Blue Line Solutions Lacks Authority to Collect Penalties for Speeding in Georgia School Zones, Class Action Alleges
Chastain v. Blue Line Solutions, LLC
Filed: August 17, 2023 ◆§ 2:23-cv-00160
A class action seeks refunds for unauthorized and excessive fines and fees allegedly levied by Blue Line Solutions in violation of Georgia law.
Georgia
A proposed class action lawsuit seeks refunds for unauthorized and excessive fines and fees allegedly levied by Blue Line Solutions in violation of Georgia’s school zone electronic enforcement law.
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According to the 28-page case, the law provides for specific fines and sets maximum limits for electronic processing fees that may be collected as penalties for speeding through an authorized school zone in Georgia. Crucially, these fines and fees can be levied by only governing bodies, the suit points out.
Per the complaint, Blue Line Solutions, a private, for-profit company that provides automated speed enforcement systems in school zones throughout Georgia, is neither a governing body, an agent of a governing body, nor an agent of any law enforcement agency, and as such has wrongfully collected and retained unauthorized revenue from Georgia residents.
The plaintiffs, two married Rabun County residents, were issued a $100 citation, purportedly from the Tallulah Falls Police Department, in March of this year after allegedly driving at excessive speed through a school zone, the case states. The citation relayed that a camera photographed the plaintiffs’ vehicle traveling 58 miles per hour in a school zone with a speed limit of 45 mph, the suit reads.
According to the complaint, Blue Line Solutions did not send the plaintiffs a “copy of a certificate sworn to or affirmed by a certified peace officer” as required by Georgia law. The case says that, on the contrary, no officer was administered an oath to attest to the citation sent by the defendant to the plaintiffs.
The lawsuit alleges the contract between Tallulah Falls and Blue Line Solutions is void in that, for one, it delegates law enforcement duties to a private, for-profit corporation on a fee system.
Further, the case says Blue Line Solutions does not disclose on citations its name, involvement or the fact that solicited payments go to the company and not a law enforcement agency or local government.
“Blue Line thus deceptively hides its identity and illegally impersonates itself as a law enforcement officer in violation of [Georgia law],” the lawsuit alleges.
Moreover, the suit says the $25 processing fee Blue Line applies to every citation exceeds the maximum amount allowed by Georgia law, as the fee is an “automatic, flat rate charge that does not reflect the actual cost” incurred by the company for electronic processing. The defendant also requests additional costs for credit card payment processing, for which there is no statutory authorization, the case adds.
Ultimately, Blue Line Solutions fraudulently and deceptively retained more than 35% of the fine paid by the plaintiffs and thus kept for itself money that was to be used “to fund local law enforcement or public safety initiatives,” the filing claims.
The lawsuit looks to cover all Georgia residents who have received a notice of citation, pursuant to the state’s School Zone Electronic Enforcement Statute, that was mailed by Blue Line Solutions from July 1, 2018 through the date of class certification.
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