If the Department believes Budget has violated the agreement, what is the first step the Department will 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.
-
- 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 Budget has violated the agreement, the Department will notify Avis in writing and attempt to resolve the issue in good faith. This initial notification and attempt at resolution is a crucial first step before any further action can be taken.
If the Department is unable to reach a satisfactory resolution within thirty days of providing 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 in court that Avis has failed to comply with the agreement, Avis could be liable for a civil penalty of $50,000 or another amount determined appropriate by the court.
Furthermore, if the United States demonstrates that any individual has been aggrieved by the violation, Avis will be required to compensate each individual with no less than $5,000. The United States may also pursue other relief as authorized by the ADA. This outlines a structured process for addressing potential violations, starting with notification and good-faith negotiation, and escalating to legal action if necessary.