You will not be personally responsible for any fees, costs or expenses incurred by Class Counsel relating to the prosecution of this case.

Please keep in mind that if you do nothing now and stay in the lawsuit, you will give up your rights to sue Avis Budget separately in another lawsuit about the same legal claims that are part of this case (described in Option 1). You also would forego your right to pursue claims based on alternative legal theories in favor of the theory being pursued in this case. However, you will not give up your right to bring a lawsuit based on unrelated or separate issues. If you stay in the case, you will be legally bound by the Orders that the District Court issues in this case, including final judgment.

Option 2: Hire Your Own Lawyer and Enter an Appearance in the Lawsuit

If you would like to remain a Class Member, but do not want to be represented by Class Counsel listed above, you have the right to enter an appearance in this case through your own lawyer at your own expense. To do this, you and/or your own lawyer must file a Notice of Appearance with the Clerk of the District Court, located at United States District Court, Middle District of Florida, 401 West Central Boulevard, Orland, FL 32801. You will be responsible for all legal fees and costs associated with your own lawyer and costs. If you do not enter an appearance or exclude yourself, your interests in this lawsuit will be represented by the Plaintiff and Class Counsel listed above at no charge to you.

Option 3: Exclude yourself from the Case

You have the right to not be part of this lawsuit by excluding yourself or “opting out” of the Class. If you wish to exclude yourself, you must do so on or before April 6, 2021, as described in FAQ #7. You do not need to hire your own lawyer to request exclusion from the Class. If you exclude yourself from the Class, you give up your right to receive any money or other benefits awarded in this case, if any, and you will not be bound by any judgments or orders of the District Court, whether favorable or unfavorable. You may keep your  right  to  sue  Avis  Budget separately in another lawsuit about the same theories in this case if you choose to pursue one, subject to all normal legal and procedural rules and regulations.






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7. If I Want To, How Do I Exclude Myself from the Class?

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.


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8. How can I get more Information?

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.


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

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This website is authorized by the Court, supervised by counsel and controlled by, the Class Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 1-844-412-1945.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Tuesday, April 6, 2021
    You must complete and mail your request for exclusion so that it is postmarked no later than Tuesday, April 6, 2021.

Important Documents

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