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A California driver’s toll roads class action lawsuit claims that the operators of some state toll roads have been deceptively shaking down drivers for tolls and fines.
Plaintiff Ebrahim E. Mahda is suing Transportation Corridor Agencies, the California-based company that manages toll collection on certain state highways in Orange County under the name The Toll Roads.
Mahda is challenging the way The Toll Roads issues fines to drivers who enter onto these roads without an electronic transponder called a FasTrak, used to assess tolls for registered vehicles. The FasTrak transponder is linked to a prepaid account that automatically covers the charge for toll whenever the driver uses a particular toll road.
The specific roads at issue in this toll roads class action lawsuit are state routes 73, 133, 241 and 261. Madha says these roads account for 20 percent of the roads in the Orange County highway system.
Drivers may use these roads without a FasTrak device in their car. But those who do will receive a Notice of Toll Evasion in the mail demanding payment of a fine, Mahda says. He says he received one of these notices himself in December 2015 after driving on state route 73 twice during the previous November.
Madha says that failure to pay the fines on time results in a compounding of penalties on top of the original fine amount. His own notice demanded $6 for each violation and threatened penalties of $57.50 if Madha failed to pay by Jan. 9, 2016, he alleges.
By the time Madha paid the toll and associated penalties in May 2016, he says his total bill amount had risen to $232. He alleges these notices of toll evasion have resulted in thousands of dollars of revenue for The Toll Roads.
What makes The Toll Roads’ practice a deceptive and unfair business practice is that there is virtually no signage to alert drivers before they enter a stretch of road that requires a FasTrak transponder for toll payment, Madha argues. He says drivers have a reasonable expectation that upon using the toll road they will be able to pay via some other mode like cash or a credit card.
This is not the first time The Toll Roads has faced scrutiny from a class action lawsuit. In February, plaintiff Penny Davidi Borsuk filed a lawsuit against those responsible for operating unmanned cashless toll systems on California’s highways, after she was allegedly cited for tolls and fines that she wasn’t aware of until it was too late for her to contest them.
Madha alleges that The Toll Roads’ practices violate provisions of California’s Business and Professions Code. He also accuses them of negligent misrepresentation and unjust enrichment.
If certified, the proposed plaintiff Class will encompass all persons who paid a fine to The Toll Roads in response to a toll evasion notice during the applicable Class period.
Madha’s toll roads class action lawsuit seeks an award of damages and restitution of profits derived from The Toll Roads’ allegedly deceptive conduct, plus attorneys’ fees and court costs. He also seeks an injunction that would stop The Toll Roads from continuing the conduct Madha complains of here.
The plaintiff is represented by Aaron Dolgin, Michael J. Flannery and Charles J. LaDuca of Cuneo Gilbert & LaDuca LLP; and Michael McShane and S. Clinton Woods of Audet & Partners LLP.
The Toll Roads Deceptive Business Practice Class Action Lawsuit is Ebrahim E. Mahda v. Transportation Corridor Agencies d/b/a The Toll Roads, Case No. 8:16-cv-00940, in the U.S. District Court for the Central District of California.
UPDATE: On July 31, 2018, a federal judge certified a Class of drivers in a class action lawsuit alleging that California toll operators use personal information to collect toll payments. The judge also trimmed some of the claims in the case.
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55 thoughts onThe Toll Roads Class Action Challenges Driver Penalties and Fines
I am sooo stressed out right now I owe 60,000 dollars in tow fees because they claim they didn’t have the correct address at MVA after trying to get it settled they removed the fees and charged me 5498.00 but because I didn’t have the money the fees went back as they were they suspended my tags on one vehicle and allowed me to drive the other for job purposes I have since lost my job and on a very tight budget this have caused me to become depressed have much stress and anxiety do to not knowing when they will suspend my tags again please help me in Maryland
I agree. Once they said i went through withpit paying when i have fastrak. Its crazy. So yeah….i know.
It’s not just in CA. These tolls are getting ridiculous in PA too. Something needs to be done about this! They trick u while you’re on the road then send tickets in the mail. It’s not fair because anyone could have been driving your car that day and plus if u can’t pay they start charging interest until u really can’t afford it!
No the Fines and Penalties are not Fair
Theres a toll road like this in Florida, happened to me and my family o vacation in 2011. I found out about it when I returned the rental and their was a huge fine for Toll Evasion. I mentioned not being in any toll roads and the employ replied with, it must have been Highway something, something we get them all the time.
I agree – Florida needs to have a class action lawsuit too. They have got me several times on vacation in Tampa. I expected to see a place to pay the toll but you cant pay it. You get billed instead with administrative fees doubling the toll.It was not clear to us we were on a toll road. Their is an expressway that runs parallel to the toll road – out of Ft. Lauderdale west to where we had reservations in Weston, FL. If we had any idea wed get a bill in the mail for this toll road we would have avoided it. Weve been hit several times with bills mailed to us for toll roads in Tampa, FL as well.
This has happened to so many California drivers. It happened to me once and the ticket was so high. I don’t even recall going on a toll road as usualky I avoid them as I am on a FREEway and my taxes go to pay the use of said roads. If there is a class action, I am joining up.
This happened to my grandson in two different locations in Colorada a few months ago. Because he was laid off from work, I paid the fine of $18 on the 3rd of the month ( I am paid once a month, retired). I was sent a letter back with notice ” because I did not pay by the 27th I was re-charged $18 again. I explained to the lady that I did not get the first notice till the end of the month ( his address as well) so how could I possibly pay for it by the 27th. She could not have cared less so I reported it to the BBB with pictures for documentation
How about Golden Gate Bridge toll I recieved 2 toll tickets in the mail I know I had paid one of them. So I put in for disputing the other one. I submitted these item 3 times and never recieved a response. I thought it was done. Not when my registration guest what they added the ticket to my registration fee. So a $7.25 toll turned into a $80 fine
How can I become part of this class action suit? I had th exact same situation and wasn’t sent a ticket until it was too late. Please let me know a supposedly $7.00 toll ballooned to way more money than that! Thanks
Any lyck on getting in on this suit? I am wondering the same thing
omg so true! that just happened to me. I had no idea i was on a toll road and there were no markings but suddenly i get a ticket with fine in the mail. I called them and told them this was rubbish. There response was we will let it go this time but if it happens again we will charge you for not only the 2nd one but will attach this first one with it. Can you believe this bs? No markings at all!