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
How can I get involved in this lawsuit? They are saying I owe 2600 dollars and I just can’t see how when the tolls are 3.60 each! I gave them my phone number twice to tell me when I was low account balance and never got anything! Even sent a letter disputing the charges and they denied my request basically saying I should be more responsible and know my balance. I need help
Under the Fair Credit Reporting Act, you have a right to demand proof of each toll (i.e. picture of your license plate). They have 5 days to provide it to you. Also request a copy of the signed account terms (which you never signed). When they cannot provide it within the time required under FCRA, they can no longer contact you and must negate the bill.
I’d like to join this lawsuit. I have received almost $3000 in fees for the told not picking up the EZ pass in the window.
How can we join this class action law suit. They have accured over 3000 dollars from me. What makes it worst you have to take off work in order to get ezpass. They no longer sell them locally knowing they are going to rack up on fines. This is extortion. Governmental Organized crime!
Just received a 100 dollar late fee on toll where I never recieved the original bill. Was told on the phone that ez pass has to be linked to the car being driven. Would be interested to know if my passengers ez pass was also charged. I called and the fee was waived (thankfully). I reccomend doing the same.
E-Zpass is very basically an extortion racket. This is just the beginning of what the very near future holds.The cashless society is being insidiously and seductively forced down our throats, with the intention of creating the perfect bureaucratic prison with total access to your pockets. New technology has simply created a more thorough method for the government to steal from us. The net is now closed. No crumb, no penny (soon to be gone)) left behind. The squeeze has barely begun!ances
everyone do not give into paying the outrageous fees, and do not pay the collections, wait untill this lawsuit goes through, and trust me it will, as well as no judge in new york or new jersy will force you to pay these fees as its agianst your constitutional rights. just wait it out. I have over 5 thousand dollars in collections for tolls i was never sent notice about. Which over 80% of that is all fees which is unjustifiable. In the end ezpass and the collection agencies will suffer… just be patient and wait it out, nor will any credit or loan be affected as they will see that it is ezpass and will know they are a pure scam.
I got billed $23000 dollars..for NJT
and $14000 for NY EZpass
Please let me know how to join the Lawsuit.
Have you found out how to join the lawsuit?
E Z Pass tolls was taken out of my account.
But amount owed, was still sent to a Collection Agency. Penalty was
$ 325.00. Had to pay.
I am no guilty.
What to do.
Hi,
I am writing to complain about E-Z Pass outrageous practice because I have no other place to resolve the issue. I tried my best to prepare the documents and appealed the matter to related department. But they either told me they did not receive the appeal letter even I have USPS tracking record or they simply ignored my letter. Now they gave me the bill again without any reason as the bill was dated in March 2017 but my account was zero long time ago. They gave the bill to a collect agency after I sent my document to remind them that my account was already zero. I do not understand why they did not know my account was zero and why they ignored my reminding and still transferred the bill to collect agency. They may think they could get my money quite easily because they ignored my appeal of $500 penalty for $56 balance in Dec 2017 and transferred the amount to a collect agency. Afraid they would charge more if I did not pay the $500 penalty promptly and that they may suspend my vehicle registration, I paid $500 penalty in January this year with my credit card while waiting for appeal result. Still I did not hear any response from them. In addition, I paid the balance of $56 twice because they insisted they did not receive my previous payment even I have credit card payment record. Could you tell me what I should do now? E-Z Pass seems to care nothing for the stress they brought upon people and seems quite successful for the money they rack up!
Thanks,
Lily
I have had multiple Bill’s sent to me and paid them but everytime they send a new bill with bigger amounts and late charges and penalties I have sent payments by moneyorders I have confirmation numbers that they got cash and accepted next step is to the federal auditors office and my attorney
They don’t have this crap where I come from
I only went to see Niagara Falls and came straight back after the evening. Will not go back
I have bills too dating back from 2017- I am sure I paid them, but I am young and stupid, and have changed card accounts, and never bothered to check myself, over a year later I am getting letters that I owe over 500 dollars for “unpaid” tolls. I am really wracking my brain… can’t understand how the federal government allowed such a monopoly to take over.