Zipcar Customer Urges 1st Circ. To Revive Late-Fee Suit

Law360, New York (November 27, 2012, 7:27 PM EST) -- A Zipcar Inc. customer on Monday urged the First Circuit to revive her putative class action claiming the car-sharing service's membership agreements contain an unfair late-fee policy, saying the lower court misinterpreted Massachusetts consumer protection laws in tossing the suit.

Naomi Reed argued in a brief that U.S. District Judge Nathaniel M. Gorton wrongly determined in July that she could not assert a claim that Zipcar's automatic late-fee charge constituted an unlawful penalty under Massachusetts law.

The judge also erred in ruling that Reed didn’t state...
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