She received Zipcash invoices from the NTTA on a monthly basis, consistent with the NTTA s stated policy. 3- Reyes used the ZipCash method to pay tolls between May 2008 and August 2009. Therefore, without objection, the defendants motion to dismiss these two claims is granted. Plaintiffs Response to Defendants Motions to Dismiss First Amended Complaint and Brief in Support ( Plaintiffs Response ) at 1 n.1 (docket entry 22). However, the plaintiffs elected not to contest the defendants motion to dismiss those claims. Constitution, and equal protection under Article 1, Section 3 of the Texas Constitution. 2 Plaintiffs complaint alleges violations of the Equal Protection Clause of the Fourteenth Amendment to the U.S.
See generally Complaint ¶¶ 59, 72, 81, 92.2 As a result, the plaintiffs allege, their federal constitutional rights under the Due Process Clause of the Fourteenth Amendment and the Excessive Fines Clause of the Eighth Amendment, and their state constitutional rights under Sections 13, 17, and 19 of Article 1 of the Texas Constitution, were violated.
#Ntta payment drivers#
They allege that the NTTA s assessment of an administrative fee per transaction (rather than per violation invoice) at either $25.00 or $8.33 per transaction violates TEXAS TRANSPORTATION CODE § 366.178, which governs situations where drivers fail or refuse to pay their tolls. As a result, they were charged hundreds or thousands of dollars in administrative fees by the NTTA. The four named plaintiffs in this case used the ZipCash system, but failed to pay their initial ZipCash invoices on time. However, the administrative fee charged was lowered in 2010 to $8.33 per transaction. Initially, the NTTA assessed an administrative fee of $25.00 for each transaction listed on a violation invoice.
#Ntta payment driver#
In the violation invoice, the NTTA will assess the driver an administrative fee for each toll transaction for which the driver has not paid the toll. The cost of sending out a violation invoice is approximately 1 In this opinion, a transaction will refer to a single usage of a toll road. If that initial invoice is not paid within 30 days, the NTTA will send the driver a violation invoice. The invoice may, and usually does, contain more than one transaction. The cost of sending out the initial invoice is approximately $3.86. If a driver does not pay the NTTA for the toll within 30 days, the NTTA will mail the driver a ZipCash invoice listing the tolls owed. Id see also (last visited October 27, 2011).
#Ntta payment license#
ZipCash is a video tolling system which uses cameras to take a picture of a car s license plate and charge the driver the toll. The NTTA allows drivers to pay the toll for a tollway in one of three ways: (1) cash, (2) a TollTag, and (3) ZipCash. The defendants are the NTTA and some of its current or former directors or officers. They bring this suit individually and on behalf of a putative class of similarly situated individuals. The plaintiffs are drivers in North Texas who have used one of the NTTA s tollways. First Amended Complaint - Class Action ( Complaint ) ¶ 1 (docket entry 18). Factual Background This case concerns the administrative fees charged by the NTTA to tollway users who fail to pay their toll invoices on time. For the reasons set forth below, the defendants motions to dismiss are granted in part and denied in part. 3:10-CV-0868-G MEMORANDUM OPINION AND ORDER Before the court are the motions filed by the defendants, North Texas Tollway Authority ( NTTA ), Paul Wageman ( Wageman ), Allen Clemson ( Clemson ), Janice Davis ( Davis ), Kiven Williams (Williams ), Victor Vandergriff ( Vandergriff ), and Clayton Howe ( Howe ) (collectively, the defendants ), to dismiss the amended complaint filed by the plaintiffs, Mirna Reyes ( Reyes ), Emmanuel Lewis ( Lewis ), Jennifer Bunch ( Bunch ), and Brian Covert ( Covert ) (collectively, the plaintiffs ) (docket entries 20, 21).
NORTH TEXAS TOLLWAY AUTHORITY, ET AL., Defendants. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MIRNA REYES, ET AL., Plaintiffs, VS.
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