American Car Rental, Inc. v. Commissioner of Consumer Protection

Opinion

BORDEN, J.

The principal issue in this appeal is whether the $150 speeding fee charged by the plaintiff, American Car Rental, Inc., to a customer each time the customer’s rental vehicle exceeded seventy-nine miles per hour continuously for two minutes or more represented a valid liquidated damages charge or an illegal penalty. The plaintiff appeals from the judgment of the trial court, dismissing its administrative appeal of the final decision and order of the defendant, the commissioner of consumer protection, who had determined that the speeding fee constituted an illegal penalty and…