A class action settlement has been filed against two toll companies that have agreed to pay $2.5 million for resolving claims alleging they unfairly charged fees on unpaid tolls for the RiverLink toll bridges in Kentucky and Indiana. RiverLink toll bridges help in moving traffic across the Ohio River between Southern Indiana, Kentucky, and Louisville. The two states are connected by three bridges which allow the drivers to cross the river by paying a toll.
As per the class action lawsuit, RiverLink operators Gila Inc. and Kapsch TrafficCom USA Inc. violated the law by levying late fees on unpaid tolls after just 29 days or less. Kapsch TrafficCom and Gila Inc. have been working with RiverLink since 2016. They sent invoices to drivers who didn’t have a prepaid RiverLink account and crossed the three tolled bridges: the Lewis and Clark Bridge in Louisville’s East End and the Abraham Lincoln Bridge and John F. Kennedy Memorial Bridge in downtown Louisville. Drivers holding prepaid accounts with RiverLink are automatically charged less than other drivers. The bill is sent to them via email and a second notice is sent containing an additional $5 late fee if the bill is not honored within 30 days. If the second notice is not paid within 30 days, then an additional late fee of $25 is levied.
The Plaintiffs argued that the business terms of RiverLink state that a late fee shall be levied after 35 days (30 days for a customer to honor the payments and 5 days for mailing and invoice generation). This led to unfair charging of late fees from the drivers on unpaid tolls although they paid within the stipulated time frame.
The RiverLink class-action lawsuit contends that the defendants inappropriately charged penalties from the motorists as part of a scheme with an aim of misleading and defrauding the general public. Although Gila and Kapsch have not admitted to any wrongdoing, they agreed to honor these claims with a $2.5 million settlement deal to avoid inconvenience, further expense, and the distraction of protracted and burdensome litigation. The defendants have also agreed to alter their toll fee process for avoiding future unfair fees. This is going to serve as injunctive relief in this settlement deal.
Eligibility for Making Claim: Class Member comprises individuals who paid penalties or fees on tolls for using the RiverLink toll bridges but didn’t get any refund before 7th February 2022. The eligible fees would be determined after Class Members failed to pay the first toll notice, second toll notice, and/or violation notice which was not mailed and printed.
Potential Claim Amount: Class Members will receive a cash payment under the terms of this class action settlement. The payment will depend on the amount paid by each Class member in toll fees. Class members who paid more towards toll fees will get a larger share of the settlement fund.
Claim Form: No claim form is required to be filed by the Class members for benefitting from this Class action settlement. They will receive payments automatically without having to take any action. However, they might choose to receive the payment through Zelle or PayPal by submitting a request using the settlement website.
Settlement Website: RiverLinkSettlement.com
Proof of Purchase: No proof of purchase is applicable.
Objection Deadline: 05/23/2022
Exclusion Deadline: 05/23/2022
Final Hearing Date: The hearing date has been set for 06/22/2022 at 11 a.m. in the U.S. District Court of Southern Indiana.
Settlement Pool: $2.5 million