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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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