A favorable ruling could mean $250 million refunds for drivers from around the country.

If the New Jersey suit is successful, it will not have an immediate impact on NY: lawyer

A N.Y. State Assemblyman thinks the suits show how people feel about a system sweeping the country.

A class action lawsuit is challenging New Jersey's tolling authorities' ability to charge $50 fines for toll violations.

If successful, the lawsuit could mean big changes to the way tolling is handled in the tri-state area, and maybe even some payback for drivers hit by the system.

The lawyer on the case estimates the restitution could reach as much as $250 million and include any driver who paid tolling fines on some New Jersey roads.

The suit was filed at the end of 2017 in U.S. District Court in New Jersey, but is waiting on the decision of a New Jersey state court to determine if the $50 fine is legal or not.

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Judges could decide to refund drivers all of the money some New Jersey-based tolling authorities charged them in fines from 2011 to the present, said Matthew Faranda-Diedrich, the lawyer for the plaintiffs.

Faranda-Diedrich — an attorney with the firm Royer Cooper Cohen Braunfeld — is based out of Philadelphia. The main plaintiff in the case is from Pennsylvania as well.

Faranda-Diedrich's argues that since New Jersey law stipulates fines must be reasonable and based on the cost of collection, the $50 fine violates multiple rules. Toll violations issued by New York tolling agencies also call for $50 to $100 for the second nonpayment of a toll.

A $50 fine, Faranda-Diedrich argues, exceeds the cost of printing and mailing out a notice.

The suit also argues that the fee violates the 8th Amendment, which prohibits excessive fines, along with cruel and unusual punishment. New Jersey has some of highest fines in the nation.

"No other state in America charges $50, except for New York," Faranda-Diedrich said.

The New Jersey Turnpike Authority — which also runs the Garden State Parkway — did not return requests for comment.

What the lawsuit could mean for you

Everyone: The suit's lead plaintiff isn't from New York or New Jersey. Yudelka Reynoso hails from Pennsylvania. She could see her $150 in fines returned to her.

If the judges decide to order refunds, that means drivers who paid fines on the New Jersey Turnpike or the Garden State Parkway from 2011 to the current date could get their money back.

Faranda-Diedrich estimates that 5 million people were charged, and paid the fines. That could mean $250 million in refunds for drivers around the country.

A victory in New Jersey could also put a spotlight on a slowly growing crisis that — until about a year ago — went under the radar of many drivers and politicians.

"I hope this will spark some attention to what is often something that is largely ignored, which is how these toll roads are administered," Faranda-Diedrich said.

New Jersey: A possible refund of any fines charged on the Garden State Parkway or the New Jersey Turnpike. Future fines could see a reduction or elimination depending on the judge's decision.

New York: A victory in New Jersey might not provide an end to New Yorkers' tolling woes.

New York lacks the same statute that limits the fines to a reasonable level, or limits them to the cost of collection, Faranda-Diedrich said.

"The authorizing statute in New York basically told the agencies like MTA, 'you can charge whatever you want to charge,'" Faranda-Diedrich said.

And New York tolling authorities, like the Thruway, have been doing just that.

From January 2015 to September 2018, the Thruway has charged $55.9 million in E-ZPass administrative fees and another $26.4 million in Tolls By Mail fees. For a time, the Thruway collected more money from fines than it did in tolls on the Gov. Mario M. Cuomo Bridge.

Not the only suit out there

From coast to coast, drivers are joining lawsuits against states and tolling authorities for issues with the new cashless systems.

New York State Assemblyman Tom Abinanti, D-Greenburgh, has been battling New York's governor over tolling issues in the state for the past year.

Abinanti thinks the suits show how people feel about a system that's sweeping across the country.

"People are waking up to the errors their governments have made with the toll collection process," Abinanti said.

New York: After nearly a year of billing headaches, threatening letters and calls from collection agencies, several New Yorkers — with the help of the Manhattan-based firm Squitieri and Fearon — have filed several suits involving cashless tolling.

A class action suit was filed in April 2018 naming the Thruway Authority, the Port Authority of New York and New Jersey and the Metropolitan Transportation Authority.

Also named was Conduent — a New Jersey-based, private company that controls nearly half of the U.S. electronic-tolling market — and debt collectors involved with the system.

This case is pending a hearing from a federal judge, after fighting dismissal attempts from the tolling authorities.

Stephen Fearon, partner at Squitieri and Fearon, is aware the problem has grown outside New York.

"We're watching the other cases with interest," Fearon said.

California: Billing issues in California led to a class-action suit in 2017 that's still active. The suit claims that Conduent sent out 16,000 violation notices to people who never received the initial bills.

That lawsuit claims that bills were sent to old addresses, even when the company knew the information was incorrect.

The contract for the San Francisco area also included a bounty for every time Conduent mailed an initial violation notice.

This case will go to trial on June 24, 2019.

Want to learn more?

If you drove on the New Jersey Turnpike or the Garden State Parkway from 2011 to the current date and have been charged a fine for missing a toll bill contact: mfd@rccblaw.com.