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OCTA 91 Express Lanes PII Sharing Settlement

Settlement Structure: Claims Made

Active: Open

Case 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:

8:16-cv-262-ODW(ADSx)

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, 2022

Proof 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).

Typical Settlement Amount:

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 million

Class Representative Proposed Incentive Fee:

$5,000

Law Firms:
Cuneo Gilbert & LaDuca
Lindemann Law Firm APC
Schonbrun DeSimone Seplow Harris & Hoffman

Claim Form: OCTA 91 Express Lanes PII Sharing Settlement Claim Form

Case Name: In re Toll Roads Litigation

Settlement Website: OCTA 91 Express Lanes PII Sharing Settlement Website

Claims Administrator:
Epiq Class Action & Claims Solutions, Inc.

Claims Administrator Contact Information:

91 Express Lanes Settlement Administrator
P.O. Box 3639
Portland, OR 97208-3639
888-490-0922

Tags: Excessive Fees, Sharing Personal Information with Third Parties, Your Privacy