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 exorbitant 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 York’s 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 system’s antenna to record information and process a charge for the toll, which is charged to the vehicle owner’s 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.
“However, Defendants — who operate those systems and collect tolls from drivers — 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,” 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.
“Defendants also aggressively pursue collection efforts against motorists, threatening them with adverse credit reports, suspension of the driver’s license, revocation of their vehicle registration, and seizure of their tax refunds if they do not immediately pay the fees,” Farina alleges in the MTA toll fee class action lawsuit.
Farina claims that he has been charged more than $6,000 from October 2017 to January 2018 by using his EZ Pass on New York’s 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 defendants’ 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 defendants’ 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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365 thoughts onEZ Pass Class Action Alleges N.Y. Consumers Face Unconstitutional Toll Fees
How do we join class action lawsuit
They say I owe 34,877.00 in toll fees how can I join this Class Action Suit. I have been told that my registration can be revoked And my license suspended please help.
How do you join this class action?
I want to receive apply for the class action lawsuit for EZ Pass of N.J. . I have had My E-Z Pass from Day1 and Still have it Everytime i would put Money on My Account and then use it with in the Week or Next the Money would not be there!!! So I would Use Coins but still had the E-Z pass device in My Truck Soo it would just eat My Money but would go toward the E-Z pass like i Was Just Running The E-Z pass !!! So i Call E-Z Pass n the Young Lady Told Me that Long as U have that E-Z Pass Device in Your Tuck it’s going to still Go to the Device and just Eat Your Monies Up!!!? NOT FAIR AT ALL … ?? AND I KNOW PEOPLE DON’T KNOW THIS !!!!!! SMH
I want to be on the ez~pass class action
I have been over charged for a toll the I already paid, and now they sent me to a collect agency! I have the receipt to prove it What can I do? Please help.
Please add me to the lawsuit. I paid the fines and I am still be charged. I have no help and my registration has been suspended.
Same boat i owe 4k in tolls and after my registration was suspended it went upto a total amount of 16k
The purpose I decided to contact your law firm is because I need assistance dealing with $100 fee charges for using New York’s cashless toll system: Ez Pass and Toll-by-mail. I continue to get letters from MTA Bridges and Tunnels. I received a letter dated January 3, 2020, stating that they will give me a one-time courtesy if I pay $320 violation fees by January 31, 2020.
I have ben trying to get help with the violation I have paid off the tolls but I still have the violations which are no at 22,000.00, every time I pay something the numbers never change. the colligation agency will tell me that I can settle for an amount and when I say ok they tell me they will call me back and never call me back. i needs some help with this matter can you help me or direct me to how i can get help with this matter . this to very unfair and I think 100 late fee on a toll of$850 is crazy. (Talk about cruel and unusual punishment
Thank you Mr. Farina! You are right–the penalty for unpaid tolls is outrageous. New York State’s EZ Pass/MTA Bridge & Tunnel collections agency is charging me $5,000 for $250 worth of unpaid tolls. (Talk about cruel and unusual punishment!) This is state-condoned usury. Please let me know if I can be of any assistance to you in your suit, and thank you for working on behalf of us all.