Lawsuit accuses BMV of overcharging for driver’s licenses

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A lawsuit filed in Marion County claims that the Indiana Bureau of Motor Vehicles has overcharged residents for their driver’s licenses by as much as $7 per license.

Cohen & Malad LLP filed the proposed class-action suit on behalf of Tammy Raab, who paid $21 for a license on Feb. 16, 2010. According to the suit, under Indiana law, since October 2008, the most a person under the age of 75 can be charged for a six-year license is $15; $13.50 for a five-year license; and $14 for a four-year license. The BMV charges $21, $19.50 and $18, respectively, for the licenses.

There is a base price for the three types of licenses outlined in Indiana Code and Public Law, and several fees are allowed to be imposed, including a Transaction Service Charge. But the lawsuit alleges the state agency has overcharged Hoosiers, resulting in tens of millions of dollars in overpayments.

The suit claims some residents have been overpaying since 2007.

“This action seeks to remedy this longstanding practice by requiring the BMV to disgorge the millions of dollars in illegal fees to the Indiana residents who paid them, and to enjoin the BMV from charging a fee for the issuance of an Operator’s License to persons under the age of 75 that exceeds the amount allowed by the law,” according to the suit.

The proposed class is “all persons who are currently citizens of Indiana and who, since March 7, 2007, paid a fee to the Indiana Bureau of Motor Vehicles to obtain or renew a motor vehicle Operator’s License while less than 75 years of age.”

“Hoosiers’ ability to drive their cars cannot be held hostage to arbitrary fees imposed by the BMV. The BMV does not have the authority to charge fees at its discretion,” said attorney Irwin Levin of Cohen & Malad. “In some instances, Indiana drivers were overcharged as much as $7 for their license. The BMV needs to be held accountable and Indiana residents deserve restitution.”

The suit seeks class certification, damages or restitution for Raab and the proposed class against the BMV in the amount of the overcharges, an order preventing the BMV from charging a fee for the issues of the licenses to people under 75 that exceeds the amount allowed by law, and attorney fees, costs and interest.

The case is Tammy Raab, on behalf of herself and all others similarly situated v. R. Scott Waddell, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles and the Indiana Bureau of Motor Vehicles, 49D06-1303-PL-8769.



  • well ok but
    Cases like this keep the public officials honest. I applaud them. I would also like to see the same vigor applied to banks who enjoy state and federal subsidies and protections which are used to develop their overweening power over their customers and then expropriate by arbitrary changes of terms at will. I think the banks make the BMV look like a really friendly and honest operation!
  • Really???
    28 cents, 28 cents. I am entitled to 28 cents refund. it isn't even worth my time to request it. Let alone the costs involved in printing, mailing and processing a check. In my business, it costs a minimum of $1 to receive a check for payment, credit the appropriate account and deposit the check. Was this lawsuit, the Court's time and all of the reporting on this matter worth $0.28. NO. Stop the frivolous lawsuits. Even the "up to $7.00" as quoted in the article seems ridiculous.
  • for the greater good
    instead of refunding all this money, why not divert it to the construction cost of the new east end bridge and ease up on toll fees for all Indiana residents.It seem like this wood be the smart move and the money wood be put to a good use sense Indiana tax payers are footing the bill anyway.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.