Optotraffic Charges Excessive Penalties for School Zone Traffic Violations in Georgia, Class Action Lawsuit Claims

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A proposed class action lawsuit claims Optotraffic has improperly charged traffic violators a $100 fee, exceeding the maximum civil penalty allowed by Georgia law.

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The 16-page Optotraffic lawsuit alleges that the company, which operates road safety cameras in many designated school areas throughout Georgia, has “blatantly” violated the state’s School Zone Electronic Enforcement Statute by collecting unauthorized and unlawfully excessive fees from residents.

According to the class action suit, the statute sets a $75 cap on civil penalties charged to consumers after their first time being photographed driving at excessive speeds in a school zone.

Nevertheless, Optotraffic routinely assesses $100 civil penalties for school zone traffic violations, directly contravening Georgia law, the case contends.

The complaint goes on to claim that Optotraffic has used deceptive tactics to collect unauthorized fees from consumers.

On top of the $75 maximum fee, state law allows companies to charge violators up to $25 for the “electronic processing” of a citation payment, the filing says. Optotraffic assesses the full $25 allowed by law as part of its uniform $100 civil penalty for traffic violations, the lawsuit shares.

However, the suit asserts that the company has misrepresented the $25 electronic payment processing fee because the amount “in no way” reflects Optotraffic’s actual processing costs, which are “already covered through other revenue streams” the defendant receives from clients and through other fees. Indeed, the case alleges the company has “conducted no due diligence to quantify or identify” its actual electronic payment processing costs.

In addition, the complaint argues that Optotraffic collects an added $4.95 fee from consumers who pay their ticket online, which the filing claims is not authorized by law or properly disclosed to consumers on the citation.

The plaintiff, a Georgia resident, says she received a citation in the mail from the Bibb County Sheriff’s Office, which alleged that she had been speeding in a school zone and demanded payment of a “civil penalty in the amount of $100.” As the complaint tells it, the citation led the woman to believe the payment would be made to the sheriff’s office, as there was no mention of Optotraffic’s involvement. Likewise, the citation “said nothing” about an additional online payment fee, the filing claims.

According to the suit, the plaintiff paid the $100 penalty as well as the undisclosed $4.95 online payment charge for a total of $104.95.

The case asserts that Optotraffic has unlawfully appropriated millions of dollars from Georgia residents under the “guise of a governmental entity.”

The lawsuit looks to represent all individuals issued a citation by Optotraffic in Georgia who paid $100 or more in civil penalties and fees for the citation.

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