ILNews

BMV ‘may have inadvertently overcharged’ for licenses

IL Staff
May 21, 2013
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The Bureau of Motor Vehicles acknowledged in response to a multi-million-dollar class-action lawsuit that it “may have inadvertently overcharged” Indiana residents for driver’s licenses.

Cohen & Malad LLP is class counsel for Hoosiers who paid a fee to obtain or renew an operator’s license after March 7, 2007. The class action certified earlier this month claims drivers under age 75 were overcharged as much as $7 per license.

“Are you kidding me?” Cohen & Malad managing partner Irwin Levin said in a statement after receiving the response. “Two months of research and investigation and this is what the BMV tells the people it took money from? … This case is simple. The BMV admits it can’t charge more than the law allows – but it did. The BMV continues to illegally overcharge Hoosiers. They need to stop immediately and give ordinary citizens back the money they took.”

In its response, BMV presents as an affirmative defense arguments that claims are barred by provisions of Indiana’s Tort Claims Act, I.C. 34-13-3-1, or that the BMV has immunity from punitive damages under I.C. 34-13-3-4. The Bureau also says some claims are barred by statutes of limitations.

The case before Marion Superior Judge Heather Welch is Tammy Raab, on behalf of herself and all others similarly situated vs. R. Scott Waddell, in his official capacity as commissioner of the Indiana Bureau of Motor Vehicles, and the Indiana BMV, 49D12-1303-PL-8769.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

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  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

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