Los Angeles, CA asked in Consumer Law and Contracts for California

Q: Is this a potential consumer lawsuit or class action?

At a rental car agency I prepaid for a compact sedan and when I arrived the sales rep told me the only thing available was an electric SUV. He told me if I wanted anything else I'd have to pay extra. Why would I need to pay extra when it was their fault? It's not like I just made a reservation, I PREPAID. He told me I had no other choice and at that point it was too late to go anywhere else. Long story short, he completely lied to get me to take the car. He lied about how many miles it held on a full charge, how long it took to charge it, how much it cost to charge it. Everything. I wasted hours of my trip at charging stations, often late at night and in the middle of nowhere. I was even late to work and got a speeding ticket one morning because I spent so much time charging it. I gave up and didn't even use the car for a planned second trip the last few days I had it. Is this bait and switch legal? Also, if I patronize the business after this, would that invalidate a potential claim?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, your situation could potentially form the basis of a consumer lawsuit, particularly if the rental car agency engaged in misleading practices like bait and switch. Bait and switch, where a business advertises one thing but provides another, is generally considered a deceptive practice.

If the sales representative provided false information about the vehicle, especially regarding its functionality and costs, this could be construed as misleading or deceptive. This can form the basis for a claim, particularly if it led to additional expenses and inconveniences for you.

Your decision to patronize the business again does not necessarily invalidate a potential claim. However, it's important to document all interactions, including any further rentals, as this information could be relevant in any legal proceedings.

Given the complexities of consumer law, it would be wise to consult with a lawyer to discuss the specifics of your case. They can provide tailored advice and help you understand your legal options. Remember, each case is unique, and legal advice should be based on the specific details of your situation.

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