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
Please how do I join this? I’ve never not paid a bill and they keep sending me violations. They need to be stopped.
How to I also join this class action Sue??? I’ve I got a Bill for $$601 and $595.50 is all Violation Fees which means my bill should only be $5.50… This is just Criminal.
I’m having the same problem with ez pass demanding 6900.00 for tolls already paid.
I have been experiencing the same issues with my ez pass how do I file as part of this class action. I have more than 1200.00 in un warranted charges fines and fees. I’m dispute currently.
I have paid my bills all the time for the tolls now their charging me for may tolls and its September so all the payments I made were did it go??? It’s a scam and their understaffed because bills weren’t going out on time now I’m in collections
I WAS CHARGED THESE UNETHICAL FEES AS WELL AND MY E-Z PASS WAS 100% VALID. I AM NOW RECEIVING BILLS AND THREATS FOR FEES THAT ARE NOT MINE AND THAT I DO NOT OWE!
I am 70 to and have a ex pass that was not read when I went several exits on New York Thruway. My bill should be total $8,50 but I was charged $108,00 Nd received the notice 2 days after due date. This is a scam as far as I see it.
I have the same situation. Why would they charge on me for no reason? I told them and show them evidences to dispute the ticket. They never answered and sent the same letter out. I wonder they don’t have a department to clear the claim. Only send the same letter over and over again without inform the exactly reason why other are able to charge my account but they can’t.
MY Credit Card that I used to pay NYS. and NJ. tolls stopped paying the tolls? I was not notified that they stoped paying.them. The only way i found out was when I tried to purchase something, and it was refused. The NYS. E-Z Pass wants for $64 for bridge tolls and a Fee of $100.
The NJ. E-Z Pass wants for $10.75 for GSP tolls and a Fee of $250.
I am sending the check for $64 to NYS And the $10.75 to NJ. Note I never received notification from Credit Card that dropped paying it, Nor did I get my mail from both E-Z passes.
The cashless toll was a good idea but it it also a gimmick. I used the toll about 3 times and was waiting for the bill to come it. took 3 to 4 months when it finally came. It say that this was my last notice when I never resive the first one. All bills was over a hundred dollars.