A car rental damage case takes a strange twist

Here’s an update on a car rental case that was denied and then un-denied. It involves a Rent-A-Wreck franchise, a customer from Philadelphia, and corporate Rent-A-Wreck.

I can hardly believe the way it ended, and neither will you.

Back in October, I wrote about Tom Brouillette, who rented a car from Rent-A-Wreck in Albuquerque, NM. He’d bought car rental insurance, but when one of the tires on his vehicle blew out, the franchisee tried to charge him for the damage.

After the post appeared, corporate Rent-A-Wreck decided to cut Brouillette a check for $117, covering the cost of replacing the tire in full. It apparently didn’t consult with its franchisee before making the decision, but the move made good PR sense.

But there was just one small problem: Brouillette had already disputed the $117 charge on his credit card. He’d also cashed the check from corporate, and now the car rental franchisee was faced with the time-consuming process of answering the dispute and reversing the credit.

That’s when Rick Voccio, the president of the Rent-A-Wreck franchise in Albuquerque, contacted me. He explained the situation and said he’d tried to persuade Brouillette to drop his dispute, but hadn’t heard from him.

I’ve never mediated a case for a supplier, but I thought Voccio could use some help. So I suggested that he start a paper trail, and copy me on the correspondence. Obviously, Rent-A-Wreck shouldn’t have to pay $117 twice to Brouillette, or anyone else.

Here’s his first email to Brouillette:

I am contacting you today to resolve an issue that we have discovered. It appears that you disputed the amount of $117.92 on November 6, 2011 with your credit card company with regards to your vehicle rental between August 5, 2011 and August 17, 2011.

As a result, they have deducted this amount from our account and refunded it back to you.

However, Rent-A-Wreck of America stated they contacted you on October 31, 2011 and agreed to refund you; they sent you a check on November 1, 2011 in the amount of $117.

Would you be so kind to contact your credit card company and rescind the dispute so that they will refund us back the $117.92?

Brouillette didn’t respond. So I tried to contact him. Here’s what I wrote to him:

Hi Tom, I just heard from the Rent-A-Wreck franchise you were dealing with. I’m told that corporate refunded your tire and that you then disputed the other charge for the tire. They are asking that you drop the second dispute, since you would otherwise be compensated twice.

Have you heard anything from Rent a Wreck since your story ran?

I received no response to that, either.

Was Brouillette trying to double-dip on his car rental claim? I’ll never know, since he didn’t respond to my email.

Sometimes, customers feel as if any extra compensation they receive can be for “pain and suffering.” This is particularly true for travel insurance claims, which can be so tedious that travelers often feel they deserve to be paid for the trouble of filling out the forms.

Brouillette may have also thought that corporate Rent-A-Wreck was sending the $117 as a goodwill gesture, although that would be a little bit of a stretch.

But the bottom line is, it’s wrong to keep the extra money.

A few weeks later, I received an update from Voccio.

I hope that you were able to view the emails that we Bcc’d to you regarding Mr. Brouillette. He has not answered either email to date.

I did check with Visa to see if maybe he called them, but just didn’t bother letting us know (which I was hoping) however, they confirmed that he did not call to cancel the chargeback.

So, at this point, he has been paid twice for his claim…we believe he knows it also. We will need to send all the documentation into Visa for their review and wait to see if they will refund us.

And then, last week, Voccio reported that the matter was closed.

Just wanted to let you know that we did not hear from Mr. Brouillette; however, based on our documentation that we submitted to the credit card company, we were refunded the chargeback originally deducted from our account in the amount of $117.92.

I’m really unhappy with the way this case ended. While I think Brouillette’s car insurance should have covered him, and that it shouldn’t have ever come to a dispute, I can’t believe that he’d ignore requests by both the franchisee and me to drop what appears to be an invalid credit card dispute.

Update (Feb. 21, 2012):

Brouillette responds:

Thank you for your work on my behalf. I was unaware that there was anything about my situation actually posted on your web site regarding my dispute with Rent-A-Wreck in Albuquerque. I had heard that you did this kind of mediation from a friend of mine, who suggested I write to you about the dispute. I never followed up by looking on your web site to see if anything was there (I know you asked if you could write something for it, and I said yes, but that was the end of it and I never looked at what had been written–until today*).

I had no impression from Mr. Voccio that any kind of pressure ever influenced him. He never apologized, or took any responsibility. Rent-A-Wreck corporate headquarters sent me the $117 for the tire, but also assumed no responsibility. I never asked HQ for any money–I didn’t see it as their responsibility. I only hoped that the Albuquerque franchise would feel some pressure to reimburse me. Mr. Voccio seemed uninterested in a resolution in my favor. I didn’t even know that what you had posted had made any difference: neither he or Rent-A-Wreck mentioned anything about that, and I wasn’t reading your web site, either.

My reply in the long list of comments more-or-less sums up what happened afterward. By the time Corporate Rent-A-Wreck had agreed to send money, I had already started the charge-back. I waited to make sure the check would arrive. Then my work life became intensely busy. Mr. Voccio contacted you claiming that he was being treated unfairly, when there was no intention for me to do that. I thought that Mr. Voccio would simply re-run the credit card for the amount and that I did not need to do anything further (I thought that was the usual protocol). Mr. Voccio finally did ask me to contact the credit card company to let them know they should pay him, and I got around to this back in December. Mr. Voccio says that he got his money after presenting “documentation.” However, he told me that I had to take some positive action. My own busy life was the only thing in the way of making the call. I assume the money issue has been fully resolved for about two months now.

However, your posting about this taking on a “strange twist” is defamation. Your using his erroneous comments and the fact that you didn’t hear from me as fodder for your web site is actually the strange twist. You and subsequent commentators make a number of assumptions about what I did or did not do. Why did you write this? That I did not respond to you was only a function of not seeing your emails. Here is what you post:

*****

Brouillette didn’t respond. So I tried to contact him. Here’s what I wrote to him:

Hi Tom, I just heard from the Rent-A-Wreck franchise you were dealing with. I’m told that corporate refunded your tire and that you then disputed the other charge for the tire. They are asking that you drop the second dispute, since you would otherwise be compensated twice.

Have you heard anything from Rent a Wreck since your story ran?

I received no response to that, either.

Was Brouillette trying to double-dip on his car rental claim? I’ll never know, since he didn’t respond to my email.

*****

You do obviously valuable work, but inferring by your question that I may have been “trying to double-dip” is irresponsible.

  • Anonymous

    Now attempting to double-dip is really pathetic.

  • Anonymous

    Now attempting to double-dip is really pathetic.

  • http://profiles.google.com/leeannewrites LeeAnne Clark

    Wow Christopher. You’ve sure been getting them lately. First the bridezilla who tried to use you to shake down Sandals St. Lucia, and now the scammed car rental customer who tried to get double-compensation.

    What Rent-a-wreck did initially was reprehensible…but what Brouillette did was just as bad. I had a hard time voting, because as we all know, two wrongs don’t make a right, and BOTH parties in this case acted abysmally (does anyone think for a second that Rent-a-Wreck would have sent a check if they hadn’t been worried about the bad publicity?)

    But I had to go with the customer, because if people keep trying to use Christopher to perpetrate their own scams, he’ll stop helping ANY of us!

    STOP it, people! Get right with your conscience.

  • Anonymous

    Totally classless behavior on Brouillette’s part. Ugh.

  • Anonymous

    Maybe it’s a sign of the bad economy or that society has just taken a turn for the worse, but there seem to be so many more of these types of things happening lately.

    Shame on Tom for trying to bilk the car company out of $117 after they finally tried to deal with him fairly. In my opinion (based on past personal experience), the car rental industry ranks down there right above pond scum but in this case, I feel like the consumer is nothing more than a con artist trying to fleece RaW. And the scammy behavior of people like Tom does a disservice to the rest of us, who just want businesses to treat us fairly.

    Nice job, Tom.

  • Anonymous

    I had something similar happen – I had a missing shipment from Amazon, called them and they immediately overnighted a replacement.  Then, both arrived.  More than one person said that I should just keep both – I told them all that I wasn’t going to punish the one company that has provided consistently outstanding customer service.  If I am going to hold bad companies accountable, then I have to treat those that do a good job with respect.

  • Bob M

    The guys a jerk, karma will come his way, he is no better than a common theif.

  • Ryan Freedman

    I’d like to ask, do we honestly know that something didn’t happen to this gentleman?  Maybe he fell ill and is in the hospital.  I’m just hesitant to jump to conclusions without knowing that he actively attempted to double dip…

  • Anonymous

    My vote was that RAW was worse – the customer bought the insurance in good faith, and was denied the claim.  The second action wouldn’t have happened if the first hadn’t.  That does NOT absolve the customer from subsequent actions, though.

  • Anonymous

    The simple fact that Brouillette refused to respond either to you or to the rental company pretty much proves he knew he was in the wrong. People who try to game the system make it even harder for folks with legitimate complaints. At least his name is out there for all the world (or at least readers of this blog) to see.

  • http://pulse.yahoo.com/_HMW3OTJSBDWWRKIEKEKWWM7BEA bc

    I see lots of talk about emails, has anyone tried to call Mr. Brouillette?

    And I’m sorry Mr Voccio, you now know how your customers feel when they attempt to contact YOU about a dispute and are constantly stonewalled and given unacceptable or dismissive answers. While Mr Brouillette should not be reimbursed twice, the attitude of the Rent a Wreck’s franchise might lead me to ignore your emails and not contact you after receiving the run around for something you should have taken responsibility for in the first place. 
    This might be a childish response but forgive me if I don’t feel too sorry for your plight. 

  • Anonymous

    The rental company started this and could have ended it at any time by dealing fairly with Tom.

    Also, as happened, all RaW needed to do was to provide documentation that they had already refunded his money. This would have closed out the chargeback claim. Instead of dealing with the situation as they were supposed to (by documenting their refund as response to the chargeback) they whined to Christopher.

  • http://pulse.yahoo.com/_SYR4YYOAPY4X3UUYLPCADARF3Q emanon256

    I think they are almost equally bad.  Though, I actually voted that the rental company was worse, because as childish as this sounds, they started it.
    The rental company scams the consumer and then the consumer scams the rental company.  While I think the customer was totally out of line trying to double dib, and think he is unethical, I can’t help but also find it funny that the rental company then went to Chris for help when they got scammed, yet they are typically the ones doing the scamming.

  • Anonymous

    Tsk Tsk. Hypocritical much, Mr. Brouillette?

  • http://twitter.com/1stClassTVL Donna Caruso

    I would never double dip myself or condone such behavior of others, but I can’t help feeling like RAW got a taste of their own medicine. They have no problem “scamming” others, but are upset when it’s done to them. Oh well!

  • Anonymous

    It’s somewhat satisfying to let the travel companies jump through hoops to get their money back for once.  They didn’t exactly jump up to assist the customer to begin with, and he had to fight tooth and nail to get what he got.

    Of course the customer should not in turn fight his bank when they clawback the chargeback, but if I were in his place, I wouldn’t go out of my way to speed the refund on its way.

  • https://me.yahoo.com/a/5eKbZXoptotAyXTBCL8iE7XZ#ae6ff J

    Christopher, I’m curious. When Rent-A-Wreck agreed to the refund after your initial post, did you contact or follow-up with Mr. Brouillette? Had he already filed the dispute at that point, and if so, shouldn’t halting it have been part of the discussion then?Corporate should have communicated with the franchise before issuing the refund.

    My guess is that in the future they will also get it in writing from the customer that they will halt any disputes before agreeing to a refund. People want to know why so many companies say no when they ask for compensation. Look no further than this case.

    I went back and read the original post, and here is part the of letter that Mr. Brouillette sent to the franchise:I run a small business myself, and I know it’s hard work keeping everything running smoothly. I pride myself on customer service: in the rare instance where the customer isn’t satisfied, I refund what they ask. In the long run, it pays off in referrals and returning customers.

    So he got his refund and that makes it ok to bilk another small business owner? Wow.

  • Anonymous

    Rent-a-wreck tried to screw the guy WHO PAID FOR THE CDW and you’re calling him out for ignoring these thieves? You have got to be kidding me.  And you call yourself a consumer advocate?  I don’t think so. 

  • Anonymous

    How do we know he wasn’t going to refund the charge back after a couple of years, like these companies make consumers wait?  He should snap to?

  • Anonymous

    He treated RaW just like they treat consumers.  bravo.

  • Anonymous

    It proves nothing at all.  You can infer what you wish, but there is nothing near a logical proof.  What is the man has been in the hospital, traveling, or otherwise unable to respond.  What if he had contacted the rental company and they are being punitive?  The only fact here is that you don’t have any “proof” of anything. 

    God the state of education in this country is in the toilet. 

  • Anonymous

    It sure might justify a delay of a year or so on the part of the OP, in many folks mind.

  • Anonymous

    Good point – my assumption was that, based on the lack of acknowledgement from the OP, there was no intention of reimbursement of overpayment.

  • http://twitter.com/prairie_girls Prairie Girl

    I hope Tom Brouillette remembers that the internet is forever… now future customers and employers searching for his name will find THIS!  What a stand-up, honest guy! 

    On the other hand, it’s not exactly an excuse for his behaviour but… if you look at his Facebook profile picture it does look like he really needs the money!

  • Anonymous

    All the franchisee has to do is to respond to Visa’s inquiry with a copy of the paid check and a statement that a full refund has been made.  They will then straighten things out.  It’s really all quite easy (and I have had the same situation so know how easy it is).

  • Anonymous

    One type of double dipping. Rental car agencies commit insurance fraud. They collect both from their insurance company for damage to their cars and also from the customer. Of course, they don’t tell either one about what they collect from the other one.

  • http://pulse.yahoo.com/_APYUUYTDD54O3Q3ADJDX4EILGI AllanJ

    The rental company should not have cut the customer a check for the disputed amount. Rather it should have refunded it through the credit card company.

    It is possible that the credit card company rules do not allow making refunds of amounts charged on the card using other means such as by cash or check.

  • http://pulse.yahoo.com/_7JRPERPML6PGEK75ABURVVROJM Shukhrat

    It depends on a company, I dealt with expedia once and I would double dip with them any time I should get a chance, when they need your business – they always available and nice, once you need  your money or portion of your money back, that’s where saga of trying to reach person familiar with the matter begins, they’ll give you a run around, you’ll get disconnected numerous times, department that reviews these kind of cases only available via fax, or you’ll get PO Box in a middle of nowhere and you have to sent your paperwork there using certified mail. All that hassle worth double dip when AND I REPEAT when you deal with companies like I described above, but there is companies that refund/reimburse you immediately, they know you’ll come back to them and they’ll make their profits and btw, they have not lost any money because of the refund, they might only lost unrealized profits, but well – why should you pay for someones unrealized P&L.

  • Anonymous

    I agree. While I think it’s indisputably true that the customer does not deserve both the credit card refund and the check, why is it his obligation to spend time and energy setting it right? Shouldn’t the business be able to settle this with the credit card company?

  • type2tom

    I think this has all been resolved now. When Mr. Voccio refused to honor his promise to “cover any and all damage,” I had tried to find some recourse. A charge-back was one of the options. The offer from Rent-A-Wreck corporate offices to refund came AFTER I had already began the charge-back process. I decided to wait until I got the check, and then my own business became extremely busy. There was no double-dipping or intent to inflict any other trouble on the Rent-A-Wreck people.  I did get around to contacting the credit card people and told them they should go ahead and re-charge the card (I had also mistakenly thought that this would have happened automatically anyway, without further action). I’m writing this in late February 2012–until today I had no idea there was any sort of public  commentary on this. As far as I know, this was resolved in November or December. Tom Brouillette

  • type2tom

    I think this has all been resolved now. When Mr. Voccio refused to honor his promise to “cover any and all damage,” I had tried to find some recourse. A charge-back was one of the options. The offer from Rent-A-Wreck corporate offices to refund came AFTER I had already began the charge-back process. I decided to wait until I got the check, and then my own business became extremely busy. There was no double-dipping or intent to inflict any other trouble on the Rent-A-Wreck people.  I did get around to contacting the credit card people and told them they should go ahead and re-charge the card (I had also mistakenly thought that this would have happened automatically anyway, without further action). I’m writing this in late February 2012–until today I had no idea there was any sort of public  commentary on this. As far as I know, this was resolved in November or December. Tom Brouillette