Bayol
Bayol v. Zipcar, Inc.
Opinion
Lead Opinion
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THELTON E. HENDERSON, District Judge
This matter came before the Court on January 26, 2015, on Zipcar’s motion to dismiss the complaint. The' Court has carefully considered the parties’ arguments, and now DENIES Zipcar’s motion, for the reasons set forth below.
BACKGROUND
Plaintiff Gabriela Bayol is a resident of Daly City, California and a member of Zipcar, a short-term car rental service. In order to use Zipcar, Bayol entered into a standardized Membership Agreement setting out the terms of her rentals. Under the Agreement, members must pay a fee of $50 per hour, up to $150, for returning a car late, in addition to the normal rental rate. Membership Agreement, Ex. A to Mot., at Schedule 2, § 1. Bayol alleges that she has returned a Zipcar late, and has accordingly paid the late fees set out in the Membership Agreement.
Bayol brought this putative class action to challenge Zipcar’s late fees under various California consumer protection statutes, including Civil Code section 1671(d), the Consumer Legal Remedies Act (“CLRA”), and the Unfair Competition Law (“UCL”). Bayol argues that Zipcar’s late fee provision is presumptively…