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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.

 

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  • 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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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