E-ZPass Class Action Claims Website Makes It Difficult for Drivers to Find Violations

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A proposed class action out of New York alleges the E-ZPass website makes it unnecessarily difficult for drivers to ensure they’re in good standing, especially if they’ve recently moved or experienced mail delays. 

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The seven-page complaint contends that when a consumer who has not received a violation notice by mail attempts to check their E-ZPass account online, the website, maintained by the Triborough Bridge and Tunnel Authority (TBTA) and Conduent Incorporated, poses multiple obstacles toward discovering and remedying violations. The suit describes the online process for handling E-ZPass toll violations as “excessively burdensome” and rife with “dark patterns” to the detriment of consumers.

For one, violations, which occur when the cashless toll system fails to detect an E-ZPass transponder in a consumer’s car, are often not displayed on a user’s account dashboard online, the suit says. Second, the general architecture of the E-ZPass website “prevents users from discovering violations where they lack the violation number,” the filing argues. 

Although a consumer can remedy E-ZPass violations online, the lawsuit challenges that a driver looking up possible violations by their license plate number will likely be unaware of the “date of travel,” a piece of information E-ZPass asks for, on which a particular violation occurred. Drivers in this scenario are left to “perform repeated searches for separate days” on the E-ZPass website because “it is not possible to select a range of dates,” the suit says. 

Overall, users who may not receive E-ZPass violation notices by mail “are prevented from complying with their obligations even though they otherwise attempt to,” the lawsuit contends. 

The case claims that the alleged clunky architecture of the E-ZPass website, the design of which was approved by Conduent and TBTA, violates New York law and the due process clause of the United States Constitution. 

“Defendants impose fees and penalties for violations which users are unable to discover even with due diligence,” the suit complains. “Defendants’ design and implementation of the E-ZPass website uses ‘dark patterns’ to facilitate sub-optimal choices to the detriment of users.” 

The lawsuit looks to cover all persons in New York, New Jersey and Connecticut who experienced the alleged E-ZPass website issues detailed on this page within the applicable statute of limitations period. 

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