If the Department believes that the Budget agreement has been violated, what is the initial step the Department may take?
Budget Franchise · 2025 FDDAnswer from 2025 FDD Document
(B) of the ADA, to bring a civil action to enforce. Title III of the ADA in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit under title III with respect to the specific matters agreed to herein.
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- The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify Avis in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to Avis, it may elect to either:
- (i) institute a civil action in federal district court seeking to enforce the terms of this Agreement. If the United States demonstrates in such a proceeding that Avis has failed to comply with any portion of this Agreement, A
Source: Item 23 — RECEIPTS (FDD pages 80–426)
What This Means (2025 FDD)
According to Budget's 2025 Franchise Disclosure Document, if the Department believes that the agreement has been violated, the initial step is to notify Avis in writing. Following this notification, the Department will attempt to resolve the issue in good faith. This indicates that Budget aims to address potential violations through communication and negotiation before resorting to more formal actions.
If the Department cannot reach a satisfactory resolution within thirty days of the notice to Avis, it has the option to institute a civil action in federal district court to enforce the terms of the agreement. Should the United States demonstrate non-compliance by Avis in such a proceeding, Avis could be liable for a civil penalty of $50,000 or another amount deemed appropriate by the court.
Furthermore, if the United States proves that any individual has been aggrieved by the violation, Avis is required to compensate each individual with no less than $5,000. The United States may also pursue other relief as authorized by the ADA (Americans with Disabilities Act). This outlines a structured process for addressing violations, starting with written notice and good-faith attempts at resolution, and potentially escalating to legal action with financial penalties and compensation for affected individuals.