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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
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I am disabled from birth. I rented a car last year and

Customer Question

I am disabled from birth. I rented a car last year and couldn't return it because I fell and injured the only "good" leg I have, leaving me unable to drive. The short version is that I phoned the company the very next morning and asked them to retrieve the car from my home. They refused. I called the franchiser--Avis--and asked them to get involved and come get the car. At first, it seemed as though they'd help. Then, they decided that, although I couldn't drive and the contract wouldn't allow me to have someone else drive, I had to return the car. This went on for a month. I got harassing phone calls every day threatening me with arrest and they sent the police to my home under the theory that I'd stolen the vehicle. I simply asked them to make an accommodation and pick the car up from my home instead of me driving it to them. I have had all kinds of anxiety and depression due to this. It's like it started a tsunami of people who just didn't get it that's been going on all year. Obviously, they may have started, but they aren't responsible for anyone else's actions. They ARE responsible for the onset of depression.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Um, this isn't real estate. However, I'm in Ohio
JA: Has anything been filed or reported?
Customer: I have documentation of the letters I sent to Avis telling them where the car was and BEGGING them to come get it. I have recordings of the harassing messages and the receipt from the Cleveland police officers that were sent to my house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I tried and tried and tried for over a month to get Avis to retrieve the car. They steadfastly refused. In addition, they charged $1700 to my debit card and the bank paid them even though I had a blanket refusal of overdraft protection. I've refused to pay the bank because they violated my contract with them and they've sent it to collections, further harming my credit. They assisted with the violation of my rights!
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Thank you for your cooperation,

Customer: replied 1 month ago.
By refusing to make a reasonable accommodation by coming to get their vehicle because, unlike most people, I can't drive with one foot, I believe they violated Title III of the ADA dealing with access to public accommodations. According to that provision, asking that a public accommodation change a policy that serves as a barrier to access, as long as the change doesn't cause an undue hardship or materially change the service is to be granted. Instead, Avis charged me for having their car for a month when I repeatedly asked them to come get it. They harassed me and sent law enforcement to my house to arrest me for grand theft auto even though they'd known the entire time where the car was and why I couldn't drive it. I want to sue them for violating the ADA as well as pendent state claims for negligent infliction of emotional distress as well as misappropriation of funds since they stole $1700 from me. I'd also like to sue the bank that paid them $1700 against my express wish that I did not want overdraft protection. The bank is trying to collect from me and has sent the disputed amount to a collection agency, causing more harm to my credit. Also, Avis has put me on a list of people to whom they will not rent. There may be more damage by now. It is also safe to say that they caused depression and anxiety by threatening me with arrest at every turn. What are my options?
Expert:  Phillips Esq. replied 1 month ago.

Thank you for the information.

Yes, you would have a claim against the Rental company. You can file complaint of discrimination with Ohio Civil Rights Commission. Click here to file your complaint now.

You can also file lawsuit for intentional infliction of emotional distress for refusing to pick up the car and then filing a theft report with the Police, etc. However, in order to prevail on a claim of Intentional Infliction of Emotional Distress, you need to show that (1) they acted intentionally or recklessly; (2) that their actions were extreme and outrageous;(3) that their actions were the cause (4) of your severe emotional distress, which would be evidenced by you going to doctors for medical treatment or seeking therapy. If you cannot prove all the four factors above, you would not prevail in your lawsuit for Intentional Infliction of Emotional Distress.

You may use the sites below to try to find a local Attorney who handles personal injury cases to assist you with the case. This is a complex litigation. It is strongly suggested that you try to obtain an Attorney to assist you with the case.

Lawyers.com

Justia.com

Findlaw.com

Consumeradvocates.org

Best wishes,

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