91 Express Lanes Orange County Transportation Authority Excess Fees for Equipment that Does Not Work! Deceptive Billing. Orange , California

I've been a 91 Express Lanes customer since 2007. For the most part, I have not had a problem with the service which is the use of a "fastrack" lane for fee. You sign up, get an electronic "transponder" and it's as easy as traveling through the lane in the gated area to get billed for the toll. You sign up and agree to keep a credit card on file for automatic billing. From 2007-2011, I've had little problem with the service. In 2011 however, I was sent a note telling me that traveling through the lanes without a transponder more than 2 times per month would result in a fine of $2.00 per occurrence. Heres where I get to the problem. Since 2007 the equipment has basically worked on an intermittent basis at best. When you go through the lane, the transponder you keep in your window beeps if it registers with the RF device at the gate, thus indicating you have properly paid your toll. Since I've been a customer the transponder works at best, 7 times out of 10. I am what I would call a heavy user. I rack up about $200.00 a month in tolls. Therefore, since the "change in policy"...which conveniently coincided with an announced "reduction in tolls"....I've been hit with about $100.00 worth of these $2.00 fees! I first started noticing them on my statements earlier this year! Again, no fault of mine as my transponder is properly mounted and JUST DOES NOT WORK 100% of the time...I've gone through 2 different transponders now...it still happens. I've filed a complaint, which was supposed to be answered in 3 days....but still no resolution.

If this wasn't enough...their billing and notification practices border on unethical and could be classified as fraud. You are required to keep a valid credit card on file. This piece is my fault. I've had the card on the account expire twice on me in this 4 years...thus, when the automatic replenishment comes up, it gets declined. I'll take the hit as I signed an agreement to keep a valid card on file. What I have a problem with is how they notify you! If they can "auto debit" your card with their technology, then you would think they could "auto notify" you as well. In each instance, they sent snail mail (U.S. mail) notices....well, you guessed it...by the time you get the notice, they have deactivated your account, charged you $25.00 for NSF Fee, and in the meantime, you are racking up TOLL Violations at $25.00 a pop while you wait for your snail mail!

To me, the fees added for "no transponder" when in reality, it's their poor equipment and the use of snail mail for notifications amounts to a money making scam that they use to make up for the better publicity of "lower toll fees"! I don't know why I'm surprised...it's a stinking government agency!

If I don't get resolution to my satisfaction, I'm interested in filing a class action lawsuit. Any attorney on the board feel free to respond and I'll get in touch with you. Leave your law firm name and I'll Google it! Also, if anyone knows how to file a complaint to a higher authority on this (State of California) please let me know!