[ca] Rental Car Company Hit Me With A Massive Fee For Driving Out Of State Using Gps Tracking

I recently rented a car from Priceless Car Rental — Location: California (booked through an OTA). Booking website doesn’t make it overtly clear there’s a geographic limitation to the car that it may only be driven within Nevada/California. We find out at the counter, but it’s a nonrefundable booking and upon a quick check, the corporate website specifically says driving to Arizona is allowed. We figure it’s a quick stop in Arizona, don’t really have any other options, and it seems like the policy might be inconsistent based on the website so we take the car.

Fast forward, after I return the car, they hit my credit card with a huge "out-of-area" penalty fee (thousands of dollars). The original booking fee was ~300. They only knew I went to AZ because they tracked the vehicle using GPS. I know this because I get an email from them justifying the penalty with information forwarded from one priceless employee to another (it seems) where they discuss GPS information related to the rental vehicle and how it has crossed a Geofence, coordinates, and speed.

I dispute with my credit card, thinking I have a case because of the inconsistent policy on the website, but they side with the merchant because of the contract with my signature agreeing to the clause. Bummer, but I get it. They’re not the court.

I’m more interested in pursuing this legally after discovering that under California Civil Code § 1939.23(d), it is illegal for rental car companies to use electronic surveillance technology (GPS) to track a renter in order to impose fines or surcharges.

If I’m reading this correctly, this penalty applied to me was in plain violation of the statute.

So can a signed contract enforce a penalty that was calculated using a method that violates state law?

Do I have a solid case to sue them in small claims court, or should I get a lawyer?

What kind of lawyers would even pursue this claim?