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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 recently have received a notice of Toll evasion with a fine of $3.43 not a big amount but the thing is that neither me nor my car has been on that Toll road Ever. That was Very Concerning to me so I got on the phone and call them to find out that somehow a “Sun reflection” made my license plate look “similar” to another car. According to the customer service rep that was a mistake since the car model was different. This is Very fishy and wonder if has had happened to anybody else. They told me that it will be dismiss and a notification of such will be sent out my way
I receive about one a year. The most recent is for $ 3.75 + $57.50 penalty. My vehicle was never near or on those lanes. Every year I have to go through this. I wish there was some recourse! If you don’t fight it then the penalty just increases until they put a hold on your vehicle registration.
I just paid over #335 after reduced by a thousand, I am no sick due to stress from this, lady behind me had to pay $5,500 I am poor and never will use this toll again, so scam. 949 235 3095 I wanna sue if possible, my health is bad and now might have to miss work because they stressed me out.
I am a UBER driver that drove on a Toll Road June 13, 2018 taking a rider from LAX to Orange County. All pay booths were closed and received a notice today July 3rd for a notice that was sent out on June 25th, 2018. I received a letter from The Toll Roads telling me that I owed them the fee of $7.04 Plus a “penalty fee” of $115.00 which would go up again on July 25th to $207.04 if I do not pay them their fee and penalty fee. I will unfortunately will start declining people traveling to Orange County I actually don’t make any money and lose a lot just driving on these toll road. I suggest boycotting these toll roads altogether. I wish to join the class action lawsuit and to testify in court if possible. Thank you.
I am a Lyft driver that drove on a Toll Road this past May. In good conscience, I went to Thetollroads.com website to pay my toll fee, only to be informed “apparently you are checking too early, please allow at least 48 hours for your toll to appear”. Every week I went back to check to see if my toll appeared, and it never did. Two weeks ago I received a letter from The Toll Roads telling me that I owed them the fee Plus a “penalty fee” which would go up again in two weeks if I did not pay them their fee and penalty fee. When I called The Toll Roads, a customer service representative informed me that I actually owed Three fees, a new one on May 24, and a previous one in December of 2017, now totalling $275, soon to go over $400 if I do not pay all of them. Further, they threatened to put a “lien on my registration” so I can’t register my car in California this next year, if I don’t pay the penalty fees; so they are now holding my car hostage. I had checked their website every week, but neither the May 17 toll ever showed up, nor the May 24th one! Further, their website only allows you to search one week at a time (and no more) for any tolls you owe; so they appear to be trying to make it as difficult as possible to discover and pay your tolls. I wish to join the class action lawsuit and to testify in court if possible. Thank you.
You can contact class counsel with your concerns. Counsel is listed at the bottom of the article and can be Googled for contact information. TCA will let our viewers know if a class action settlement is reached!
I want to sign up for the class action. I had just received the bill for a fee of 12 dollars, but a panalty of 230 and I didn’t even receive a bill for the fee in the first place. How is that right? But should I still pay the penalty first regardless? And save a copy of the check?
Please add my wife and I to the class action lawsuit if possible. (David Topolovac & Maria Topolovac). If there is something I need to do to complete the process, I am happy to do so .
Regards,
David Topolovac
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!
i paid my toll and 3 months later i just got a bill for 2 outstanding fines of a $106.98 that state i made 2 passes on the toll road 2 days in a row i thought vthe sign said that one toll is good for five days? i have proof ive paid the toll. they are trying to charge me for plus delinquent fines. i am completly sickened by this obvious corrupt system of deceit and trickery , as they do not mention anywhere before entering the toll road that i cant pay cash on the spot. this is false representation and a trap. please include me in your law suit.
Please add my wife and I to the class action lawsuit. Here’s a summary of what I’ve noticed and heard from others, as well:
1 You use the toll, bill comes in the mail.
2. If you don’t pay it, fees are added to EACH TRANSACTION, in other words, every time you used the toll.
3. There were times when we called up and offered to make a payment, but were turned down.
4. A $1.24 toll fee gets a $100 administrative fee added when it goes to court, for a new total of $101.24.
5. $62.10 of unpaid tolls turned into $1,237.10 bill that was handed over to collections.
No matter who I called to ask for a detailed explanation of exactly how my bill grew at such an exponential rate, I was given the runaround.
Please help!
Thanks!
Please add our family to the lawsuit. They have taken us for thousands and still continue to do so. Very deceptive practices! Very!
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!
Please add me to the class action lawsuit, they sent notices to incorrect address but still say I’m responsible for the penalties.