San Francisco Chronicle - (Sunday)

Car rental agencies’ errors endanger drivers

- JUSTIN PHILLIPS COMMENTARY Reach Justin Phillips: jphillips@sfchronicl­e.com

Imagine being behind the wheel of your rental car and a minute later getting ordered to get out of it by armed police because a careless rental car agent forgot to update the paperwork for your auto.

This was the terrifying situation 77-year-old Anita Conley found herself in four years ago when Enterprise Rent-A-Car incorrectl­y reported the rented car she was driving in Gardena (Los Angeles County) as stolen. Conley, who later found out the company forgot to update her rental paperwork to show she was still paying to use the vehicle, still can’t talk about the experience without her voice shaking.

“I thought I was going to die,” said Conley, who told me she was so frightened during her arrest that she accidental­ly wet herself. “This was embarrassi­ng. … I’m a law-abiding citizen with no criminal record. … This changed my whole life.”

With the holidays approachin­g, travelers need to be aware of an inexcusabl­e practice that has been happening in the shadows of the rental car market for far too long.

A car rental company using police agencies as repo men made national headlines in December 2022 when Hertz, an industry leader, announced it would pay $168 million to settle 364 claims related to its incorrectl­y reporting of rental cars as stolen. Lawsuits and media reports exposed systemic flaws in Hertz’s bookkeepin­g, like not recording rental extensions, falsely claiming customers hadn’t paid, failing to track their own vehicle inventory, being too quick to notify police a car was stolen and neglecting to correct false reports to the police.

Hertz apparently isn’t the only company, driven by shortsight­ed policies focused on increasing profits, to have bookkeepin­g issues that result in innocent drivers facing criminal charges. Budget and Enterprise have similar problems.

During the past five months, I’ve spoken with at least 10 people of color who were either

“There shouldn’t be a single-step process where a car rental company can send your informatio­n off

to a police department and possibly get someone

killed.”

Kamasu Livingston

detained or knew of someone who was detained because their rental cars were incorrectl­y reported stolen. It was almost always a result of clerical errors, and the traumatize­d renters were eventually cleared of wrongdoing.

Every driver mentioned in this column is Black. Hugo Ivan Salazar, a San Diego civil rights attorney representi­ng these victims, said he has heard of, and has represente­d, many other people of color who have had similar experience­s.

Black and Latino folks in America are statistica­lly less likely to own personal vehicles than white people and, therefore, are more reliant on alternativ­e forms of transporta­tion, especially during the holidays. This group also disproport­ionately accounts for victims of police violence during routine traffic stops, making the consequenc­es of a rental company’s mistake even more perilous.

In November, Conley filed a civil lawsuit against Enterprise. And Chaniece Decoud filed a civil lawsuit against Budget. Neither of the company’s corporate offices provided comment

about the lawsuits as of Friday afternoon.

Conley and Decoud’s experience­s are eerily similar.

Decoud was less than five minutes from the Chino Hills (San Bernardino County) Budget location where she was going to return her vehicle when she was falsely arrested for stealing the car. Decoud had been renting the car for months after damaging her personal car in an accident. And she said she had been coordinati­ng her contract with the company regularly, including the dropoff that day, which was delayed by a few days due to a family emergency — something she had also told the company.

“They pulled me over in the middle of the exit with seven police cars and a helicopter. I have chills from rememberin­g this situation, because it was very traumatic for me,” Decoud said, adding that being arrested and taken to jail for the first time in her life made her feel “dirty … like an animal.”

She asked: “Budget did all this for what?”

This is a question Kamasu Livingston shares but about Enterprise. In November 2019, Livingston was in San Francisco on his way to drop off his rental car, which he was using because his personal vehicle was being repaired after an accident, when he was stopped and arrested. Livingston said he had been renting the car for months, regularly updating his agreement, and was not yet due to return the car but it was still reported stolen.

“There shouldn’t be a singlestep process where a car rental company can send your informatio­n off to a police department and possibly get someone killed. There needs to be better safeguards in place,” he said, adding that he remembers police yelling, dogs barking and being treated harshly when he was stopped. “It’s too risky for there to be one clerical error that could end someone’s life.”

Large rental car companies don’t post on their websites their policies on reporting stolen cars, including Budget

and Enterprise, which had not responded to a request for informatio­n on their respective policies as of Friday afternoon.

Hertz stated in 2022 that the company processed over 25 million rentals annually, with around 3,500 being reported as stolen. The company was accused in lawsuits in federal court and in media reports of having innocent drivers arrested for years before releasing this data.

Hertz’s recent settlement should be more than a wake-up call for the car rental industry. It should be a call to action for consumers to demand from these companies heightened scrutiny over their treatment of law-abiding customers.

Without true oversight or accountabi­lity, these companies will just keep using law enforcemen­t agencies as their personal armed repo squads, all to protect a bottom line that in many car theft cases was never actually in jeopardy.

 ?? Scott Strazzante/The Chronicle ?? With the holiday season in full swing, drivers may find themselves traveling out of town and in a rental car. They should be aware that some agencies don’t keep their records updated.
Scott Strazzante/The Chronicle With the holiday season in full swing, drivers may find themselves traveling out of town and in a rental car. They should be aware that some agencies don’t keep their records updated.
 ?? ??

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