Harbour v. Arelco, Inc.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case arises under Indiana Code § 24-4-9, a consumer protection statute regulating motor vehicle rentals (“Vehicle Rental Act”). We conclude that portions of the car rental contract used in this case do not conform to the Act and therefore, as the Act provides, are unenforceable.

Factual and Procedural History

On March 2, 1991, Owen Harbour rented a 1991 Mercury Grand Marquis from Arel-co, Inc., d/b/a National Car Rental Systems, in Terre Haute, Indiana. The agreement between the two parties consisted of three documents: 1) a two-page document entitled…