California Toll Roads Class Action Settlements

Update:

• Readers reported this settlement paying out up to $30.50 as of early May 2022.
• Congratulations to everyone who filed a claim and got PAID!

Motorists who drove on certain California toll roads may be eligible for penalty forgiveness or to take home a share of $40.95 million thanks to a toll roads lawsuit settlement resolving claims that Foothill/Eastern Transportation Corridor Agency, San Joaquin Hills Transportation Corridor Agency, BRiC-TPS LLC, and others violated their privacy.

Two Classes have been established: one for the settlement with the transportation agencies and BRiC and one for the 3M settlement.

The Class in the California toll roads lawsuit settlement with the transportation agency defendants includes anyone whose personally identifiable information (PII) was provided by the agency defendants, BRiC, or 3M to any individual or entity between April 13, 2015, and June 16, 2021, including:

Anyone with a transponder account with a toll agency whose PII was sent by BRiC, a transportation agency defendant, or 3M to another toll agency (interoperability transmissions)

• Anyone who used any of the transportation agency defendants’ toll roads whose PII was sent by BRiC, a transportation agency defendant, or 3M to a third party in connection with efforts to collect tolls or penalties (collection transmissions)
• Anyone whose PII was sent by BRiC, a transportation agency defendant, or 3M to a third party for any reason other than the reasons listed above (other transmissions)

The 3M Class in the California toll roads lawsuit settlement includes anyone whose PII was provided by 3M or a transportation agency defendant to any other individual or entity from April 13, 2015, to June 30, 2015, including:

• Anyone with a transponder account with a toll agency whose PII was sent by 3M or a transportation agency defendant to another toll agency (interoperability transmissions)
• Anyone who used any of the transportation agency toll roads whose PII was sent by 3M or a transportation agency defendant to a third party in connection with efforts to collect tolls or penalties (collection transmissions)
• Anyone whose PII was sent by 3M or a transportation agency defendant to a third party for any reason other than those listed above (other transmissions)

A map of the relevant toll roads is available on the settlement website.

The defendants stood accused of improperly collecting and sharing motor vehicle operators’ PII with third parties, a violation of the California Streets and Highways Code.

The Court decided certain allegations against the defendants lack merit but has not ruled on the remaining claims.

The defendants deny all allegations put forth in the California toll roads class action lawsuit.

California Toll Roads Settlement Benefits 

Under the terms of 3M’s California toll roads settlement, the company will create a $11.95 million settlement fund.

After costs such as attorneys’ fees have been paid from the fund, Class Members who submit valid claims will receive cash payments.

Class Members’ payments will be distributed proportionately depending on the number of claims submitted.

Those who submit either the unique identifier they received via direct notice or identifying information allowing the administrator to confirm their membership in the 3M Class will receive a full pro rata share of the payments. Those who attest to Class membership but whose identifying information does not allow the administrator to confirm or reject membership will receive half a pro rata share.

The transportation agency defendants will create a $29 million settlement fund.

Class Members who file valid claims and who are not eligible for penalty forgiveness will receive a portion of this fund after administration and other costs are paid.

These payments will be distributed on a pro rata basis depending on the number of valid claims filed.

Individuals who submit either the unique identifier they received via direct notice or identifying information allowing the administrator to confirm their membership in the transportation agency Class will receive a full pro rata share of the payments. Those who attest to Class membership but whose identifying information does not allow the administrator to confirm or reject membership will receive half a pro rata share.

Class members who did not have outstanding transportation agency defendant penalties as of June 16, 2021, may file a claim for a cash payment.

Class Members with outstanding penalties for driving on the transportation agency defendants’ toll roads as of June 16, 2021, will receive automatic forgiveness of the lesser of your outstanding penalties and $57.50. 

Additional forgiveness may be available. If so, the total amount of the Class Member’s penalty forgiveness could be up to 100 percent of their outstanding penalties. 

No action is needed to receive penalty forgiveness; Class Members’ accounts will automatically be credited.

In addition, the transportation agency defendants’ settlement also provides the following:

• $135 million in toll road penalty forgiveness
• A one-time reset of all Class Members’ opt-in status for advertising and a requirement that they opt in again if they want to receive advertising
• Substantive programmatic changes to the transportation agency defendants’ practices going forward, such as increased disclosures in their privacy policy about where consumers’ PII is sent, limiting the PII sent to rental car companies to only information that is in a Notice of Violation, and limiting information sent to the California Department of Motor Vehicles or Franchise Tax Board for purposes of placing a registration hold or tax intercept
• An increase from five days to seven days for the grace period for all drivers to pay tolls 

A final fairness hearing in the toll roads settlement is scheduled for Jan. 4, 2022.

The deadline to file a claim, object to, or opt out of the settlement is Nov. 8, 2021.

Who’s Eligible

The Class in the settlement with the transportation agency defendants includes anyone whose personally identifiable information (PII) was provided by the agency defendants, BRiC, or 3M to any individual or entity between April 13, 2015, and June 16, 2021, including:

Anyone with a transponder account with a toll agency whose PII was sent by BRiC, a transportation agency defendant, or 3M to another toll agency (interoperability transmissions)

• Anyone who used any of the transportation agency defendants’ toll roads whose PII was sent by BRiC, a transportation agency defendant, or 3M to a third party in connection with efforts to collect tolls or penalties (collection transmissions)
• Anyone whose PII was sent by BRiC, a transportation agency defendant, or 3M to a third party for any reason other than the reasons listed above (other transmissions)

The 3M Class includes anyone whose PII was provided by 3M or a transportation agency defendant to any other individual or entity from April 13, 2015, to June 30, 2015, including:

• Anyone with a transponder account with a toll agency whose PII was sent by 3M or a transportation agency defendant to another toll agency (interoperability transmissions)
• Anyone who used any of the transportation agency toll roads whose PII was sent by 3M or a transportation agency defendant to a third party in connection with efforts to collect tolls or penalties (collection transmissions)
• Anyone whose PII was sent by 3M or a transportation agency defendant to a third party for any reason other than those listed above (other transmissions)

Potential Award

Varies

Proof of Purchase

No proof of purchase required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/08/2021

Case Name

In Re: Toll Roads Litigation, Case No. 8:16-cv-00262 AG (JCGx) in the U.S. District Court for the Central District of California

Final Hearing

01/04/2022

Settlement Website

TollRoadsSettlements.com/TCA3M

Claims Administrator

Toll Roads Class Administrator
P.O. Box 3639
Portland, OR 97208-3639
1-888-490-0922

Class Counsel

Helen Zeldes
SCHONBRUN SEPLOW HARRIS HOFFMAN & ZELDES LLP

Blake J. Lindemann

Michael Flannery
CUNEO GILBERT & LADUCA LLP

Defense Counsel

Aaron D. Van Oort
FAEGRE DRINKER BIDDLE & REATH LLP

Hyongsoon Kim
AKIN GUMP STRAUSS HAUER & FELD LLP

Stephen J. Erigero
ROPERS MAJESKI KOHN & BENTLEY PC