Court Rules Against Consumers Who Rent Cars At Sea-Tac

    SEATTLE--May 9, 2001--Consumers beware! The prices quoted for renting cars at Sea-Tac airport are significantly higher than advertised; and a Washington State Court of Appeals decision handed down this week says that practice is legal.
    A group of consumers and their attorneys disagree. The Court's ruling "creates a precedent that significantly weakens the Consumer Protection Act, an Act that has protected the rights of Washington consumers since 1964," according to lead attorney Spencer Hall of the Seattle firm Hall Zanzig Widell.
    The Court of Appeals' ruling is in response to a lawsuit brought in March of 1999 by consumers who rented cars at Sea-Tac airport from Avis, National and Alamo. The consumers noted that they were being charged 10% more than the price they were quoted. A separate airport charge was being added to all vehicles rented, but was not included in the total price quoted to the consumers when they inquired about the cost of rental. The car rental agencies argued successfully in a motion to dismiss the lawsuit in early 2000 that their pricing practices were not deceptive or misleading. The dismissal was appealed by the consumers, but was upheld this week by the state Court of Appeals. Judge Cox wrote in the decision that the court found "nothing deceptive in the manner of disclosure here."
    Consumers who initially brought the suit, and their attorneys, think that they should be allowed to argue their case to a jury. The National Association of Attorneys General has determined the practice to be unfair and deceptive, and the Washington Attorney General agrees. Christine Gregoire's office weighed-in on the side of the consumers in the lawsuit but the appellate judges made no mention of that in their opinion. A Consumer Reports Travel Letter article likened the car rental agencies' practice to ordering a $14.99 dinner special in a restaurant, only to be charged $16.49, plus tax. If the diner asked why, they would be told the extra charge was for the restaurant's rent.
    Attorneys for the consumers will file a petition within thirty days asking the Washington Supreme Court to overturn the Appeals Court decision. The Supreme Court will decide if there can be a trial to determine whether or not the car rental companies at the airport are acting in an unfair or deceptive manner. Attorney Spencer Hall hopes that consumers will be allowed to have their day in court. He worries that not allowing a trial to proceed could strengthen a growing anti-consumer rights trend. If the Washington Supreme Court doesn't overturn the Appeals Court ruling, Hall says consumers may see more such deceptive practices.

    Hall Zanzig Widell is a Seattle law firm that represents plaintiffs in consumer protection, employment, securities and business tort claims.