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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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