ROBERTS v. ENTERPRISE RENT-A-CAR COMPANY OF BOSTON, INC


438 Mass. 187 (2002)

SCOTT ROBERTS & others v. ENTERPRISE RENT-A-CAR COMPANY OF BOSTON, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

November 27, 2002.


Attorney(s) appearing for the Case

Michael A. Kahn, of California (John H. Henn with him) for the defendant.

Edward F. Haber (Lee M. Berger & Todd S. Heyman with him) for the plaintiffs.

Stephen D. Poss, Christopher D. Moore, & S. Jason P. Baletsa for The Hertz Corporation & another, amici curiae, submitted a brief.

Thomas F. Reilly, Attorney General, & Gerald D'Avolio, Jr., Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.


COWIN, J.

The plaintiffs brought this action against the defendant, Enterprise Rent-A-Car Company of Boston, Inc. (Enterprise), alleging that Enterprise sold collision damage waivers (CDWs) in violation of G. L. c. 90, § 32E½ and G. L. c. 93A, § 2 (a).2 Section 32E½ contains requirements for notices to automobile renters advising that purchase of a CDW may not be necessary (CDW notices).3

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