Imagine getting a collections letter in the mail insisting you owe hundreds of dollars for a red light camera ticket you were never issued, from a locality you hadn’t even been to in more than 10 years. That’s what happened to Richard Howard, a driver from Concord, California, on July 12, 2010.
Misleading Statements
The letter not only stated that Mr. Howard had been issued a citation, but that his wages would be garnished by the Los Angeles County Superior Court if he didn’t make immediate payment. After receiving the letter, Mr. Howard discovered two things which actually acted in his favor. First, the court in Los Angeles County had refused the enforcement of citations issued based on photos from red light cameras, and second, the California DMV had no knowledge of the citation being issued against him.It was also discovered that similar collections letters were, apparently, sent by GC Services to more than 20,000 motorists. Mr. Howard and his attorney determined that because the collections agency had demanded payment from so many people who quite possibly owed nothing at all, a class action suit against GC Services was in order.
Class Action – Yay or Nay?
Mr. Howard’s class action suit was based on the argument that the collections letter contained fraudulent claims which allegedly led the class members to pay the collections agency monies which were not actually owed.The case was heard by an appellate panel of three judges in the California Court of Appeals. As the plaintiff was unable to obtain a deposition from Los Angeles County Court officials to confirm the Court’s policy regarding red light camera citations, the only evidence supporting the case was news reports of collection letters having been sent to thousands of drivers by GC Services. The panel determined that the plaintiff was not able to provide evidence substantial enough to support the case.It was further found that because Mr. Howard knew when he received the collections letter that he did not owe the money, he was not misled into making payment, so he and his attorney could not present themselves as spokespersons for motorists who might have fallen victim to the letters. Additionally, because phone calls were made and different letters sent to some people, those calls and letters would result in enough inconsistency to prohibit them from being grouped together into a class action suit.
Don’t Be A Victim
If you receive a letter from a collection agency for an unpaid red light camera citation, before you do anything, make sure you actually owe the money and that the Court of the ticketing jurisdiction enforces those tickets. Even if the citation was actually issued, don’t pay it until you call Ticket Snipers. Red light camera tickets can be successfully disputed if you know how to do it right. Get California’s traffic ticket experts in your corner and let them fight the ticket for you.