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A class action lawsuit has been filed against a number of defendants who are responsible for operating unmanned cashless toll systems on California’s highways, alleging they have created a “cynical” plan to impose unconstitutional and excessive fines on drivers.
According to the class action lawsuit, the defendants implemented unmanned cashless toll systems called “FasTrak” throughout Orange County in May 2014. These FasTrak toll systems allow consumers to drive on toll roads without stopping at a toll booth. The FasTrak system also eliminates the expense of having to hire toll booth operators to collect money from drivers.
While the FasTrak system may be convenient for commuters who have pre-arranged accounts, it has caused “mass confusion and outrage” from drivers who don’t have FasTrak accounts.
“These systems do not adequately notify consumers they are entering a toll road, do not advise them of the amount of the tolls they would incur by driving on them, practically require a commuter to record specific entry and exit information while driving, require a consumer to have access to and log on to a computer and the internet, and to locate, proceed to and navigate through a complex interface to pay the toll assessed by the defendants electronically, prior to or within forty eight (48) hours thereof, or to contest it through an unreasonably proscribed, skewed administrative proceeding facially antithetical to any cognizable tenet of due process,” the FasTrak class action lawsuit alleges.
Drivers who fail to complete this series of tasks before the 48-hour period is up will incur “exorbitant fines and penalties,” a strategy that the FasTrak class action lawsuit alleges allows the defendants to establish a “highly profitable enterprise” that generates billions of dollars in returns.
Plaintiff Penny Davidi Borsuk filed the toll fine class action lawsuit after she was allegedly cited for tolls and fines that she wasn’t aware of until it was too late for her to contest them.
“In fact, by the time Plaintiff discovered that her vehicle had been driven on defendants’ toll roads in the first place, and that the tolls were being assessed against her, the tolls, together with draconian penalties thereon she could not afford to pay, had been levied against her as a de facto judgment,” Borsuk alleges in her FasTrak class action lawsuit.
Borsuk claims that the defendants imposed a lien against the registration of her vehicle with the California Department of Motor vehicles, and that as a result, she was unable to afford to renew her registration. According to the toll fine class action lawsuit, Borsuk has been unable to legally drive her vehicle, borrow against it or sell it. This inability to legally use her vehicle has been a major burden, as she has five children she has to drive to and from school, and her job requires the frequent use of a vehicle.
The FasTrak system is allegedly set up so that drivers can incur an astronomical amount of penalties without their knowledge. By statute, the defendants have up to 90 days to notify consumers of a violation. However, by this time, consumers could have unknowingly racked up thousands of dollars in fines and penalties before they were even aware they were in violation. Borsuk asserts that these penalties are excessive and violate consumers’ constitutional right to due process.
Borsuk is represented by Blake J. Lindemann of Lindemann Law Firm.
The California FasTrak Toll System Class Action Lawsuit is Borsuk, et al. v. The Transportation Corridor Agencies, et al., Case No. 8:16-cv-00262, in the U.S. District Court for the Central District of California.
UPDATE: On April 22, 2016, operators of the Orange County, California toll road system filed a motion to dismiss this class action lawsuit filed by drivers who say the Transportation Corridor Agency (TCA) imposes exorbitant and unconstitutional toll road fines without due process or proper recourse to contest violations.
UPDATE 2: On Dec. 22, 2016, a federal judge ruled that California motorists can have a chance to resubmit their claims in a consolidated toll roads class action lawsuit.
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29 thoughts onClass Action: FasTrak Toll System Leads to Exorbitant Fines
i had to rent a uhaul truck 6-29-2018 that was parked at
a house in san ramon from 10am to 3pm and i return
the truck to uhaul at 5pm – fastrak has me driving the
uhaul truck 6-29-2018 when the truck was parked
at a house in san ramon from 10am to 3pm.NO ONE
WAS DRIVING THE TRUCK IT WAS PARK FROM
1OAM TO 3PM. I RETURN THE TRUCK TO UHAUL AT 5PM.
3 toll evasion 1. 1120am on 680n alamo then at 2. 1130am benicia bridge
and that can’t be right beacuse it takes 14 to 20mins to get
the benicia bridge from alamo – 3. 1226pm on 680s at crow canyon rd.
i have talked to fastrak 4 times on the phone
and have mail them a letter like this
told them the truck was parked at a house
in san ramon from 10am to 3pm and retured
the truck to uhaul at 5pm and no one was
driving the truck and there was moving boxes
in the bed straped down with yellow tie downs
and i don’t use rope. i told them the date
is 6-30-2018 or when ever uhaul rented
that truck out after i returned it or there
are two uhaul trucks with the same lic plate.
I would like to be part of the class action lawsuit. Feb 2016 my daughter was stolen and was missing for a week. The FBI, many sheffiffs, police and highway patrols were looking for her. She was found 10hrs from our home and located in Orange county. On our way back home I put in my gps of our residence. My gps sent me on a one way street were I came up to a toll. Were I can only go through it at certain times.There were no signs about the toll. I tried calling the 1-800 number but couldnt get ahold of anyone. If I turned around I would be breaking the law and risking I and my daughters life. If I went through I would be facing a violation. I believe this is entrapment and unconstitutional. They refused to waive the few and a yr later they turned it over to the DMV and add 2 more penalties.
Fastrak is scammimg. We keep getting violation bills but we have paid EVERY invoice the DAY we receive it! And we write the number of the invoice on each check
when pressed about what these violations were for they named an invoice number. We said that invoice had been paid and it showed in our bank statement. So then they said another invoice. Same thing.
So then they said OK jusr pay the 7.50 and forget the fine. But we said for what date? and what invoice? we aren’t paying without an invoice.
The woman couldn’t name one. Wouldn’t let us speak to a suprvisor.
they threten that you will be reported to the dmv for bridge toll evasion. This is a crooked business. and it needs to be INVESTIGATED!! PLEASE!
I had the same problem and would like to be added to this suit….
How can I be a part of this class action lawsuit .I was a victim as well I don’t know what to do I need my car.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I am bitterly disappointed with the way Fastrak handles complaints and fee/fine reimbursements. Twice now i have been assessed charges unfairly and bothe times Fastrak has kept my money. I can’t imagine how many other people have been victimized but these unfair practices. It appears to me that Fastrak has very little interest in changing their business practice because this is making them millions and as we know, whoever holds the money also holds the power. I would be more than happy to support a lawsuit which compels Fastrak to give consumers fair treatment and better service.
I would also like to be a part of the lawsuit. I just got a letter from DMV Notice of Deliquent Registration. I can’t register my car unil I pay $4,000 of FasTrak fines. The tolls are only $300, the rest are late fees… It seems ridiculous and preys on the poor.
I was sent a 7,000 bill for crossing the bridge, I think that is unlawful. at $7.50 a ride. for 100 times, no way that would add up to $7,000. They put penalties on that are enormous. I would like to be apart of this class action as well.
How would I go about joining this class action lawsuit??
UPDATE 2: On Dec. 22, 2016, a federal judge ruled that California motorists can have a chance to resubmit their claims in a consolidated toll roads class action lawsuit.
I would like to be part of this. Though this has happened to me only a few times, as I avoid the toll roads like the plague since the manned booths were removed, I have had to pay each time, like I just did now, an exorbitant payment for a $12.18 toll. The original penalty for this $12.18 toll was $230.00. Since I managed to not get the bill (sat at my neighbor’s house) until over a month later, the total jumped to $412.18. My call to the The Toll Roads, reduced it to $132.18. No choice but to pay!! I cannot believe that they can get away with this! The last time this happened, I actually attempted to use the app on our way to our destination, and I was unsuccessful in manipulating the app to accept the on and off points of my travels on the toll road, so I put it aside, and of course, forgot to do it, ultimately receiving some ridiculous bill. This time, I simply forgot, as it was pouring rain and I was on my way to my uncle’s funeral. Having the booths unmanned, I am beginning to feel, was a calculated move to improve the bottom line. You are held captive to pay the bill now or when you pay your registration. This cannot be viewed anyway but being unscrupulous business practices.
How do we participate?
UPDATE: On April 22, 2016, operators of the Orange County, California toll road system filed a motion to dismiss this class action lawsuit filed by drivers who say the Transportation Corridor Agency (TCA) imposes exorbitant and unconstitutional toll road fines without due process or proper recourse to contest violations.
I too am a victim of the Toll roads which is another toll in Orange County. They have sent me a bill of 35,000 dollars. Yes that is the correct figure. This seems unfair and totally unlawful.