HERTZ AND AVIS SETTLE FALSE ADVERTISING SUIT
HERTZ AND AVIS SETTLE FALSE ADVERTISING SUIT NEW YORK, Jan. 17 /PRNewswire/ -- The Hertz Corporation, the world's
leading car rental company, and Avis, Inc., its No. 2 rival, reached a settlement in the third day of their false advertising trial in the U.S. District Court of the Southern District of New York in Manhattan.
Hertz, on Aug. 19, 1991, filed suit against Avis for what it alleged were false or misleading advertising claims based on Avis' receipt of the Alfred Award, given by Corporate Travel magazine, on the basis of a reader poll. Hertz contended the poll was not statistically valid. Avis in a counter suit filed Dec. 3, 1991, challenged Hertz advertising based on its receipt of various awards and based upon tracking surveys Hertz has commissioned for the past 11 years. Under the terms of the settlement, approved by the judge and incorporated in a consent order, Avis is enjoined from advertising the Alfred Award. Avis' counter claims against Hertz are dismissed with prejudice, which means these claims cannot again be filed in court. Hertz' past use of its tracking surveys was found to be acceptable and its advertising based on those surveys expressly approved by the court. Those surveys have annually found Hertz to be the best overall car rental company among business and leisure renters. Hertz did agree to a minor modification to the survey question relating to best car rental company and to its placement in the sequence of questions. Both parties will bear their own court costs and attorney fees, and no damages were awarded to either party. In a separate action, just prior to the Jan. 14 commencement of the trial, Hertz and Gralla Publications, publisher of Corporate Travel magazine, settled. Under the terms of that settlement, Gralla stated it would not conduct the Alfred Award poll in 1992. -0- 1/17/92 /CONTACT: Joseph M. Russo of Hertz, 201-307-2486/ CO: Hertz Corporation; Avis Inc. ST: New Jersey IN: LEI SU: SM-SH -- NY018 -- 0919 01/17/92 10:36 EST
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|Date:||Jan 17, 1992|
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