Residents file class-action suit over I-PASS fines
A Buffalo Grove-area couple are hoping a federal judge will allow others caught with toll violations to join their lawsuit against the tollway.
Marvin and Cheri Kushner filed the lawsuit seeking class-action status after they were fined more than $200 on April 10 for violations over the last 10 years.
"He had no idea why they would be citing him. He had an I-PASS and kept his account up and thought he was operating lawfully," said the Kushners' attorney, Daniel Edelman. "He was (angry). I understand it is a fairly standard story."
The lawsuit claims the toll enforcement system violates constitutional protections for due process largely because the Kushners couldn't get through to toll operators on "multiple occasions" after receiving the fines.
Tollway spokeswoman Joelle McGinnis said the Kushners' account has been updated and the fines have been waived.
"It is our hope that the lawsuit will be dismissed as a result," she said.
Edelman said the tollway alleges the Kushners used a car that was not registered to their I-PASS, causing the violations.
Tollway officials have been attempting to better inform drivers about updating I-PASS accounts and transponder rules, acknowledging it has been a widespread problem.
Tollway officials have also acknowledged a deluge of I-PASS or fine-related questions have overwhelmed the authority's call center. More telephone lines are being added to resolve the problem.
The increase in calls comes as the tollway digs out of a 13-month backlog of notices, which ended in August of 2007. Currently, the tollway is sending out 10,000 violation notices a day, about double the normal rate.
The suit estimates more than 2 million violations were recorded in the 13-month span and asserts that once letters started going out "many of the notices were erroneous."
The suit claims notices were "erroneous" because the tollway allegedly had problems linking credit cards to accounts and properly identifying license plates with enforcement cameras.