Settlement Structure: Claims Made
Active: OpenCase Summary:
The Orange County Transportation Authority (OCTA) and Cofiroute USA, Inc. are settling their shares of a combined class action about the operation of the 91 Express Lanes. The complaint alleged that, first, the companies improperly shared personally identifiable information (PII) with third parties, violating the drivers’ rights of privacy; and second, that their toll collection practices and imposing of penalties violated the excessive fines and due processes clauses of the US and state constitutions.
Other defendants in the case—Foothill/Eastern Transportation Corridor Agency, San Joaquin Hills Corridor Transportation Agency, several individuals, the 3M Company, and BRiC-TPS, LLC—previously settled their parts in the case, which concerned the operatio of the 73, 133, 241, and 261 toll roads in Orange County.Docket Number:
Company: Orange County Transportation Authority (OCTA)
Filing Deadline: November 8, 2021
Class Period: June 29, 2015 to May 27, 2021
Objection Deadline: November 8, 2021
Exclusion Deadline: November 8, 2021
Final Approval Hearing: January 4, 2022Proof of Purchase:
If you qualify for a cash payment (that is, if you had a toll violation that was sent to a third-party debt collector and are not eligible for penalty forgiveness), you must submit a claim form.Eligibility:
You may be eligible if you are an individual in either of the following groups whose PII was provided by OCTA or CUSA to an individual or entity between June 29, 2015 and May 27, 2021:
- The Interoperability Subclass: All persons with a transponder account with a California toll road operator other than OCTA whose PII, including the date, time, and location of a toll transaction on the 91 Express Lanes was sent by OCTA or Cofiroute to another California toll road operator between June 29, 2015 and May 27, 2021 for the purpose of collecting a toll incurred on the 91 Express Lanes; and
- The DMV, Debt Collection, and Car Rental Subclasses: All persons whose PII was sent by OCTA or Cofiroute between June 29, 2015 and May 27, 2021 to (a) the California Department of Motor Vehicles or out-of-state equivalent in connection with one or more alleged toll violations incurred on the 91 Express Lanes (the DMV Subclass), (b) a car rental company in connection with an alleged toll violation incurred on the 91 Express Lanes (the Car Rental Subclass), or (c) a third-party debt collector for the collection of unpaid tolls or toll violation penalties incurred on the 91 Express Lanes (the Debt Collection Subclass).
Two benefits, cash payments and penalty forgiveness.
- Cash payments: Pro-rata share of the net settlement fund, up to a maximum of $15 per person. For eligible class members who had a toll violation sent to a third-party debt collector, who submit valid claims, and who are not eligible for penalty forgiveness.
- Penalty forgiveness: A total of $40 million in toll violation penalty forgiveness. Every toll violation penalty assigned to a third-party debt collector for collection will be reduced to $100. Also, you will receive around $40 off the total debt owed. You do not have to submit a claim form to receive this benefit.
Total Settlement Amount: $1 millionClass Representative Proposed Incentive Fee:
Cuneo Gilbert & LaDuca
Lindemann Law Firm APC
Schonbrun DeSimone Seplow Harris & Hoffman
Case Name: In re Toll Roads Litigation
Settlement Website: OCTA 91 Express Lanes PII Sharing Settlement Website
Epiq Class Action & Claims Solutions, Inc.
91 Express Lanes Settlement Administrator
P.O. Box 3639
Portland, OR 97208-3639