FORT MYERS, Fla.--(BUSINESS WIRE)--SubscriberWise, the nation’s largest issuing CRA for the communications industry and the leading protector of children victimized by identity fraud, announced today the latest subpoena duces tecum in the civil theft, fraud, and intentional negligence case filed in Lee County, Florida (Case No: 18-SC-001768).
The official process paper follows a command for production of documents filed days earlier in the Circuit/County Court of the Twentieth Judicial Circuit in and for Lee County, Florida (http://www.citizentribune.com/news/business/lee-county-issues-subpoena-commanding-defendant-enterprise-holdings-to-produce/article_6bd199da-2afd-5b5c-8563-99eef763e38b.html).
The subpoena duces tecum without deposition was filed on Thursday May 3, 2018, and reads, in part, as follows:
Comes now Plaintiff David Edward Howe in the above captioned case and COMMANDS Kevin Parsons, GRM National/Enterprise Holdings or Manuel Gonzales, Area Manager for Enterprise Holdings, or manager on duty, located at the National Car Rental Counter, SW FL Fort Myers International Airport, 10999 Terminal Access Rd., Fort Myers, FL 33913, to APPEAR at Lee County Port Authority Police Department, 11000 Terminal Access Rd., Suite 8671, Fort Myers, FL, on Monday the 14th day of May, 2018, at 10 a.m. EDT and to have with you at the time and place the following: Entire and complete loss/damage detail report, including the entire and complete repair history, including time, location, and itemized costs for any and all repairs associated with Veh#: GU214531, 2016 Toyota, Avalon, silver in color.
The case is set for pretrial hearing in July 2018, and will ultimately be tried in an open courtroom with the Honorable Archie B. Hayward, Jr. presiding.
See the shocking example revelations uncovered by CBC against Enterprise Holdings and others in the car rental industry:
- Enterprise Rent-A-Car credits customer $4,000 after Go Public investigates
- Budget Rent a Car 'may have' engaged in deceptive acts: consumer watchdog
“I have one simple message for anyone and everyone who is or who will be obtaining a car rental,” said David Howe, National Car rental crime victim and America’s child identity guardian. “Do not rely on agents to dismiss even the slightest -- most minor -- evidence of pre-existing vehicle damage.
“TAKE PHOTOS of every square inch, inside and outside,” Howe insisted. “Print and retain the ‘Rental Car Checklist – Protocol for Protection’ for use with every rental.
“And if agents refuse to document damage for any reason, walk away from the vehicle and cancel the contract immediately. If that option is not possible or practical, then call the police to the scene and have the officer document the damage with you. Agents will quickly comply in the presence of uniformed police and, most importantly, you’ll avoid a long and painful nightmare. Also, record everything. Lee Port Authority police detectives informed me that individuals have a right to record in public places.
Related: Enterprise Holdings’ National Car Rental SW FL Fort Myers International Airport Attempts to Charge Sanibel Couple for Hidden Under-Car Damage: http://www.winknews.com/2016/02/29/sanibel-couple-charged-for-under-car-damages-to-rental/
“It’s true,” admitted Howe. “In hindsight, I regret profoundly that I didn’t call the police during the initial predatory encounter. I regret that I didn’t make a video recording. Thankfully, though, I did take a single photo that ultimately protected me: https://www.businesswire.com/news/home/20161212006296/en/U.S.-Credit-Czar-SubscriberWise-Founder-David-Howe.
“Indeed, that one photo is the primary reason Wink News sent a team of reporters to the airport with cameras rolling,” continued Howe. “That one photo is the primary reason I was first invited to meet with United States Senator Marco Rubio’s field staff and, later, the reason I received a follow up invitation to travel to Sen Rubio’s Washington DC office to meet with legislative staff. That one photo is the reason I had the profound pleasure to meet with Florida Attorney General Pam Bondi’s Director of Consumer Protection, Victoria Butler, as well as other senior investigators for an hour-long and detailed view of the crime scene and supporting evidence. That one photo is the reason, the same day Lee Port Authority Police launched its criminal investigation, the money demands (https://soundcloud.com/user-370781554/national-car-rental-damage-recovery-scam), letters, and calls all abruptly and magically ended.
“Yes, it’s imperative to understand the risks and to know how to protect oneself,” Howe added. “Sadly, lawmakers have allowed the industry to operate with a remarkable lack of uniform and predictable standards. Worse, the predatory ‘forced arbitration’ clauses -- that agents proudly boast to otherwise honest and innocent consumers who simply expected the good faith and fair dealing covenant -- enable a cost-benefit analysis that, I believe, encourages this behavior.
“Frankly, it’s a worthwhile windfall for the industry and, as the FL AG’s office advised following my visit with Director Butler and senior investigators, it’s an issue that must be pursued with lawmakers.
“In fact, an agent for the Florida Attorney General told me directly that the car rental industry is the number one source of consumer complaints annually in the state of Florida.
“Enough said," concluded Howe. “I’ll see you in a court of law.”
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