"Fraud and an unconstitutional taking, deceptive trade and a consumer law violation."
By DAVID LEE
Courthouse News Service
DALLAS (CN) - A class of motorists says the Texas Department of Transportation has no right to charge a $1 invoice fee for drivers who use the state's ZipCash video toll system. The class claims the state gave drivers no notice of the fee and has no statutory authority to charge it.
Lead plaintiff Mary Kemp says she drove the State Highway 121 toll road in September 2007 and did not have change to pay the toll upon exit, nor did she have a toll tag in her car, which is tied to a pre-established account. She decided to use the remaining payment option, the video toll lanes that result in a bill being sent to her home.
Kemp says that based on the signs on the tollway exit, she believed she would be billed 60 cents. But the state added the undisclosed $1 invoice fee.
She calls that fraud and an unconstitutional taking, deceptive trade and a consumer law violation.
She also sued the TexasTollways, the Texas Turnpike Authority and the State of Texas. She seeks refunds, an injunction and costs. She is represented in Federal Court by Thomas Corea.
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