LOUISVILLE, Ky. (WDRB) -- A lawsuit seeking class action status over RiverLink billing actions can continue after a federal judge refused to dismiss an Indiana woman’s allegations of negligence, fraud and other claims.
The Monday order by U.S. District Judge Tanya Walton Pratt in Indianapolis is a setback for the operators of the high-speed toll system on the Kentucky-Indiana border ultimately overseen by the two state governments.
RiverLink operator Kapsch TrafficCom USA Inc. and its Texas-based billing subcontractor, Gila LLC, had sought to dismiss the lawsuit filed in 2019, in part because Melissa Barker of Noblesville, Ind., received a refund after she was improperly billed -- and therefore wasn't harmed by the error.
Kapsch and Gila also argued that Barker didn't sufficiently detail her other claims, but Walton Pratt disagreed.
A Gila spokesman declined comment Wednesday. A Kaspch spokesman did not immediately respond to a request for comment.
Barker claimed that on four occasions in 2017 she did not get an initial, penalty-free invoice for using the RiverLink bridges across the Ohio River, but instead received a second invoice with a $5 late fee first.
Toll officials previously acknowledged glitches that led to similar billing problems in 2017.
The lawsuit claims the billing practice is "widespread" and alleges that the firms "inappropriately charged motorists penalties as part of a scheme with the intent to defraud and mislead."
In January, Barker's attorneys asked for the lawsuit to be certified as a class action, opening it up to all drivers who have been assessed administrative or other RiverLink fees and penalties, as well as those who didn't get a first notice.
Walton Pratt has yet to rule on the request.
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