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Judge lets second suit alleging BMV overcharges proceed

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Indiana Bureau of Motor Vehicles must answer a second complaint alleging the agency overcharged Hoosiers millions of dollars on almost 30 types of licenses or registrations, a judge ruled Wednesday.

BMV previously agreed to refund $30 million for overcharges of operator’s licenses as a result of an earlier lawsuit.

In the latest lawsuit, Marion Superior Judge James Osborn denied the BMV’s motions to dismiss and stay discovery. The suit seeks class action status.

Lead plaintiff Tammy Raab sued the bureau alleging that 29 BMV fees overcharged people from 50 cents to $11 dollars, according to Cohen & Malad LLP managing partner Irwin Levin.

Among the more commonly alleged overcharges were $3 for motorcycle endorsements, $1 for duplicate titles, $4.50 for chauffeur’s license, $3 for personalized plates, and $1 for plate transfers. Overcharges of $11 are alleged for antique year of manufacture registrations.

“We’re guessing the number is in the tens of millions of dollars” that Hoosiers were overcharged at the BMV, Levin said Friday. The BMV hasn’t provided an accounting of how much it collected from the overcharges, and depositions are scheduled next month.

“We’re going to find out whether the BMV is just reckless in making sure they charge people the legal amount or if something else is going on,” he said.

BMV previously announced it would refund $30 million to motorists who were overcharged $3.50 to $7 for driver’s licenses. That suit  also was brought by Cohen & Malad.

“The court has essentially ruled that the BMV can’t simply say ‘Trust us’ and throw out the case. Hoosiers now get to ask the BMV the tough questions about this debacle and get the answers they deserve,” Levin said in a statement.
 

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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