Chicago Red Light Camera Class Action Settlement

Chicago vehicle owners can now claim benefits from a $38.75 million settlement with the City over Chicago red light camera tickets.

Plaintiffs Themasha Simpson, Delyn McKenzie-Lopez and Erica Lieschke began this litigation in March 2015 with the first of two traffic camera class action lawsuits. These plaintiffs claimed the City of Chicago failed to follow its own requirements for issuing determinations of liability to vehicle owners who did not pay their Chicago red light camera tickets and did not request a hearing by the due date on their violation notices.

According to the plaintiffs, the City should have issued a second notice of violation before issuing the determination of liability. The City also improperly shortened the amount of time in which vehicle owners could respond to the notice. For some violations, the City allegedly shortened the response time from 25 days to 21 days.

After a judge ordered the City to issue the second notices, the City passed the 2016 Automated Enforcement Violation Review Ordinance. This ordinance removed the second-notice requirement from the city code and allowed the City to readjudicate traffic Chicago red light camera tickets issued between 2010 and 2015.

McKenzie-Lopez and Lieschke then responded with the second traffic camera class action lawsuit, this time joined by co-plaintiff Antoine Willis. In that action, the plaintiffs argued that the 2016 ordinance unfairly gave the city a second chance at prosecuting Chicago red light camera tickets that had already been resolved. Readjudicating those cases would violate drivers’ constitutional right to due process, the plaintiffs claimed.

In July of this year, Chicago reached a settlement covering both traffic camera class action lawsuits. The settlement requires Chicago to pay out $38.75 million to vehicle owners who were hit with traffic tickets and late fines. Of that amount, $26.75 million will be paid as refunds to persons who already paid their fines, and $12 million will be used to forgive unpaid fines.

The settlement also requires the City to change its notice practices for Chicago red light tickets and to adhere to those practices in the future.

The settlement does not apply to all Chicago red light camera tickets. It applies only to tickets and vehicle owners who meet the specific requirements in the settlement’s terms.

Who’s Eligible

Class Members are the same for both Chicago red light camera ticket class action lawsuits. The four Classes cover:

• All persons who were assessed a determination of liability before they made a request for a hearing or adjudication by mail, or where no such request was made;
• All persons from whom the City received payment for a Chicago red light camera ticket before they made a request for a hearing or adjudication by mail, or where no such request was made;
• All persons who were hit with a late penalty between July 1, 2012 and May 9, 2015 after a determination of liability was issued and before the end of the 25-day grace period; and
• All persons from whom the City received payment toward such late penalties.

Potential Award

Varies.

Class Members who paid their fines or late penalties can get up to a 50 percent refund of the amount they paid. Class Members who still have fines or late penalties outstanding can get debt forgiveness of up to 50 percent per violation.

Payments and debt forgiveness will be distributed on a pro rata basis. The actual amount of each benefit will depend on the number of valid and timely claims received.

Class Members who requested a hearing under the 2016 Automated Enforcement Violation Review and Refund Ordinance are entitled to that hearing. They may alternatively waive that hearing to receive settlement benefits instead. Those who proceed with their hearings and prevail will receive either a full refund or full debt forgiveness.

Proof of Purchase

No documentation is required other than the information requested on the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/11/2017

Case Name

McKenzie-Lopez, et al. v. City of Chicago, Case No. 15 CH 4802, and Willis, et al. v. City of Chicago, Case No. 16 CH 14304, both in the Circuit Court of Cook County, Illinois

Final Hearing

2/9/2018

Settlement Website

www.CityofChicago.org/city/en/sites/settlement/home.html

Claims Administrator

The City of Chicago is administering the settlement. Contact information for the city is not provided on the settlement website. The website encourages Class Members with questions about the settlement and their legal rights to contact class counsel at the following address:

Myron M. Cherry & Associates LLC
30 North LaSalle Street, Suite 2300
Chicago, Illinois 60602
(312) 372-2100

Class Counsel

Myron M. Cherry
Jacie C. Zolna
MYRON M. CHERRY & ASSOCIATES LLC

Defense Counsel

J. David Duffy
THOMPSON COBURN LLP

Andrew W. Worseck
Andrew S. Mine
CITY OF CHICAGO DEPARTMENT OF LAW