ILNews

Lawsuit accuses BMV of overcharging for driver’s licenses

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

  • 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.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT