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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370 thoughts onEZ Pass Class Action Alleges N.Y. Consumers Face Unconstitutional Toll Fees
I never received a bill, just a collections notice. I sent a check to pay what I owed, the real amount. They cashed my check and still say I owe their ridiculous fines.
They are either a scam or just really messed up and don’t know what the heck they’re doing.
Seems more like a SCAM!
They are like organized crime except they are not organized!
I also have many fees in collections although I had contacted MTA and initiated payment I have already cleared some violations in fact days afterwards 14 violation were sent to trans world. I explained to them the violations in question were going to the wrong address but they did not care nor allowed me to update the address. Transworld is charging me $1575 for $110 worth in tolls and I was told if I do not pay MTA will suspend my license and registration. How do I sign up for the class action suit?
I am sueing NY EZ PASS they cashed my check, never cleared my account and also say they never got it!!! They say they never even got my check! Any information on how I can join this class action as well?
They cashed my check and still put me in collections for $325.
I received a notice from collection agency for over $3000 the tolls only equals a total of $200 and I have easy pass so they are making a big mistake I don’t owe anything The machines did not register when I drove through
I need assistance i am facing $1200 in fines and its too much to pay. I owe nothing in tolls but they just want to settle with me at $600.00 is still too much money. How can i join the suit.
I am experiencing this right now. How do i join this class action suit?
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!
Yes I am also being charged 4,000 dollars in late fees although I already paid tolls. I will not pay those ridiculously over exaggerated fees. I am going into collections and I don’t understand how this is legal.
I am being charged almost 23000 for penalties and fees for 8.50 tolls on RFK bridge. Never received notice of penalties or fees. Just bill after bill. How do I join this class action? This is extremely arbitrary and is shameful that MTA employees get percentages of these penalties.
The article includes a form you can fill out to determine if you qualify to participate in a class action investigation. Please be as detailed as possible. Attorneys review the forms and will contact you directly if you qualify.
I did not see any form. Can you please post it?
can I still join this I have already paid 200.00 just got the same one I think in the mail today for 2,072.00 Thank you
Donald Hiers
I. Receved. A collection. Notice for 3,757 dollars. & i. Never. Receved. A. Bll. Or. Anything.Now. they. Tellin. Me. I. Have to. Wait untill another. Judgement. Notice in order to move forward!!