Legal Question in Consumer Law in Maryland

Teacher Publicly Humiliated and Stranded by Enterprise Rent A Car

Dear Sir or Madame''

I was publicly humiliated and stranded w/ my 4 children when an Enterprise rep. entered my classroom & school, without prior notice, & demanded the vehicle which I had been renting from the company as a result of an auto accident. My auto insurer, Geico, was paying the rental costs, but due to an error, needed to pick up a larger portion of the bill. I had just spoken to the rep a day before the humiliation, the rep entered my job & demanded the vehicle or the money. As I had told him, however, &after he left with my vehicle, my insurer called to tell me that Geico had paid the bill in full and that Geico had not been notified by Enterprise as to the problem. What can I do? Are there an laws which can help me resolve this issue and receive resolution and/or compensation for the hurt I received and the pain, humiliation,and grave inconvenience as well?


Asked on 4/15/02, 12:50 am

2 Answers from Attorneys
Alton Drew Alton Drew, LLC

Re: Teacher Publicly Humiliated and Stranded by Enterprise Rent A Car

In short, not in this case. If you are seeking recovery under intentional infliction of emotional distress you would need to show that Enterprise's actions were so outrageous that they would shock the conscience of the community. In this case I am afraid that there would not be such a finding. While Enterpise's actions may have been tacky or rude, there were not extreme and outrageous.

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Answered on 4/15/02, 1:03 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Teacher Publicly Humiliated and Stranded by Enterprise Rent A Car

You may be able to pursue a recovery under Federal

law over debt collection. See some of my other responses for information about this

action. Any recovery here would be based on how well the complaint

was asserted so as to fall within the statutory provisions of the Federal

fair debt collection law.

Defamation through an action in slander may be possible. However, the problem is going to

be the publication of a fact that was known or should have been known as false.

Where a third party auto insurer was liable for the costs and did not pay properly, a potential

"bad faith in claims dealing" claim may lie.

With all of these matters it is really a basis of what remedy you seek. Is it money or an appology?

If you already have an attorney for the underlying property damage or personal injury claim, present this matter

to him/her for assistance. If you do not have an attorney for the underlying claim, you should seriously consider

acquiring legal assistance. In this regard, see some of my other responses.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 4/15/02, 1:56 pm


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