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 $6,000 from October 2017 to January 2018 by using his EZ Pass on New York’s bridges and tunnels. He claims he never had any significant problems with his EZ Pass tags or account before experiencing these penalties.
Farina says the defendants’ equipment routinely fails to recognize EZ Pass even when a driver has a fully-funded EZ Pass account. He notes that EZ Pass readings can fail for a variety of reasons, such as window tinting, the position of the vehicle, or a dead EZ Pass battery. EZ Pass users are unable to know when the defendants’ equipment fails to read the EZ Pass.
The MTA class action lawsuit says the toll fees are unconstitutional.
Farina is represented by Stephen J. Fearon Jr. of Squitieri & Fearon LLP.
The MTA Toll Fee Class Action Lawsuit is Jason Farina v. Metropolitan Transportation Authority, et al., Case No. 1:18-cv-01433, in the U.S. District Court for the Southern District of New York.
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365 thoughts onEZ Pass Class Action Alleges N.Y. Consumers Face Unconstitutional Toll Fees
The MTA board is a bunch of corrupt, biz and political hacks and have been running that agency to the ground, while milking it for their own political and financial well being. BridgeGate anybody?
They have to pay for their malfeasance some how. I’m not paying a fee which is illegal for any other industry or company. And how is it that this one company now requires mandatory usage? Just because I’m driving a vehicle across a bridge or tunnel I have to use a service from a company that is bankrupt? And then they can charge whatever they want when I could have just paid with a couple dollar bills and quarters?
The fix is in!!
I use the toll everyday, with automatic “balance refill” which is a scam itself, just charge my card on file as I go, because when my balance has 6$ but the toll is 8$ now you attempt to take 300$ from my account because this is the amount they deem is the balance refill they choose, payment decline I miss the notification from MY BANK(ezpass makes no second attempt, OR use your phone number or ANY means to alert you just a letters that you see when you see, not all of us see home often.), now after 4 weeks of going to work and home crossing the toll 2x a day surprise surprise, orange letters in bundles waiting for me, check online, 4000$ fees, “login here to dispute fees” nope insufficient balance please login into your account to add balance. “Sorry your account can’t be accessed online you must call this number” calls number (a completely automated money printing scam can’t afford 24/7 phone support? Online support? Nothing?) oh no call back operation hours are 8-4 mon-fri.
This is corruption on a large scale. I understand why there’s a fee.. it should be a very simple late fee. 5% per month late or something no one will agree a 1000% fee is justifiable but yet this has been allowed for so long. I don’t know what’s the status of this class action but one needs to be pushed. 100$ fees should come with more responsibility on ezpass end, they should under no circumstance lock you out your online account to block you from making payments. Then you unknowingly pick up more toll charges now you can’t even pay the ones that aren’t late to avoid a fee. 100$ fee should be limited to like once per week or month, it takes a week to get a letter that can be 14 toll passes for some of us 1400$ for just being exhausted from work.
Currently I am being harassed by MTA over 3 RFK bridge tolls (for a total $28.50 in original charges) BUT I already have an EZ Pass I”ve used on that bridge for years. There is no reason why I should be getting any bill, let alone a bill with an EXTRA $300???????
My EZ pass worked before that and has been working fine since then. It never moves from the windshield and now they are threatening LEGAL ACTION against me? For their failure and $29?
We all know MTA is a mismanaged (to say the least) agency, but I already pay more for my Metrocard (which is mandatory like EZ pass now) and now they want to extort me for using the bridge?
Also, I’ve been holding on the phone for 45 mins when they just hung up. I am currently on hold as well because I am NOT paying them this unlawful and unjustified expense. This is illegal so please, I want to sign up for this if I can not get it resolved humanely.
Thanks
How do I join. I have paid over $2000 for a few month span during the height of Covid, from May – Sept. yet I received the penalty mail months after paying $1k, the new penalties are from the same time period and I still have not received a printout of the dates I paid as to avoid REPAYING AGAIN.
How do I join this lawsuit? I’ve worked in NYC for decades and the past year I began to get ridiculous fees that I do not owe and they will not remove them! The wait time to speak to someone is hours on end and when I finally got someone on the phone, she was rude and stated there was nothing she could do! She said I was banned from the NJ Turnpike! How do you ban a United States citizen from free movement across state lines? This is a money grab from hard working Americans & it’s unconstitutional! How do I get involved in this lawsuit?
How to I join the lawsuit? EZ pass are just total scum now.
Where do I go to join this class action lawsuit?
My registration has been suspended plates were removed, my car was towed on May 8, 2021. TSTaA, stated that I owed EZPASS. I had paid over $4k and no one can tell me where the money went after giving dates of when I paid.. Now MTA says I owe over $16 i have to pay for my registration to be restored. That’s RIDICULOUS. I spoke with several agents, one referred me to a supervisor and he stated MTA gave me 80% discount and that if I don’t pay the $16k I will be able to re-register my car.
How can I join this. I rarely cross the bridge, and with no letter , e mail or phone call have a collections agency saying I owe 10x the amount in late fees what the bridge even cost!!! This has to end
How do I join the class action lawsuit? I’ve been threatened with registration suspension and charged extra ridiculous fine by MTA and E-Z pass which are working as separate entities and failing commuters all around.
I like to join this class action suit. I am being charged enormous fees for crossing bridges and tunnels. Not fair.
Also, monthly statement is something like. 640 in tolls and 6500 in violation fees. What is the violation, not having an exercise pass tag? These charges didn’t apply when there were cash lanes. Just saying…..
I need help I am being charged ridiculous amounts of money. I of course will pay the toll feels but the extra charges, no way. They said that the tolls have turned into violations which each have a $100 fine on top of the $9.50 toll. How can I join. I am afraid to lose my license or registration suspended. I can be reached via email
I would like to join this lawsuit. How do I do so?