CLAYTON, Mo. (CN) – A class action claims Enterprise Rent-A-Car resold more than 125,000 vehicles without the advertised side-impact air bags. “Defendant is General Motors largest fleet purchaser,” according to the complaint in St. Louis County Court.
Named plaintiffs Timothy Withrow and David Tucker say Enterprise ordered the vehicles without the side air bags, which are standard features in those models.
The vehicles include 2006, 2007, 2008 Chevy Impalas; 2008, 2009 Chevy Cobalts; 2009 Chevy Heritage High Roof (HHR); and the 2006 and 2007 Buick LaCrosse, according to the complaint.
“Defendant ordered the vehicle from General Motors requesting that the standard safety equipment of front and rear side curtain airbags be deleted,” the complaint states. “General Motors manufactured and sold the vehicles as fleet vehicles to Enterprise.”
The plaintiffs claim Enterprise marketed the vehicles as having side air bags. They say a salvaged 2007 Impala sold to Enterprise had corrugated plastic where the side air bag should have been.
The class consists of all people who bought vehicles that were the appropriate make, year and model from Enterprise that did not have the standard side air bags. Automobile dealers, wholesaler or auctioneers are not included in the class.
The class seeks damages for violations of the Merchandising Practices Act. The complaint was filed by Fernando Bermudez with Green Jacobson of St. Louis.