Bklyn Man Sues E-Z Pass for Surcharge on Paper Statements & Wins

By: Noah Robinson

This E-Z Pass fee is taking a very high and demanding toll on drivers for little to no reason. A Brooklyn man claims the $6 annual change E-Z Pass adds to monthly paper statements is, simply put, against New York’s law.

Michael Rosenberg, who is suing the MTA and Port Authority, has stated that thousands of E-Z Pass customers still get mailed statements and are getting swindled for it. It is a fact that forcing customers to pay for wanting to get their bills in the mail, while providing digital options for no charge at all, is unfair to those who do not have access to the internet per say. This is according to the state Legislature established in 2011 in Michael Rosenberg’s November 12th class-action lawsuit filed in the city. Rosenberg wants the following: unspecified damages, restitution for himself and any other customers affected, and a court order restricting the annual fee.

However, a state source explained that the 2011 law (which bars charging customers for paper statements) doesn’t specifically apply to the government. “No person, partnership, corporation, association or other business entity shall charge a consumer an additional rate or fee … when the consumer chooses to pay by United States mail or receive a paper billing statement,” the law reads.

The Port Authority had declined to comment. But the MTA and Port Authority do offer emailed statements, as well as a bimonthly paper option free of charge. The MTA declined to comment on exactly how many customers get monthly statements in the mail and pay the fee. “This practice has been in place since 2001 for customers who want monthly paper statements to cover the cost of postage and processing,” spokeswoman Abbey Collins said. “As a rule we don’t comment on pending litigation.”