Calderon v. Sixt Rent a Car, LLC

Opinion

MEMORANDUM DECISION AND ORDER

Before the Court are two motions: (1) Defendants' Motion to Dismiss Plaintiff Calderon's Claims and for Oral Argument ("Motion to Dismiss") (DE [11]), and (2) Defendants' Motion to Compel Arbitration of Plaintiff Marin's Claims, or, Alternatively, For Limited Discovery Concerning Arbitrability and for Oral Argument ("Arbitration Motion") (DE [12]). The Court has considered the well-briefed positions by both sides. In so doing, the Court dispenses with oral argument and DENIES both motions.

I. BACKGROUND¹

Defendants are Sixt Rent a Car, LLC and Sixt Franchise USA, LLC,² together forming a luxury [*2]  car-rental company. See Compl. ¶ 1 (DE ). Plaintiffs form a putative class and file this action against Sixt for allegedly imposing unauthorized, fraudulent charges in violation of Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"), see Fla. Stat. §§ 501.201-.213, and the Florida Consumer Collection Practices Act ("FCCPA"), see Fla. Stat. §§ 559.55-.785. See Compl. ¶ 1 (DE ). According to Plaintiffs, Sixt has "organized a company-wide scheme to systematically defraud consumers" by "mark[ing] up diminution in value, loss of use charges, engineer fees, and administrative fees/costs, in excess of the actual cost to serve as a profit generator" and charging unauthorized fees like "repair costs for alleged property damages to vehicles, recovery/storage fees, administrative fees, loss of use costs, engineers fees, diminution of value charges, appraisal fees, and dunning charges." (Id.).

Two named plaintiffs seek to represent the putative class: Philippe Calderon ("Calderon") and Ancizar Marin ("Marin"). Though separated by roughly three years, their stories are similar; each reserved and rented a luxury car from Sixt and each incurred these unauthorized, fraudulent fees. Their stories, however, differ in one significant way: [*3]  Calderon made his reservation directly through Sixt's website (id. ¶ 49), while Marin made his through Orbitz.com, a third party with whom Sixt contracts and through which Sixt's inventory can be reserved and rented (id. ¶ 75). Based on this, Plaintiffs have subdivided their class into various groups.³ As to the two motions at issue here, the two relevant subclasses are those having made reservations directly through Sixt's website, and those having made reservations through third-party Orbitz. This Order will refer to the former simply as "Calderon" and the latter simply as "Marin."

Again, despite the different manner in which they made their reservations, their stories are otherwise largely identical. This is particularly true for their post-reservation allegations—that is, when they visited Sixt's kiosks to pick up their rental cars and sign the operative agreements.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.