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. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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