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Conn. court upholds ban on GPS speed fines
Bakersfield Californian ^ | 4/4/05 | AP

Posted on 04/04/2005 7:32:59 PM PDT by NormsRevenge

HARTFORD, Conn. (AP) - The state Supreme Court on Monday upheld Connecticut's ban on a car rental company's use of a global positioning satellite system to track customers and fine them $150 for speeding.

The unanimous ruling rejected an appeal by American Car Rental, which operates Acme Rent-A-Car.

Acme said the fines were to make up for wear and tear on cars driven at excessive speeds. However, a consumer protection hearing officer determined such costs at about 37 cents per vehicle for each infraction.

According to the state's Consumer Protection Department, Acme failed to warn customers of the fines they would face if the company's GPS system showed they were speeding. Acme also automatically debited consumers' bank accounts or credit cards without notice.

Acme's attorney, Max Brunswick, said no decision had been made about an appeal.

"They didn't do this to make money on the fees," he said. "They did it to hold speeding down to prevent accidents and, of course, speeding was killing the lives of the cars. These subcompacts are not meant to be driven over 65 mph."

State Attorney General Richard Blumenthal disagreed. "The state can't condone speeding, but it condemns moneymaking schemes designed as safety measures," he said.

Brunswick said Acme has already returned some of the $20,000 in fines it collected.

The company continues to use the global positioning devices but has not charged fines for speeding since 2001, Brunswick said.


TOPICS: Business/Economy; Government; US: Connecticut; Your Opinion/Questions
KEYWORDS: ban; carrental; connecticut; court; gps; privacy; speedfines; upholds
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1 posted on 04/04/2005 7:33:01 PM PDT by NormsRevenge
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To: NormsRevenge

I can't help but wonder, armed with this knowledge, who
would rent a car from these people?


2 posted on 04/04/2005 7:36:23 PM PDT by davisfh
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To: NormsRevenge

Holy Global Positioning System, Batman!


3 posted on 04/04/2005 7:36:48 PM PDT by writer33 ("In Defense of Liberty," a political thriller, being released in March)
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To: NormsRevenge
Acme said the fines were to make up for wear and tear on cars driven at excessive speeds.

"Excessive speed my a@@," Mr. Coyote responded. "I never got close the freakin' bird."

4 posted on 04/04/2005 7:40:15 PM PDT by Tribune7
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To: NormsRevenge
... Acme failed to warn customers of the fines they would face if the company's GPS system showed they were speeding. Acme also automatically debited consumers' bank accounts or credit cards without notice.

"They didn't do this to make money on the fees," he said. "They did it to hold speeding down to prevent accidents and, of course, speeding was killing the lives of the cars. These subcompacts are not meant to be driven over 65 mph."

So, in other words; they stole money enforcing an arbitrary rule they did not put in the contract; as punishment for an act they went out of thier way to hide. Sorry, this sounds more like fraud than anything else. Why $150, why not $1,500, $15,000 or $150,000?

If the notice was made to the customer prior to the rental, and if the customer were informed and fined afterwards; I'd have no problem with this. This is not, nor will likely ever by the customer's car. The company has a right to protect their property, but not by means of deceit.

5 posted on 04/04/2005 7:40:16 PM PDT by Hodar (With Rights, come Responsibilities. Don't assume one, without assuming the other.)
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To: NormsRevenge
... Acme failed to warn customers of the fines they would face if the company's GPS system showed they were speeding. Acme also automatically debited consumers' bank accounts or credit cards without notice.

"They didn't do this to make money on the fees," he said. "They did it to hold speeding down to prevent accidents and, of course, speeding was killing the lives of the cars. These subcompacts are not meant to be driven over 65 mph."

So, in other words; they stole money enforcing an arbitrary rule they did not put in the contract; as punishment for an act they went out of thier way to hide. Sorry, this sounds more like fraud than anything else. Why $150, why not $1,500, $15,000 or $150,000?

If the notice was made to the customer prior to the rental, and if the customer were informed and fined afterwards; I'd have no problem with this. This is not, nor will likely ever by the customer's car. The company has a right to protect their property, but not by means of deceit.

6 posted on 04/04/2005 7:40:53 PM PDT by Hodar (With Rights, come Responsibilities. Don't assume one, without assuming the other.)
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To: NormsRevenge
Acme Rent-A-Car

Wile E. Coyote (Suuuu-per Genius), Proprietor.

7 posted on 04/04/2005 7:40:55 PM PDT by BigSkyFreeper ("Stupidity is also a gift of God, but one mustn't misuse it" - Pope John Paul II)
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To: NormsRevenge
"They didn't do this to make money on the fees," he said. "They did it to hold speeding down to prevent accidents and, of course, speeding was killing the lives of the cars. These subcompacts are not meant to be driven over 65 mph."

They were just doing it for our their customers' own good. Yea, right. If they wanted to keep the speed down all they have to do is automatically limit the speed of the car to the speed zone they are in.

8 posted on 04/04/2005 7:43:15 PM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Hodar
The company has a right to protect their property, but not by means of deceit.

I agree. And if this is really cost saving then it will be reflected in the rental rates. If they can't use this and be cheaper then I smell a rat.

9 posted on 04/04/2005 7:45:16 PM PDT by byteback
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To: Hodar

In 1968 I had reserved a Mustang from Hertz at San Francisco airport. When I arrived, the clerk told me they were out of Mustangs - - would I be willing to take a Shelby GT500 at the same rate? The only time I ever lucked out on a car rental. At checkin time, another clerk tried to argue about the rental rate but I had it in writing. Of course I don't recall having broken any speed limits.

What Hertz probably didn't realize at the time was that weekend racers were actually renting the cars, swapping the engine into stock Mustangs and running a couple of races, then dropping the engine back into the rental (at least, that's what I have heard). Anyway, Hertz only kept the Shelby program for about a year. I imagine they could have gotten some interesting GPS data if it had existed back then.


10 posted on 04/04/2005 7:48:35 PM PDT by 19th LA Inf
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To: NormsRevenge
State Attorney General Richard Blumenthal disagreed. "The state can't condone speeding, but it condemns moneymaking schemes designed as safety measures," he said.

Does this apply to red light cams too?

11 posted on 04/04/2005 7:52:23 PM PDT by umgud
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To: writer33

lol

Smile for the birdy high in the sky. ;-)


12 posted on 04/04/2005 7:54:23 PM PDT by NormsRevenge (Semper Fi ...... The War on Terrorism is the ultimate 'faith-based' initiative.)
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To: davisfh

There must be some way of faking the GPS out. Maybe you can drive it to the airport fly it cross country and back the same day to return it the next. If I ever won the lottery there would a lot of folks scratching their heads over some of the stunts I'd pull.


13 posted on 04/04/2005 8:02:55 PM PDT by meatloaf
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To: NormsRevenge

"State Attorney General Richard Blumenthal disagreed. "The state can't condone speeding, but it condemns moneymaking schemes designed as safety measures," he said. "

HAHAHAHAHAHAHAHAHA!!!!!

They just don't like the competition.


14 posted on 04/04/2005 9:23:11 PM PDT by agitator (...And that no man might buy or sell, save he that had the mark)
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To: meatloaf

There must be some way of faking the GPS out.

There has to be an antenna for the GPS somewhere. Just make a tinfoil hat for the antenna (stick it on with duct tape) ;^)


15 posted on 04/04/2005 9:26:41 PM PDT by Bring Back Old Sparky (Teddy K : Drink! Drive! Swim for your life!)
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To: 19th LA Inf
Of course I don't recall having broken any speed limits.

Of course not. You were going too fast to read the speed limit signs!

16 posted on 04/04/2005 9:34:25 PM PDT by Fresh Wind
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To: Bring Back Old Sparky

I'd want to put some unbelieveable mileage on the car so that it looked like the car did something like 6,000 miles in a 24hr period which would be 250 mph. Can you imagine the reaction when their immaculate computer spits out a 250mph average speed?


17 posted on 04/04/2005 9:43:17 PM PDT by meatloaf
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To: davisfh
"I can't help but wonder, armed with this knowledge, who
would rent a car from these people?"

If ever there was a class action law suit that needed to be filed it was by the Wiley Coyote against the ACME company. Without fail they delivered unsafe rocket powered roller skates, cars, and various devices of destruction that invariable attacked the coyote instead of "offing" that damned Road Runner. No I would not rent a car from ACME!!! :-)Go coyotes, death to Road Runners!!
18 posted on 04/04/2005 10:28:32 PM PDT by cpdiii (Oil Field Trash, Roughneck, Geologist, Pilot, Pharmacist, (OIL FIELD TRASH was fun))
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To: meatloaf
I am not certain that the GPS records where you have been (that would require a lot of non volatile memory). More likely that it keeps peak velocity (only one parameter to remember, not a series of parameters).

I like the idea of trying to make the rental company think that their car did 400 laps at Indy at a speed that the car cannot possibly achieve. ;^)
19 posted on 04/05/2005 9:04:22 AM PDT by Bring Back Old Sparky (Teddy K : Drink! Drive! Swim for your life!)
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To: NormsRevenge
The state Supreme Court on Monday upheld Connecticut's ban on a car rental company's use of a global positioning satellite system to track customers and fine them $150 for speeding.

I am shocked that any ruling went against Big Brother.

20 posted on 04/05/2005 9:05:10 AM PDT by Lazamataz (Cleverly Arranging 1's And 0's Since 11110111011...)
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