A class action lawsuit has been filed in New York federal court against the Metropolitan Transportation Authority and other entities, alleging that consumers are facing exorbitantย penalties from tolls.
Plaintiff Jason Farina of Westchester County, N.Y., filed the MTA class action lawsuit on behalf of himself and others who have been charged $100 fees from using New Yorkโs cashless toll systems: EZ Pass and Tolls-By-Mail.
According to the New York toll fees class action lawsuit, all MTA bridges and tunnels switched to cashless toll collecting in 2017. Because of this change, drivers are no longer able to pay cash as toll booths have been dismantled. Instead, tolls are charged using EZ Pass or Tolls-By-Mail.
The EZ Pass tag is a transponder which communicates with the systemโs antenna to record information and process a charge for the toll, which is charged to the vehicle ownerโs EZ Pass account. If a vehicle is not linked to an EZ Pass account, the Tolls-By-Mail system collects the toll by taking a picture of the vehicle and its license plate, which is used to identify the vehicle owner. A bill for the toll is subsequently mailed to the vehicle owner.
The cashless toll system was meant to eliminate traffic congestion in toll booth lines and allow MTA to shift its employees from collecting tolls into roles focused on the safety and security of motorists.
โHowever, Defendants โ who operate those systems and collect tolls from drivers โ have used the cashless toll system to line their own pockets at the expense of drivers, primarily by collecting improper fees and penalties in addition to collecting the tolls,โ the MTA toll fee class action lawsuit says.
Farina claims that the penalties faced by drivers who do not pay the toll are often substantially higher than the actual toll and may result in drivers being charged more than $100 to cross a bridge or tunnel. Even worse, the defendants impose these fines without giving prior notice to the drivers and wait weeks before notifying them about the penalties. In the meantime, drivers may unknowingly rack up more charges.
โDefendants also aggressively pursue collection efforts against motorists, threatening them with adverse credit reports, suspension of the driverโs license, revocation of their vehicle registration, and seizure of their tax refunds if they do not immediately pay the fees,โ Farina alleges in the MTA toll fee class action lawsuit.
Farinaย claims that he has been charged more than $6,000 from October 2017 to January 2018 by using his EZ Pass on New Yorkโs bridges and tunnels. He claims he never had any significant problems with his EZ Pass tags or account before experiencing these penalties.
Farina says the defendantsโ equipment routinely fails to recognize EZ Pass even when a driver has a fully-funded EZ Pass account. He notes that EZ Pass readings can fail for a variety of reasons, such as window tinting, the position of the vehicle, or a dead EZ Pass battery. EZ Pass users are unable to know when the defendantsโ equipment fails to read the EZ Pass.
The MTA class action lawsuit says the toll fees are unconstitutional.
Farina is represented by Stephen J. Fearon Jr. of Squitieri & Fearon LLP.
The MTA Toll Fee Class Action Lawsuit is Jason Farina v. Metropolitan Transportation Authority, et al., Case No. 1:18-cv-01433, in the U.S. District Court for the Southern District of New York.
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369 thoughts onEZ Pass Class Action Alleges N.Y. Consumers Face Unconstitutional Toll Fees
I want to pursue the fact that the MTA B&T practice of unfair and illegal billing practices which result in additional and unwarranted late fees. Example: The tolls cost $$. However the invoices show a lesser dollar amount owed as โTOTAL AMT DUEโ without subsequent payment arrangements and not the full amount, then after a few weeks mail past due notices. Once they fabricate the past due scenario by illegally manipulating invoicing amounts, they start charging $100.00 fees for non-payment with a threatening demeanor. The โRed Envelopeโ late charge invoice states the laws (law numbers) that give them the right to collect, but which of those laws allows them to purposely misrepresent the โTOTAL AMT DUEโ in order to invoke the illegal late fees. Iโd like an investigation opened and charges placed against the MTA B&T for violating of the โFair Credit Billing Actโ Federal Law designed to protect consumers from unfair billing practices.
Can you please add me to this class action lawsuit. I just found out that I have $8895 of violation and also received a Notice of Registration Suspension.
Can I join the suit. I am currently in collections for tolls paid with my NJ ezpass. NY claims their systems donโt communication so even though I paid my toll the NY side files it as unpaid. Currently have about $900 in violation fees added to tolls I have already paid. I have called and mailed in proof of the toll charges to my account but they still sent it to collections.
How can I join the class action? This is crazy just found Out I have $1700 in violations, even though My ezpass is positive. you are charged $111 if your account drops below 0. Madness, if you donโt have an ezpass you just pay the $11 how this makes sense.
I never received any missed tolled notices and there was a time where I just took my EZ Pass out and there are some tolls that are just strictly pay by mail and now I only receive toll violations . I have just gotten sued by Linebarger Goggan Blair& Sampson, L.L.P for almost $3000 from Port Authority NJ NY EZ pass. Many of the missed toll violations from EZ pass occurred when my account had funds but didnโt read. I even called EZ pass several times to pay and ask if my $50 can be waived as I am a single mother with a low income job and its impossible for me to pay that amount each time and every time they would say no that fee must now be paid. Now when I recently called EZ Pass they now tell me โif you called us earlier we wouldโve waived all feesโ. I am beyond frustrated and now am getting threatened that they will suspended my license/ \registration
Hi, Could someone please contact me regarding the ezpass lawsuit, I just went to register my car and found out there was unpaid tickets from someone who borrowed my car years ago. It was maybe a thousand dollars in tickets and they said I could not get my registration until I paid $21,899.00. Iโm so angry I donโt know what to do. I donโt have that kind of money and I am about to loose my job because I donโt have a car. I dont know what to do. Thank You
Please can you assist me with an account adjustment with NJ EZ Pass.
I never received any missed tolled noticesโฆI only receive toll violations ( now totaling approx. $2000) from NJ EZ pass. NY EZ pass sends the miss toll notice and allow for the opportunity to pay via my EZ pass at the discounted rate before issuing a toll violation). Many of the missed toll violations from NJ EZ pass occurred when my account was funded and appears that the equipment did not read.
In addition, the toll violation amount is extremely excessive. A $5.00 toll has a 100% mark-up administrative fee which is unacceptable and unfair.
Plus, NJ EZ pass has outdated software (analog) and will charge my account days or months later. The transaction should take place within a reasonable time (the transaction & posted dates are extremely far apart).
Any help or guidance on this matter will be greatly appreciated.
Kind thanks,
Simone
I would like to be added. I was threatened with registration suspension if I did not pay $2200 immediately. The tolls in which I received fines for were already paid (which I have bank statements proof of). Now the the collection agency says I still owe them money for the same tollls again. Please add me to the lawsuit. This is egregious.
Iโm having the same issue , now even though I sent in the proof still nothing has been resolved.