288162 v1 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

Edward Schwartz, on behalf of himself 

and others similarly situated, 

 Plaintiff, 

 vs. 

Avis Rent A Car System, LLC, 

Defendant. 

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Civil Action No. 11-4052(JLL) 

FIRST AMENDED 

CLASS-ACTION COMPLAINT 

 

INTRODUCTION

Edward Schwartz, on behalf of himself and others similarly situated, brings this 

action to obtain damages from and injunctive relief against Avis Rent A Car System LLC 

for charging him and class members hidden surcharges for frequent-flyer miles or 

rewards points earned from Avis’s travel partners in connection with their rental-car 

agreements. 

PARTIES

1. Plaintiff, Edward Schwartz, is a citizen of Ohio, residing at 5060 Crofton 

Road, Solon, Ohio 44139. During the class period, Avis charged Schwartz and Schwartz 

paid Avis a hidden surcharge for frequent-flyer miles he earned from an Avis travel 

partner in connection with his rental-car agreement. 

2. Defendant, Avis Rent A Car System, LLC, is a Delaware general limited 

liability company with world headquarters located at 6 Sylvan Way, Parsippany, NJ 

07054. Avis controls its website, www.avis.com, from these headquarters. 

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JURISDICTION AND VENUE

3. This Court has diversity subject-matter jurisdiction over this class-action 

lawsuit pursuant to the Class Action Fairness Act of 2005, which amended 28 U.S.C. § 

1332 to add a new subsection (d) conferring federal jurisdiction over class actions where, 

as here, “any member of a class of Plaintiffs is a citizen of a State different from any 

defendant” and the aggregated amount in controversy exceeds five million dollars 

($5,000,000), exclusive of interest and costs.” 

4. This Court has personal jurisdiction over the parties because Plaintiff 

submits to this Court’s jurisdiction and Avis is headquartered in this District. 

5. Venue exists in this Court under 15 U.S.C. § 22 and 28 U.S.C. § 1391 

because Avis resides in, transacts business in, is found within, and has agents in this 

District and a substantial part of the events giving rise to Plaintiff’s claims arose in this 

District. 

FACTUAL ALLEGATIONS

A. Avis’s background

6. Avis and its subsidiaries operate one of the world’s leading car-rental 

brands, providing business and leisure customers with a wide range of services at more 

than 1,200 locations in the U.S. and nearly 900 locations in Canada, Australia, New 

Zealand, and the Latin American/Caribbean region. Founded in 1946, Avis was the first 

company to rent cars at airport locations. Within the U.S., Avis maintains approximately 

344 airport locations and 905 off-airport locations. 

7. To rent a vehicle from Avis, customers must make a vehicle reservation 

either by telephone or online through www.avis.com. This lawsuit currently concerns 

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only vehicle rentals made through www.avis.com. 

8. When making reservations through www.avis.com, customers enter the 

date, time, and location of their rental; the type of vehicle to be leased; and certain 

personal data. 

9. When making their online reservation, customers also may choose to 

purchase, for an additional fee, rental options such as GPS Navigation, Roadside 

SafetyNet, XM Radio, a Fuel Service Option, and various rental protections and 

coverages, such as Loss Damage Waiver, Personal Accident Insurance, Personal Effects 

Protection, and Additional Liability Insurance. 

10. During the online-reservation process, Avis prominently displays an 

estimated total of the rental charges on-screen, which estimated total includes the 

customer’s base rate, taxes and surcharges, and any rental options. 

11. Upon completion of the online reservation, Avis e-mails a confirmation of 

this estimated rental total cost to the customer. This estimated total cost continues to 

include the aforementioned mandatory and optional charges as well as a suggestion that 

the total cost’s “estimated” qualifier concerns the fact that “[e]xtensions or late returns

result in additional charges” (emphasis added). 

12. While Avis only sometimes provides customers with a document entitled 

Rental Terms and Conditions at the time that customers pick up their rental vehicles, 

Avis always provides customers with a Rental Document that describes details of the 

rental, including the vehicle’s make and model; the rental dates; the mileage at pick-up; 

and an itemized list of the rental charges, including all optional charges such as GPS 

Navigation and the Fuel Service Option. 

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13. Similarly, when customers return the vehicle, Avis provides them a Return 

Document, which itemizes the final rental charges. 

14. As part of Avis’s vehicle-rental business, it offers complimentary 

membership programs designed to speed-up and streamline the car-reservation and rental 

process. 

15. The My Avis Service Program provides customers with a personal member 

identification number—a “Wizard” number—that allows them to create and save a rental 

profile that contains their personal data, rental preferences, and special-discount 

information. This way, customers needn’t provide this information every time they make 

a reservation. 

16. The Avis Preferred Service Program also allows customers to create a 

personal rental profile. But this program, which requires a Wizard number, includes the 

added benefit of allowing customers to bypass the service counter upon airport arrival 

and to proceed directly to their reserved rental vehicle where the Rental Document and 

sometimes the Rental Terms and Conditions await them. 

17. Customers who enroll in the My Avis Service Program agree to be bound 

by Avis’s Terms of Use/Disclaimer. 

18. Customers who enroll in the Avis Preferred Service Program agree to be 

bound by the Avis Preferred Service Global Terms and Conditions (“Preferred Terms and 

Conditions”). 

19. My Avis and Avis Preferred Service Members may choose to receive ereceipts for their rental transaction, which e-receipts itemize their final rental charges. 

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B. Avis’s travel-partner program and this program’s secret frequent-flyer 

surcharge

20. Through Avis’s Travel Partner Program, customers may earn frequentflyer miles or reward points with Avis’s Travel Partners on car rentals made at 

participating Avis airport locations. 

21. For example, customers can earn 50 miles per rental day or 500 miles on 

rentals of five or more days with Continental Airlines and can earn 600 rewards points 

per rental with Southwest Airlines. 

22. Avis Preferred Service customers who wish to earn frequent-flyer miles or 

rewards points may enter their frequent-flyer or rewards program membership number 

during the online reservation process. All other customers who wish to earn miles or 

reward points may submit their frequent-flyer or rewards-program membership number 

by telephone after completing the online reservation. 

23. To participate in its Travel Partners’ frequent-flyer and reward-points 

programs, Avis pays its Travel Partners for the cost of miles or points purchased from 

them as well as a 7.5% federal excise tax. Under the Tax Relief Act of 1997, this 7.5% 

federal-excise tax applies to all states, except Arizona, California, Missouri, Oregon and 

Wyoming. 

24. But without suitable disclosure, Avis turns around and charges its 

customers a surcharge for “earning” miles or reward points from its Travel Partners when 

at all points in the rental process Avis has suggested to its customers that mileage or 

reward points would be a free perk, like everyday consumers have come to expect unless 

told otherwise. 

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25. Although the amount of this surcharge may vary depending on the reward 

program involved, Avis typically charges its customers $0.75 per rental day for the 

“benefit” of accruing frequent-flyer miles or reward points. 

26. But Avis’s Rental Terms and Conditions; the Terms of Use/Disclaimer 

associated with Avis’s My Avis Service Program; and the Preferred Terms and 

Conditions associated with Avis’s Avis Preferred Service Program never explain that 

Avis will charge customers for frequent-flyer miles or reward points. 

27. In this manner, Avis baits and switches its customers first by suggesting 

that frequent-flyer miles or reward points are a free “perk” and then quietly—if not 

secretly—charging customers for this perk without ever properly and objectively 

disclosing and explaining this surreptitious charge. 

28. At no time during the reservation-and-rental process does Avis disclose to 

anyone—in an objectively visible and understandable way—that it will charge all 

customers for frequent-flyer surcharge for miles or reward points earned with vehicle 

rentals. 

29. Instead, Avis tricks customers into believing that their frequent-flyer miles 

or reward points are a free perk awarded to loyal renters while unnoticeably charging 

them for these miles or points. 

30. Unlike surcharges for the Energy Recovery Fee, Customer Facility 

Charge, and rental options like GPS Navigation, Avis does not list its frequent-flyer 

surcharge on the estimated total that Avis prominently displays during and the online 

reservation process, nor does Avis list this surcharge anywhere on the e-mail reservation 

confirmation, which confirmation itemizes every other charge that Avis intends to charge 

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its customer. 

31. Likewise, Avis’s various terms and conditions make no mention that Avis 

will charge customers for earning frequent-flyer miles or reward points. With respect to 

rental charges, Avis’s Rental Terms and Conditions and its Preferred Terms and 

Conditions instead explain as follows: 

6. Rental Charges 

* * * 

You’ll pay all charges that apply to the rental for 

miscellaneous services, and, where permitted, airport 

facility fees and/or concession recovery fees, and vehicle 

license recovery fees, other fees and surcharges. 

32. What’s more, Avis’s Preferred Service Benefits webpage simply 

proclaims that “[w]ith over 50 travel partners worldwide, it’s easy to earn frequent 

traveler miles or points on paid rentals,” while its Traveler Preferences – HELP webpage 

merely explains, as follows: 

Frequent Traveler Program 

Avis has many partner relationships with airlines, hotels, and destinations. 

Renters can earn bonus miles, points and special discounts in these 

programs. 

Frequent Traveler Membership Number 

Avis has many partner relationships with airlines, hotels, and destinations. 

Renters can earn bonus miles, points and special discounts in these 

programs. 

33. Like Avis’s Rental Terms and Conditions and its Preferred Terms and 

Conditions, Avis’s Preferred Service Benefits and Traveler’s Preferences – HELP 

webpages also make no mention of charging customers for frequent-flyer miles or reward 

points—even while specifically discussing Avis’s frequent-traveler program. 

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34. Instead of describing its frequent-flyer surcharges during the reservation 

process or anywhere in the explanatory materials that shape and control its customers’ 

rental relationship, when customers pick up their vehicles, Avis includes on the Rental 

Document—for the first time—a line-item charge tucked discreetly into the lower lefthand corner entitled “FTP SUR.” (Avis switches to describing this coded entry as “FTP 

SR” on customers’ Return Document or optional e-receipt.) 

35. Importantly, neither Avis’s Rental Document nor its Return Document or 

e-receipt describes theses codes (although describing them in the Return Document or ereceipt wouldn’t much matter since by that time a customer’s rental is concluded) or 

explains that these codes concern surcharges for customers’ frequent-flyer miles or 

reward points earned from vehicle rentals. 

C. Plaintiff’s facts

36. On May 15, 2011, Plaintiff—an Avis Preferred Service member—made a 

rental reservation through www.avis.com. His reserved a one-day rental of a Ford 

Escape (or similarly classed vehicle) for May 15-16, 2011, which he planned to pick up 

and return to Manchester-Boston Regional Airport. 

37. During the reservation process, Avis prompted Plaintiff to enter his 

Continental OnePass frequent-flyer number, which he did. This way, Plaintiff could 

receive 50 frequent-flyer miles for his one-day car rental. 

38. Before completing his vehicle rental, Avis listed all of Plaintiff’s rental 

charges, none of which included a frequent-flyer mile surcharge. 

39. Immediately after Plaintiff completed his rental reservation, Avis sent him 

an e-mail reservation confirmation, which confirmation estimated the total cost for the 

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rental to be $134.11. A true copy of that confirmation is attached as Exhibit 1. 

40. Plaintiff’s estimated total cost included all the charges that only moments 

earlier he had selected (i.e., GPS navigation) or that Avis had required (i.e., Avis’s daily 

rental amount and the associated taxes, fees, and charges)—and that Avis had listed—

when Plaintiff made his reservation. 

41. Avis’s e-mail reservation confirmation quoted only the following charges 

and fees, making no mention of a frequent-flyer surcharge:

Base Rate and Charges

Base Rate $94.99/day 

Energy Recovery Fee $0.50/day 

Vehicle License Fee $3.00/day 

Customer Facility Charge $2.25/day 

Concession Recovery Fee 10 % 

Tax (9.0%) $9.92 

Rental Options

GPS Navigation $13.95 

42. Avis’s e-mail reservation confirmation described certain taxes and fees 

that were not included on it: 

Additional Fees 

Optional equipment and coverages may be subject to taxes and fees that 

are not included in the estimated total. 

* * * 

Where2 GPS Navigation: 

• Taxes not included. 

* * * 

Gas Service Option: 

Fees for the Gas Service Option are not included in the Estimated Total. 

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43. But unlike Avis’s e-mail reservation confirmation’s suggestion that the 

aforementioned charges would appear later, this confirmation neither included a frequentflyer surcharge nor suggested that it would appear later. 

44. So while Plaintiff knew precisely what other charges to expect (or not to 

expect), he neither had nor could have had any idea that Avis intended to charge him for 

frequent-flyer miles or reward points. 

45. When Plaintiff arrived at the airport on the day of his rental, as an Avis 

Preferred Service member he dashed past the Avis service counter and headed directly to 

his vehicle, as Avis intended. 

46. Avis had slid Plaintiff’s Rental Document (true copy attached as Exhibit 

2) into a Rental Terms and Conditions sleeve (true copy attached as Exhibit 3) and had 

placed both inside his car. Plaintiff’s Rental Document included the identical charges as 

had appeared on Avis’s e-mail reservation confirmation but now—for the first time—

Avis included its $0.75/day “FTP SUR” charge. 

47. As described earlier, this new charge was tucked quietly into the Rental 

Document’s lower left-hand corner as the bottom line in a sea of other undefined and 

unhighlighted codes and in tiny font designed and formatted never to be read or 

questioned, much less understood by a reasonable customer, especially one who was 

dashing and driving, as Avis’s Preferred Service program encouraged. 

48. When Plaintiff returned his car the next day, Avis issued him a Return 

Document (true copy attached as Exhibit 4) and later sent him an e-receipt, a true copy of 

which is attached as Exhibit 5. Both included an “FTP SR” charge of $0.75/day, still 

failing ever to explain what this charge was and switching it from FTP SUR to FTP SR. 

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CLASS-ACTION ALLEGATIONS

49. Plaintiff brings this lawsuit on behalf of the following class under Rules 

23(b)(2) and (3) of the Federal Rules of Civil Procedure: 

All Avis customers who rented a vehicle from Avis through 

www.avis.com and who paid a surcharge for earning 

frequent-flyer miles or rewards points from an Avis Travel 

Partner. 

Excluded from Plaintiff’s class are (a) Avis and any entity 

in which Avis has a controlling interest; (b) Avis’s 

employees, officers, directors, agents, and representatives 

and their family members; (c) class counsel, employees of 

class counsels’ firms, and class counsels’ immediate family 

members; and (d) the presiding judge and/or magistrate 

judge and any of their immediate family members. 

50. Avis deceived Plaintiff into paying a surcharge for his frequent-flyer miles 

or reward points in connection with his vehicle rental; therefore, Plaintiff is class 

member. 

51. Plaintiff can identify all other class members from Avis’s records. 

52. Plaintiff does not know the exact size of the class since this information is 

in Avis’s exclusive control. But based on the nature of the commerce involved, Plaintiff 

believes that the class numbers in the thousands and that class members are dispersed 

throughout the U.S. Therefore, joinder of all class members would be impracticable, and 

class treatment is the superior method for fairly and efficiently adjudicating this 

controversy. 

53. Plaintiff’s claims are typical of other class members’ claims because 

Plaintiff and class members were all injured by Avis’s uniform deception of leading 

customers to believe that Avis would not charge them for frequent-flyer miles or rewards 

points. Accordingly, by proving his own claim Plaintiff will necessarily prove the other 

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class members’ claims. 

54. Common legal or factual questions predominate within the class, including 

but not limited to the following: 

a. Whether Avis’s uniform representations, omissions, and conduct 

regarding its frequent-flyer miles or rewards-points surcharge were 

misleading or false; 

b. Whether Avis’s uniform representations, omission, and conduct 

were likely to deceive consumers into believing that the frequentflyer miles or reward points earned through a car rental were free; 

c. Whether Avis’s uniform behavior violated the New Jersey 

Consumer Fraud Act, N.J.S.A. 56:8-1, et seq.; 

d. Whether Avis engaged in deception in marketing the Travel 

Partner Program; 

e. Whether Avis undertook a course of conduct to hide its frequentflyer miles or rewards-points surcharge; 

f. Whether Avis’s conduct injured Plaintiff and class members; 

g. Whether as a result of Avis’s wrongdoing, Plaintiff and class 

members sustained damages and are entitled to restitution and if 

so, the proper measure and appropriate formula for determining 

their damages and restitution; and 

h. Whether Avis owes Plaintiff and the class members injunctive 

relief. 

55. Plaintiff can and will fairly and adequately represent and protect class 

members’ interests and has no interests that conflict with or are antagonistic to their 

interests. Moreover, Plaintiff’s attorneys are experienced and competent in complex, 

class-action litigation. 

56. Class certification is the superior procedural vehicle for fairly and 

efficiently adjudicating Plaintiff’s claims because: 

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a. Common questions of law or fact predominate over any individual 

questions that exist within the class and, consequently, economies 

to the Court and the parties exist in litigating these common issues 

on a classwide basis instead of on a repetitive, individual basis; 

 b. Each class member’s damage claim is too small to make individual 

litigation an economically viable possibility, and few class 

members have any interest in individually controlling the 

prosecution of separate actions; 

 c. Class treatment is required for optimal deterrence and 

compensation and for limiting the Court-awarded, reasonable legal 

expenses incurred by class members; and 

 d. Despite the relatively small size of each class member’s claim, the 

aggregate volume of their claims—coupled with the economies of 

scale inherent in litigating similar claims on a common basis—will 

enable class counsel to litigate this case on a cost-effective basis; 

and 

 e. Plaintiff anticipates no unusual difficulties in this class action’s 

management in that all legal and factual questions are common to 

the class. 

57. Class certification is appropriate under Federal Rule 23(b)(2) because 

Avis has acted on grounds generally applicable to Plaintiff and the class members, all of 

whom are at imminent risk of irreparable harm from Avis having charged and continuing 

to charge them hidden surcharges for frequent-flyer miles and reward points, and all of 

whom are entitled, as a result, to a declaration that establishes their rights and Avis’s 

duties with respect to these surcharges. 

FIRST CAUSE OF ACTION

Violation of New Jersey Consumer Fraud Act 

(N.J.S.A. 56:8-1, et seq.) 

58. This legal claim incorporates all of the foregoing allegations. 

59. In violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et 

seq.—particularly N.J.S.A. 56:8-2—Avis used and employed unconscionable commercial 

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practices, deception, fraud, misrepresentations, and/or the knowing concealment, 

suppression, and/or omission of material facts with the intent that others rely thereon, in 

its marketing and advertisement of its Travel Partner Program. 

60. Avis’s misrepresentations, omissions, and unconscionable commercial 

practices include: 

a. Misrepresenting that its Travel Partner Program was free by failing 

to disclose its frequent-flyer miles or rewards-points surcharge 

while enumerating other fees and charges associated with vehicle 

rental; 

b. Intentionally concealing its frequent-flyer miles or rewards-points 

surcharge by failing to disclose it during the reservation process 

and then burying this surcharge in its Rental Document and Return 

Document; and 

c. Reaping profits to which it was not entitled by inducing consumers 

to participate in a seemingly “free” Travel Partner Program while 

charging unsuspecting consumers for participating in this program. 

61. The acts, practices, misrepresentations and omissions by Avis described 

above constitute unconscionable, unlawful, fraudulent, and deceptive commercial 

practices. Plaintiff has suffered an ascertainable loss as a direct and proximate result of 

this conduct. 

SECOND CAUSE OF ACTION

Breach of Contract under New Jersey Law 

62. This legal claim incorporates all of the foregoing allegations. 

63. Plaintiff contracted with Avis by reserving a rental vehicle on 

www.avis.com. That contract never explained that Avis would charge him for frequentflyer miles or rewards points. 

64. Plaintiff fully performed and satisfied his obligations under the contract 

that Avis formed with him through Avis’s reservation process. 

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65. Avis breached its contract with Plaintiff by not performing according to 

the contract’s obligations in violation of New Jersey common law and by instead 

charging Plaintiff for frequent-flyer miles that Avis offered to Plaintiff for free as a term 

of Avis’s rental offer. 

66. Plaintiff has suffered damages as a direct and proximate cause of Avis’s 

breach of contract. 

THIRD CAUSE OF ACTION

Breach of Implied Covenant of Good Faith and Fair Dealing 

67. This legal claim incorporates all of the foregoing allegations. 

68. The contract formed between Avis and Plaintiff through Avis’s 

reservation process was subject to the implied covenant that Avis would conduct its 

business with Plaintiff in good faith and would deal fairly with him. 

69. Avis breached this implied covenant by failing to disclose its Travel 

Rewards Program surcharge and by misrepresenting that this program was free when 

Avis knew that it was subjecting Plaintiff to a charge that, due to Avis’s failure to 

disclose it, Plaintiff could never have contemplated nor agreed to pay. 

70. Avis breached this implied covenant by not providing terms in its contract 

that conspicuously disclosed this surcharge to the Plaintiff. 

71. Plaintiff has been damaged as a direct and proximate result of Avis’s 

breach of the implied covenant of good faith and fair dealing. 

FOURTH CAUSE OF ACTION

Request for Injunctive Relief under New Jersey Law 

72. This legal claim incorporates all of the foregoing allegations. 

73. Injunctive relief is appropriate when it appears with reasonable certainty 

that a party to an action will continue or repeat its wrongful acts. 

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74. Enjoining Avis from continuing to charge customers, like Plaintiff, its 

hidden surcharge for frequent-flyer miles and reward points is appropriate because 

Plaintiff has established a reasonable likelihood of success on the merits; Plaintiff will 

suffer irreparable harm without such an order; the balance of the equities, including the 

public interest, weigh in favor of granting Plaintiff’s request injunctive relief; and 

alternate remedies are inadequate to assist Plaintiff. 

FIFTH CAUSE OF ACTION

Request for Declaratory Relief Pursuant to the 

Declaratory Judgment Act, 28 U.S.C. § 2201 et seq.

75. This legal claim incorporates all of the foregoing allegations. 

76. Plaintiff contends that Avis is charging him and others illegal surcharges 

for frequent-flyer miles or reward points; Avis likely believes these surcharges are not 

illegal. 

77. As such, an actual controversy exists between Plaintiff and Avis 

concerning the parties’ rights and duties with respect to the legality of Avis’s surcharge 

for frequent-flyer mile and reward points. 

78. The parties require this Court’s declaration as to their respective rights, 

duties, and any other relevant legal relations, whether or not Plaintiff could seek or is 

otherwise entitled to further relief.

NOTICE TO ATTORNEY GENERAL OF ACTION

79. Pursuant to N.J.S.A. § 56:8-20, Plaintiff will mail a copy of this First 

Amended Class-Action Complaint to the New Jersey Attorney General within 10 days 

after filing it with the Court.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully request that this Court enter judgment as 

follows: 

A. An order declaring that this action is properly maintainable as a class 

action, certifying Plaintiff as the class representative, and designating Plaintiff’s counsel 

as lead counsel for the class; 

B. An order awarding Plaintiff and the Class compensatory damages, treble 

damages, attorneys’ fees, and costs of suit for Avis’s consumer fraud, pursuant to 

N.J.S.A. 56:8-19; 

C. An order awarding damages to Plaintiff and the class for Avis’s breach of 

contract; 

D. An order awarding damages to Plaintiff and the class for Avis’s breach of 

the duty of good faith and fair dealing; 

E. An order enjoining Avis from continuing to charge customers for 

receiving frequent-flyer miles of reward points unless Avis properly discloses these 

charges; 

F. An order declaring illegal Avis’s practice of charging customers for 

frequent-flyer miles or reward points with proper disclosure; 

G. An order awarding Plaintiff pre- and post-judgment interest; 

H. An order awarding Plaintiff’s costs of suit; and 

I. An order providing such other and further relief as this Court may deem 

just and proper. 

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JURY DEMAND

Plaintiff demands a trial by jury. 

Dated: August 11, 2011 LITE DEPALMA GREENBERG, LLC

 

s/ Bruce D. Greenberg 

Bruce D. Greenberg 

Susana Cruz Hodge 

Two Gateway Center, 12th Floor 

Newark, NJ 07102 

Telephone: (973) 623-3000 

Facsimile: (973) 623-0858 

E-mail: bgreenberg@litedepalma.com 

 scruzhodge@litedepalma.com 

 

GOLDMAN SCARLATO & KARON, P.C.

Daniel R. Karon

700 W. St. Clair Avenue, Suite 204 

Cleveland, OH 44113 

Telephone: (216) 622-1851 

Facsimile: (216) 241-8175 

E-mail: karon@gsk-law.com 

GOLDMAN SCARLATO & KARON, P.C. 

Brian D. Penny 

Laura Killian Mummert 

101 West Elm Street, Suite 360 

Conshohocken, PA 19428 

Telephone: (484) 342-0700 

Facsimile: (484) 342-0701 

E-mail: penny@gsk-law.com 

 mummert@gsk-law.com 

MILLER GOLER FAEGES, LLP 

Jay R. Faeges 

1301 E. 9th Street, Suite 2700 

Cleveland, OH 44114-1835 

Telephone: (216) 696-3366 

Facsimile: (216) 363-5835 

E-mail: faeges@millergolerfaeges.com 

Attorneys for Plaintiff and the class 

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LOCAL CIVIL RULE 11.2 CERTIFICATION

 Pursuant to Local Civil Rule 11.2, I hereby certify that the matter in controversy 

is not related to any other action, pending arbitration or administrative proceeding 

currently pending in any court. 

Dated: August 11, 2011 LITE DEPALMA GREENBERG, LLC

 

s/ Bruce D. Greenberg 

Bruce D. Greenberg 

Susana Cruz Hodge 

Two Gateway Center, 12th Floor 

Newark, NJ 07102 

Telephone: (973) 623-3000 

E-mail: bgreenberg@litedepalma.com 

 scruzhodge@litedepalma.com 

 

GOLDMAN SCARLATO & KARON, P.C.

Daniel R. Karon

700 W. St. Clair Avenue, Suite 204 

Cleveland, OH 44113 

Telephone: (216) 622-1851 

E-mail: karon@gsk-law.com 

GOLDMAN SCARLATO & KARON, P.C. 

Brian D. Penny 

Laura Killian Mummert 

101 West Elm Street, Suite 360 

Conshohocken, PA 19428 

Telephone: (484) 342-0700 

Facsimile: (484) 342-0701 

E-mail: penny@gsk-law.com 

 mummert@gsk-law.com 

MILLER GOLER FAEGES, LLP 

Jay R. Faeges 

1301 E. 9th Street, Suite 2700 

Cleveland, OH 44114-1835 

Telephone: (216) 696-3366 

Facsimile: (216) 363-5835 

E-mail: faeges@millergolerfaeges.com 

Attorneys for Plaintiff and the class 

Case 2:11-cv-04052-JLL-JAD Document 4 Filed 08/11/11 Page 19 of 42 PageID: 43