Class action against Arizona car hauler alleges Truth-In-Leasing breach

By Greg Grisolano, Land Line associate editor | Tuesday, May 03, 2016

Three owner-operators are alleging breach of contract and violations of the Truth-In-Leasing act against an Arizona specialty automotive hauler with respect to drivers’ compensation.

The lawsuit, which was filed in U.S. District Court of Arizona on April 12, alleges defendant Go 2 Transportation and its subsidiary, Go 2 Logistics, violated TIL statutes by “regularly and systematically misrepresenting amounts it charged to customers with the specific intent of paying plaintiffs and other similarly situated owner-operators less than what they were actually owed under the leases."

The named plaintiffs are owner-operators Vernon Mast, Copperas Cove, Texas; Benjamin Selby, of Nashville, Tenn.; and Richard L. Hilton of Temple, Texas. They are represented by Dessaules Law Firm of Phoenix, Ariz. The complaint stipulates a proposed class size of about 30 similarly situated owner-operators who drove for Go 2 under the same lease arrangement.

Rachel Maron, attorney for the plaintiffs, said one of the biggest issues in the lawsuit is the contract, which stipulated owner-operators were to be paid 65 percent of the gross revenue for each haul (or 75 percent for owner-operators like Mast, who owned both the tractor and the trailer).

"There are definitely problems with the way it was written and the way it was used as a practical matter,” Maron said in an interview with Land Line. “(Plaintiffs) just weren’t paid the percentage of the line haul that they were supposed to be paid. The contractual issue is supposed to spell out what they were going to be paid.”

The complaint alleges Go 2 failed to adhere to truth-in-leasing standards by failing to adequately define charges and terms and failing to provide documentation to verify the accuracy of the drivers’ compensation.

Jim Mahoney, an attorney for Go 2 Transportation, said the lawsuit is “without merit” and that the company intends to defend itself against the allegations.

“Go 2 Transportation LLC started out with one driver and is the exact reflection of what’s good about motor carriers and how owner-operators can succeed,” Mahoney wrote in an email to Land Line.

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