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BMV overcharged for fees, services, second lawsuit claims

A second class-action lawsuit claims that there are more overcharges from the Bureau of Motor Vehicles. Last August, the BMV refunded $30 million to drivers for overcharges on operator's licenses.



Posted on Feb. 21, 2014 at 9:52 p.m.

Hoosiers could see another round of refunds from the Bureau of Motor Vehicles soon.

The Indianapolis Star reports that another class-action lawsuit is asking the BMV to refund millions of dollars for overcharges on fees and services.

The BMV agreed to refund $30 million to drivers in August 2013 after the first class-action contended the bureau overcharged for operator's licenses. About 4.5 million drivers saw refunds between $3 and $15 dollars.

Both lawsuits were filed by Cohen & Malad LLP. The second was filed in October and also requests that the BMV provide a full account of all of the overcharges plus access to public records that would detail when the BMV became aware of the overcharges.

The BMV moved to dismiss the lawsuit, but a Marion Superior Court Judge denied the motion this week and now the bureau must respond and provide related evidence.

“Any BMV credits that were arguably due and owning to the people of Indiana have already been issued,” Don Snemis, BMV Commissioner, told the Indy Star. “The only thing sought by this lawsuit is more attorney fees for the class-action lawyers which, if granted, will be paid by Hoosiers.”

But Irwin Levin, a managing partner at Cohen & Malad, said the lawsuit holds government accountable.

“The Court has essentially ruled that the BMV can’t simply say ‘Trust us’ and throw out the case,” Levin said. “Hoosiers now get to ask the BMV the tough questions about this debacle and get the answers they deserve.”

What do you think? Should the BMV provide access to its public records? Should the BMV issue more refunds for overcharges? Let us know in the comments below.



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