Frequently Asked Questions

  1. Why did I receive a notice?

    A Court authorized the notice because you have a right to know about the Settlement in a class action lawsuit known as In re: Toll Roads Litigation, Case No. 8:16-cv-262-ODW(ADSx) (C.D. Cal.), and about all of your options, before the Court decided whether to give final approval to the Settlement. This website and the Notice explain the lawsuit, the Settlement, and your legal rights regarding the Settlement.

    Judge Otis D. Wright II of the United States District Court, Central District of California is overseeing this case. The people who sued are called the “Plaintiffs.” The Orange County Transportation Authority, Darrell Johnson and Lori Donchak (collectively “OCTA”) and Cofiroute USA, LLC (“CUSA”) are collectively called the “Defendants.” The lawsuit alleges that in the course of operating the 91 Express Lanes, the Defendants, in violation of Section 31490 of the California Streets and Highways Code, provided personally identifiable information (as defined in section 31490, “PII”) to certain third parties. The lawsuit seeks statutory damages on behalf of the named Plaintiffs and a class of all individuals in the United States who operated motor vehicles on the 91 Express Lanes and had their PII captured and shared with third parties. The lawsuit also alleges that Defendants’ toll collection practices and imposition of penalties violated the excessive fines and due process clauses of the U.S. and California Constitution, violated the California constitutional right of privacy and the California Consumer Legal Remedies Act and Unfair Competition Law, and that they were negligent. There are other defendants, including Foothill/Eastern Transportation Corridor Agency, San Joaquin Hills Corridor Transportation Agency, Michael Kraman, Craig Young, Scott Schoeffel, Ross Chun, Rhonda Reardon (collectively “TCA”), 3M Company (“3M”) and BRiC-TPS, LLC (“BRiC”), who entered into separate settlement agreements with the Plaintiffs, and are not part of this Settlement.

    There are three separate Settlements in this single lawsuit. In addition to this Settlement, the Plaintiffs settled separately with TCA and BRiC on the one hand and 3M on the other regarding their operation of the 73, 133, 241 and/or 261 Toll Roads in Orange County. Details of the 3M and TCA Settlements can be found here.

    If you received a notice, it's because the records of one or more of the Defendants showed that you may be a member of the OCTA/CUSA Settlement Class. United States District Court Judge Otis D. Wright II ordered OCTA, CUSA and TCA to provide name and contact information (either mailing address or email address) to the Settlement Administrator so that notice could be sent.

    As explained further on this website, from the Settlement with OCTA and CUSA, your options included the following:

    • Submit a valid Claim Form to receive a cash payment if your toll violation was sent to a third-party debt collector and you do not currently owe any additional penalties.
    • Have a portion of your outstanding toll violation penalties forgiven.
    • Object to the Settlement by November 8, 2021.
    • Request to exclude yourself from the Settlement by November 8, 2021.
    • Do nothing.

    Defendants deny each and every allegation of wrongdoing, liability, and damages that were or could have been asserted in the litigation and further deny that the claims in the litigation would be appropriate for class treatment if the litigation were to proceed through litigation and trial. The Court ruled for Defendants on most of the Plaintiffs’ privacy claims but has not decided who is right on one remaining class privacy claim.

    The Plaintiffs’ Complaint, the Settlement Agreement, and other case-related documents, including copies of the Notice, are posted here. The Settlement resolves the claims against OCTA and CUSA in the lawsuit.

     Back to Top

  2. What is “Personally Identifiable Information” or PII?

    In the context of the Settlement, Personally Identifiable Information (“PII”) means “any information that identifies or describes a person including, but not limited to, travel pattern data, address, telephone number, email address, license plate number, photograph, bank account information, or credit card number,” as provided in Section 31490(o) of the California Streets and Highways Code.

     Back to Top

  3. Which Toll Roads are the subject of the lawsuit?

    Plaintiffs allege that the toll roads upon which motor vehicles owned or driven by Plaintiffs and Class Members were operated include the 91 Express Lanes operated by OCTA and other California toll roads in California operated by other public entities, including the TCA. Click here to see a map of the included toll roads. If you received a Notice, you are likely included in the Settlement because the Defendants’ records have identified you as a person whose PII may have been shared as part of the operation of the 91 Express Lanes.

     Back to Top

  4. Why is this a class action?

    In a class action, one or more people called “Class Representative(s)” (in this case, Plaintiff Dan Golka) sue on behalf of themselves and other people with similar claims. Together, all the people with similar claims (except those who exclude themselves) are members of a “Settlement Class.”

     Back to Top

  5. Why is there a settlement?

    The Court has ruled in favor of the Defendants on a number of the privacy claims raised in the lawsuit, but has not decided wholly in favor of either the Plaintiffs or Defendants. Instead, Plaintiff Dan Golka and Defendants have agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial. The Settlement has been approved by the Court, and Settlement Class Members will receive the benefits described on this website. The Settlement does not mean that any law was broken or that the Defendants did anything wrong. The Defendants deny all liability and legal claims against them in this case. Plaintiff Dan Golka and the lawyers representing the Class think the Settlement is best for everyone who is affected.

     Back to Top

  6. Who is included in the Settlement?

    If you received a Notice by email or mail, you are likely a Settlement Class Member. However, anyone who meets the description below could still be a Settlement Class Member.

    The following individuals whose PII was provided by OCTA or CUSA to an individual or entity described below between June 29, 2015 and May 27, 2021 are included in the Settlement:

    1. Any person with a transponder account with a California toll road operator other than OCTA whose PII including the date, time and location of a toll transaction on the 91 Express Lanes was sent by Defendants to another California toll road operator between June 29, 2015 and May 27, 2021 for purposes of collecting a toll incurred on the 91 Express Lanes (the “Interoperability Subclass”); and
    2. Any person whose PII was sent by Defendants between June 29, 2015 and May 27, 2021 to: (a) the California Department of Motor Vehicles or out-of-state equivalent in connection with more than one alleged toll violation incurred on the 91 Express Lanes (the “DMV Subclass”); (b) a car rental company in connection with an alleged toll violation incurred on the 91 Express Lanes (the “Car Rental Subclass”); and/or (c) a third-party debt collector for collection of unpaid tolls and/or toll violation penalties incurred on the 91 Express Lanes (the “Debt Collection Subclass”).

    The following individuals are excluded from the Settlement Class: current members of the OCTA Board of Directors, OCTA’s Chief Executive Officer, the General Manager of the 91 Express Lanes, OCTA’s 91 Express Lanes Project Manager III, and the attorneys representing OCTA and Cofiroute in this Litigation.

    The Settlement Agreement does not include any of the following claims:

    • The claims expressly asserted in the January 6, 2020 First Amended Complaint on file in the case entitled Mathew Skogebo et al., vs. Cofiroute USA, LLC, et al., Orange County Superior Court Case No. 30-2019-01118474;
    • The claims expressly asserted in the January 13, 2020 Second Amended Complaint on file in the case entitled Harvey J. Thompson, et al., vs. Cofiroute USA, LLC, et al., Orange County Superior Court Case No. 30-2019-01108804; and
    • The claims expressly asserted in the January 3, 2020 Corrected First Amended Complaint on file in the case entitled Sanket Vinod Thakur, et al., vs. Cofiroute USA, LLC, et al., United States District Court, Central District of California, Case No. 8:19-CV-02233 ODW (JDEx).

     Back to Top

  7. What does the Settlement provide?

    The benefits provided by the Settlement are as follows: OCTA will pay $1 million to create a “Settlement Fund.” The Settlement Fund will be used to pay all Settlement costs, including notice and administration costs, the Special Master’s fees and costs, any attorneys’ fees awarded to the attorneys representing the Settlement Class, and any approved service award to the Class Representative. The remainder (the “Net Settlement Funds”) will be distributed as cash payments to eligible Settlement Class Members who had a toll violation sent to a third-party debt collector and who submitted valid claims and who are not eligible for the penalty forgiveness described below. The cash payments will be distributed on a pro rata basis to valid claimants depending on the number of valid claims submitted, up to a maximum of $15.00 per person. Any amount remaining will be donated to Privacy Rights Clearinghouse, a Southern California nonprofit privacy rights advocacy organization.

    OCTA will also provide $40 million in toll violation penalty forgiveness. This will be allocated as follows: Every toll violation penalty assigned to a third-party debt collector for collection as of May 27, 2021 will be reduced to $100.00. In addition, each toll violator who owed OCTA a debt for one or more toll violation penalties assigned to a third-party debt collection as of May 27, 2021 will have the amount of that debt reduced by approximately $40.00. You did not have to submit a claim to obtain this reduction. If you did not submit a request to be excluded from the Settlement Class, and you have a qualifying toll violation debt, you will automatically receive this benefit.

     Back to Top

  8. How could I have submitted a claim?

    To receive a cash payment (i.e., you had a toll violation sent to a third-party debt collector and are not eligible for penalty forgiveness), you needed to complete and submit a valid Claim Form. The deadline to submit a claim online was 11:59 p.m. PT on November 8, 2021.

    You also could have submitted your Claim Form via regular mail. Claim Forms submitted by mail must have been postmarked on or before November 8, 2021 to:

    91 Express Lanes Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639

    No matter which method you chose to submit your Claim Form, you needed to read the Claim Form carefully and provide all the information required, including the Unique ID provided to you on the Notice you were sent by email or mail (if you received a Notice). Only one Claim Form per Settlement Class Member could have been submitted.

    If you have lost your Notice, or did not receive notice and believe you are part of the Settlement Class, please contact the Settlement Administrator at 1-888-490-0922 (Toll-Free).

     Back to Top

  9. When will I receive my payment?

    Payments to eligible Class Members who submitted valid claims and reductions in outstanding toll violation penalties will be made only after any appeals are resolved (see FAQ 18). If there are appeals, resolving them can take time. Please be patient.

     Back to Top

  10. How could I have gotten out of the Settlement?

    If you did not want benefits from the Settlement, and you wanted to keep any rights you might have to sue the settling Defendants about the issues in this case, then you must have taken steps to get out of the Settlement. This is called excluding yourself or “opting out” of the Settlement Class.

    To exclude yourself from the Settlement, you needed to send a letter or other written document by mail to:

    91 Express Lanes Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639

    Your request to be excluded from the Settlement must have been personally signed by you and must have contained a statement that indicated your desire to be excluded from the Settlement Class. A request to be excluded will not affect your eligibility to participate in any settlement regarding any toll roads other than the 91 Express Lanes.

    Your exclusion request must have been postmarked no later than November 8, 2021. You could not have asked to be excluded on the phone, by email, or on this website.

     Back to Top

  11. If I did not exclude myself, can I sue the Defendants for the same thing later?

    No. Unless you excluded yourself, you gave up any right you might have had to sue the Defendants for legal claims that the Settlement resolves.

    If you start your own lawsuit, you will have to hire your own lawyer, and you will have to prove your claims.

     Back to Top

  12. What did I give up if I remained in the Settlement Class?

    If you stayed in the Settlement Class and did not exclude yourself, you could not sue or be part of any other lawsuit or other proceeding against the Defendants about the issues settled in this case, except even if you didn’t exclude yourself you can still pursue informal or formal administrative procedures to contest a prior toll evasion violation that has not been resolved. If you stayed in the Settlement Class, all of the decisions and judgments by the Court related to the Settlement will bind you. If you submitted a Claim Form or did nothing at all, you will be releasing Defendants from all of the claims described and identified in Section 15 of the Settlement Agreement. Whether you excluded yourself or stayed in the Settlement Class, you cannot bring a new claim based on the fact that one or more of the Defendants provided your name and contact information to the Settlement Administrator so notice of the Settlement could be sent to you.

    The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the releases and describes the released claims, so read them carefully. You can talk to the law firms representing the Class listed in FAQ 14 for free, or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.

     Back to Top

  13. If I excluded myself, can I still get a payment?

    No. You will not get a payment from the Settlement Fund if you excluded yourself from the Settlement. If you owe toll violation penalties assigned to a debt collector, those penalties will not be reduced if you excluded yourself.

     Back to Top

  14. Do I have a lawyer in the case?

    The Court has appointed the following lawyers as “Class Counsel” to represent all members of the Settlement Class.

    Helen Zeldes
    Schonbrun Seplow Harris Hoffman & Zeldes, LLP
    501 W. Broadway
    Suite 800
    San Diego, CA 92101
    Blake J. Lindemann
    433 North Camden Drive
    4th Floor
    Beverly Hills, CA 90201
    Michael Flannery
    Cuneo Gilbert & LaDuca, LLP
    500 North Broadway
    Suite 1450
    St. Louis, MO 63102

    You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in court for you at your own expense.

     Back to Top

  15. How will the lawyers be paid?

    Class Counsel was awarded $250,000 for attorneys’ fees, plus $108,102.73 for reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. All fees and expenses awarded by the Court will be paid out of the cash Settlement Fund.

    The Court also awarded a Service Award of $5,000 for Plaintiff Daniel Golka, to be paid from the Settlement Fund, for his service as representative on behalf of the whole Settlement Class.

    The Order for attorneys’ fees, costs and Service Awards is posted here.

     Back to Top

  16. How could I have told the Court if I do not like the Settlements?

    If you are a Settlement Class Member (and did not exclude yourself from the Settlement Class), you could have objected to any part of the Settlement. You could have objected even if you also submitted a claim for benefits under the Settlement. To object, you must have filed a letter or other written document with the Court that included the following:

    1. A heading that includes the case name and case number: In re: Toll Roads Litigation, Case No. 8:16-cv-262-ODW (ADSx) (C.D. Cal.);
    2. Your name, address, telephone number, and if represented by counsel, the name, bar number, address, and telephone number of your counsel;
    3. A signed declaration stating, under penalty of perjury, that you are a member of the Settlement Class;
    4. A statement of all your objections to the Settlement you are objecting to, including your legal and factual basis for each objection; and
    5. A statement of whether you intended to appear at the Fairness Hearing, either with or without counsel, and if with counsel, the name, bar number, address, and telephone number of your counsel who was to attend.

    You must have filed your objection with the Court (using the Court’s electronic filing system or in any manner in which the Court accepts filings) and mailed your objection to each of the following eight (8) addresses, and your objection must have been postmarked by November 8, 2021:

    Clerk of the Court   Settlement Administrator
    Clerk of the Court
    United States District Courthouse
    Central District of California
    350 W. 1st Street
    Los Angeles, CA 90012
    91 Express Lanes Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639
    OCTA Counsel CUSA Co-Counsel CUSA Co-Counsel
    M. Lois Bobak
    Woodruff, Spradlin & Smart
    555 Anton Boulevard
    Suite 1200
    Costa Mesa, CA 92626-7670
    Ken E. Steelman
    General Counsel
    Cofiroute USA, LLC
    200 Spectrum Center Drive
    Suite 1650
    Irvine, CA 92618
    David F. Brown
    Corbett, Steelman & Specter
    27281 Las Ramblas
    Suite 200
    Mission Viejo, CA 92691- 8303
    Class Counsel
    Helen Zeldes
    Schonbrun Seplow Harris Hoffman &
    Zeldes, LLP
    501 W. Broadway
    Suite 800
    San Diego, CA 92101
    Blake J. Lindemann
    433 North Camden Drive
    4th Floor
    Beverly Hills, CA 90201
    Michael Flannery
    Cuneo Gilbert & LaDuca, LLP
    500 North Broadway
    Suite 1450
    St. Louis, MO 63102

     Back to Top

  17. What is the difference between objecting and asking to be excluded?

    Objecting is simply telling the Court that you want to be part of the Settlement Class but you do not like something about the Settlement. You can object to a Settlement only if you do not exclude yourself from it. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because you will not be part of the settling class.

     Back to Top

  18. When and where will the Court decide whether to approve the Settlement?

    A Fairness Hearing was held for both Settlements on January 4, 2022, at 10:00 a.m. PST to consider whether the Settlements are fair, reasonable, and adequate. At this hearing, the Special Master considered whether the Settlements are fair, reasonable, and adequate. The Special Master also considered the requests by Class Counsel for attorneys’ fees and expenses and for Service Awards to the Class Representatives. The Court in charge of this case granted final approval of the Settlement on February 11, 2022. Final Judgment was entered on February 14, 2022.

     Back to Top

  19. Did I have to attend the hearing?

    No. You were welcome to attend the hearing at your own expense.

     Back to Top

  20. Could I have spoken at the hearing?

    It was in the discretion of the Special Master whether to allow oral arguments at the Fairness Hearing. To speak at the Fairness Hearing, you needed to include a statement in your objection that you intended to appear at the Fairness Hearing (see FAQ 16) and wanted to speak. You could have spoken at the hearing if you excluded yourself from both Settlements.

     Back to Top

  21. What happens if I did nothing at all?

    If you are a member of the Settlement Class and did nothing, you will be bound by the judgment entered by the Court on the Settlement, including the release in the Settlement Agreement. This means you will not be able to start a lawsuit, continue with this lawsuit, or be part of any other lawsuit or proceeding against the Defendants about the claims settled and released in this case, except even if you did nothing you can still pursue informal or formal administrative procedures to contest a prior toll evasion violation that has not been resolved. If you are a member of the Settlement Class and owe toll violation penalties assigned to a debt collector for collection you will receive the reduction in your penalties (see FAQ 7) even if you did nothing in response to the notice.

     Back to Top

  22. How do I get more information?

    This website summarizes the Settlement. For more details, you may review a copy of the Long Form Notice, Settlement Agreement, and other documents associated with the Settlement on the Important Documents page of this website. You may also write with questions to the Settlement Administrator at 91 Express Lanes Settlement Administrator, P.O. Box 3639, Portland, OR 97208-3639, or call the toll-free number, 1-888-490-0922.

    PLEASE DO NOT CONTACT THE COURT OR OCTA FOR MORE INFORMATION REGARDING THE SETTLEMENT.

     Back to Top

  23. Where is my check?

    Checks are set to mail on May 6, 2022. Please note that some payments had address issues which we are working to correct and will disburse as soon as possible.

     Back to Top

  24. How was my award amount determined?

    Award payment amounts were calculated using the methodology specified by the applicable Settlement Agreement(s). As specified in Paragraph 12.01(c) of the OCTA Settlement Agreement, the maximum cash award payment for the OCTA Settlement is $15.00. Please note that accounts eligible for penalty forgiveness are not eligible to receive cash awards. You can find the Settlement Agreement by clicking here.

     Back to Top

  25. I received an email from EpiqPay. What is the email about and is the email legitimate?

    If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a warmup email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.

     Back to Top

  26. What is EpiqPay?

    EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.

     Back to Top

  27. How do I claim my EpiqPay payment?

    Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. If you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner rewards@tremendous.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partners is available on these notifications in case you experience any issues using you card.

     Back to Top

  28. When will I receive my digital payment? / Why have I not received my digital payment?

    Emails regarding digital payments for this matter commence(d) on May 6, 2022, and digital payments will be available to claim through July 5, 2022. During that window, Epiq digital payment emails were or will be sent from noreply@Epiqpay.com, so please review your inbox for messages from that email address. Due to variability in individual recipient email account SPAM and junk security settings, users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations. If you continue to have questions or need further assistance, please click here.

     Back to Top

  29. After choosing my preferred payment options, will I receive my payment instantly / immediately?

    No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.

     Back to Top

  30. What happens if I don’t claim my payment by the payment expiry date listed in my EpiqPay emails?

    If you do not claim your digital payment by the expiry date, then you will have to request your payment be reissued as a check. You can send your reissue request by mail to:

    Toll Roads Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639

    Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take up to six weeks to process, so please be patient while we process your request.

     Back to Top

  31. I don’t like the payment options available to me through EpiqPay, can I select something else?

    The digital payment options presented to you when you click ‘Claim Payment’ in your EpiqPay email are the only options available to you under this settlement. If none of the options presented to you on the selection screen are of interest to you, you will need to send a reissue request by mail to:

    Toll Roads Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639

    Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take up to six weeks to process, so please be patient while we process your request.

     Back to Top

  32. Can I change my payment election?

    Some EpiqPay payments options require only that you click ‘Redeem’ to process your payment. Once you have clicked ‘Redeem’, you cannot change your election, and any further communications about the selected option will be sent to the same email address to which the EpiqPay payment was sent.

     Back to Top

  33. I do not have internet access or the email account the EpiqPay payment was sent to is inactive or no longer in use, so what can I do?

    We can offer to reissue your payment via physical check and mail your check to the address on file. You can send you reissue request by mail to:

    Toll Roads Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639

    Please include your name, old and new email addresses, and your current mailing address information. Payment conversion reissue requests take up to six weeks to process, so please be patient while we process your request.

     Back to Top

  34. Should I be concerned I submitted multiple claims but only received one check?

    As detailed in the Settlement Agreements, each Cash Distribution Class Member will be entitled to receive one Cash Award, regardless of the number of times your PII was provided to another person or entity. Multiple claims will not result in multiple payments.

     Back to Top

  35. Why haven’t I received my digital payment (ACH/PayPal/Amazon/Target/MasterCard/Starbucks) yet?

    Digital payments may take some time to process once you receive the confirmation email stating that your payment is complete. Please allow a few business days after receiving the confirmation email for funds to become available in your account.

     Back to Top

  36. I input the wrong information when trying to claim my PayPal payment. How can I resolve this?

    We are unable to directly assist you in changing your PayPal payment details. Please contact our payment partner Tremendous for assistance, at help@tremendous.com.

     Back to Top

  37. I accidentally unsubscribed from the EpiqPay email, can you resend me the link?

    If you unsubscribe from any of the payment emails you receive on this matter, you will no longer be able to claim your payment digitally. If you unsubscribed from receiving digital payment notifications from EpiqPay, but would like to receive a paper check reissue, please write to us at:

    Toll Roads Settlement Administrator
    P.O. Box 3639
    Portland, OR 97208-3639

     Back to Top