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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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