Frequently Asked Questions

  1. Why did I receive a notice?

    A Court authorized a notice because you have a right to know about two proposed Settlements 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 decides whether to give final approval to the Settlements. This website and the Notice explain the lawsuit, the Settlements, and your legal rights.

    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 “TCA Defendants” are BRiC-TPS, LLC (“BRiC”) and Foothill/Eastern Transportation Corridor Agency, San Joaquin Hills Corridor Transportation Agency, Michael Kraman, Craig Young, Scott Schoeffel, Ross Chun, and Rhonda Reardon (collectively “TCA”). The “3M Defendant” is 3M Company (“3M”). Collectively, the TCA Defendants and 3M are the “Defendants.” The lawsuit alleges that the Defendants provided to third parties Personally Identifiable Information (“PII”) in violation of Section 31490(a) of the California Streets and Highways Code. The lawsuit seeks statutory damages on behalf of the named Plaintiffs and a proposed class of all individuals in the United States that operated motor vehicles on certain Toll Roads 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 Constitution, violated the California CLRA and UCL statutes, and that they were negligent. There are other defendants, including the Orange County Transportation Authority and Cofiroute, who are not part of the Settlements.

    There are three separate settlements in this single lawsuit. 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. In addition, Plaintiffs settled with The Orange County Transportation Authority, Darrell Johnson and Lori Donchak (collectively “OCTA”) and Cofiroute USA, LLC (“CUSA”) regarding their allegations that in the course of operating the 91 Express Lanes, OCTA/CUSA in violation of Section 31490 of the California Streets and Highways Code provided PII to certain third parties. Details of the OCTA Settlement can be found here.

    As explained further on this website, from the Settlements with TCA and 3M, your options included the following:

    • Submit a valid Claim Form by November 8, 2021 and receive a cash payment.
    • Have certain outstanding penalties forgiven.
    • Object to one, both, or neither of the Settlements by November 8, 2021.
    • Request exclusion from one, both, or neither of the Settlements by November 8, 2021.
    • Do nothing.

    Defendants deny each and every allegation of wrongdoing, liability, and damages that was 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 some of the allegations but has not decided who is right on other allegations. The Plaintiffs’ Complaint, the Settlement Agreements, and other case-related documents, including copies of the Notices, are posted here. The Settlements resolve the claims against these Defendants in the lawsuit.

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

    In the context of the Settlements, 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.

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

    Plaintiffs allege that the toll roads upon which Plaintiffs and Class Members operated motor vehicles are toll roads routes 73, 133, 241 and 261. Click here to see a map of the included Toll Roads. If you received a Notice, you are likely included in the TCA Settlement and may also be included the 3M Settlement because the Defendants’ records have identified you as a person whose PII may have been shared.

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  4. Why is this a class action?

    In a class action, one or more people called “Class Representatives” 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.” Here, Plaintiffs Penny Davidi Borsuk, David Coulter, Todd Carpenter, Ebrahim Mahda, Lori Myers, Dan Golka and Todd Quarles are the Class Representatives for the TCA Settlement. For the 3M Settlement, the Class Representatives are the same people except for Todd Quarles and Ebrahim Mahda.

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  5. Why are there settlements?

    The Court has not decided wholly in favor of the Plaintiffs or Defendants. Instead, Plaintiffs and Defendants have agreed to the Settlements. By agreeing to the Settlements, the Parties avoid the costs and uncertainty of a trial, and if the Settlements are approved by the Court, Settlement Class Members will receive the benefits described on this website. The proposed Settlements do not mean that any law was broken or that the Defendants did anything wrong. The Defendants deny all legal claims in this case. Plaintiffs and their lawyers think the proposed Settlements are best for everyone who is affected.

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  6. Who is included in the Settlements?

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

    TCA Settlement

    The Settlement includes all individuals whose PII was provided by BRiC, 3M, or TCA to any other individual or entity from April 13, 2015 to June 16, 2021, including:

    • Any person with a transponder account with a Toll Agency whose PII was sent by BRiC, TCA or 3M to another Toll Agency (interoperability transmissions);
    • Any person who used any of the TCA Toll Roads whose PII was sent by BRiC, TCA or 3M to a third party in connection with efforts to collect tolls or penalties (collection transmissions); and
    • Any person whose PII was sent by BRiC, TCA or 3M to a third party for any reason other than those listed above (other transmissions).

    Excluded from the Settlement Class are: (1) employees of TCA Defendants, including their current and former directors, officers and counsel; (2) any entity that has a controlling interest in TCA Defendants; (3) TCA Defendants’ affiliates and subsidiaries; and (4) the judge to whom this case is or was assigned, and any member of the judge’s staff.

    3M Settlement

    The Settlement includes all individuals whose PII was provided by 3M or TCA to any other individual or entity from April 13, 2015 to June 30, 2015, including:

    • Any person with a transponder account with a Toll Agency whose PII was sent by 3M or TCA to another Toll Agency (interoperability transmissions);
    • Any person who used any of the TCA Toll Roads whose PII was sent by 3M or TCA to a third party in connection with efforts to collect tolls or penalties (collection transmissions); and
    • Any person whose PII was sent by 3M or TCA to a third party for any reason other than those listed above (other transmissions).

    Excluded from the Settlement Class are: (1) employees of 3M Defendants, including their current and former directors, officers and counsel, immediate family, and any member of the judge’s staff; (2) any entity that has a controlling interest in 3M Defendants; (3) 3M Defendants’ affiliates and subsidiaries; and (4) the judge to whom this case is or was assigned, and any member of the judge’s staff.


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  7. What do the Settlements provide?

    The benefits provided by each Settlement are as follows:

    TCA Settlement

    TCA will pay $29 million to create a non-reversionary “Settlement Fund.” The TCA Settlement Fund will be used to pay all Settlement costs, including Notice and Administration costs, the Attorneys’ Fees Award, and Service Awards to the Class Representatives. The remainder (the “Net Settlement Funds”) will be distributed as cash payments to TCA Settlement Class Members who submitted valid claims and who are not eligible for penalty forgiveness. The cash payments will be distributed on a pro rata basis to valid claimants depending on the number of valid claims submitted. Claimants who submitted either (a) the unique identifier they received in a direct notice or (b) identifying information that allows the Class Administrator to confirm their membership in the TCA Settlement Class will receive a full pro rata share of the cash payments. A claimant who attested to class membership but whose identifying information does not allow the Class Administrator to either confirm or reject membership in the TCA Settlement Class will receive half a pro rata share of the cash payments.

    The TCA Settlement also provides:

    • $135 million in Toll Road penalty forgiveness;
    • A one-time reset of all Class Members’ opt-in status for advertising and requiring consumers to opt-in again if they want to receive advertising, and substantive programmatic changes to the TCA’s practices going forward, including increased disclosures in their privacy policy about where consumers’ PII is sent, limiting the PII that is sent to rental car companies to only that information that is in a Notice of Violation, and limiting the information that is sent to the DMV or FTB for purposes of placing a registration hold or tax intercept; and
    • An increase in the grace period for all drivers to pay tolls from five to seven days.

    3M Settlement

    3M will pay $11.95 million to create a non-reversionary “Settlement Fund.” The 3M Settlement Fund will be used to pay all Settlement costs, including Notice and Administration costs, the Attorneys’ Fees Award, and Service Awards to the Class Representatives. The remainder (the “Net Settlement Funds”) will be distributed as cash payments to 3M Settlement Class Members who submitted valid claims. The cash payments will be distributed on a pro rata basis to valid claimants depending on the number of valid claims submitted. Claimants who submitted either (a) the unique identifier they received in a direct notice or (b) identifying information that allows the Class Administrator to confirm their membership in the 3M Settlement Class will receive a full pro rata share of the cash payments. A claimant who attested to class membership but whose identifying information does not allow the Class Administrator to either confirm or reject membership in the 3M Settlement Class will receive half a pro rata share of the cash payments.


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  8. How could I have submitted a claim?

    To receive a cash payment under one or both Settlements, 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:

    Toll Roads Class 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.

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  9. When will I receive my payment?

    Payments to valid Class Members will be made only after the Court grants “final approval” to the Settlements and after any appeals are resolved (see FAQ 18). If there are appeals, resolving them can take time. Please be patient.

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

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

    To exclude yourself from one or both Settlements, you needed to send a letter or other written document by mail to:

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

    Your request to be excluded must have been personally signed by you and must have contained a statement that indicates your desire to be excluded from either the TCA Settlement Class or the 3M Settlement Class or both the TCA and 3M Settlement Classes. Note that you could have requested exclusion from one Settlement Class and not the other.

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

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

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

    If you are part of the TCA Settlement (see FAQ 6), you must have excluded yourself from the TCA Settlement in order to try to maintain your own lawsuit against the TCA Defendants.

    If you are part of the 3M Settlement (see FAQ 6), you must have excluded yourself from the 3M Settlement in order to try to maintain your own lawsuit against the 3M Defendants.

    If you are part of both the TCA Settlement and the 3M Settlement (see FAQ 6), you could have chosen to stay in both Settlements, one Settlement but not the other, or neither Settlement.

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

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  12. What did I give up to stay in the Settlement Classes?

    Unless you excluded yourself from a Settlement, you cannot sue or be part of any other lawsuit against the Defendants that is covered by the Settlement, including but not limited to any lawsuit, arbitration or other proceeding about the issues in this case. Unless you excluded yourself, all of the decisions and judgments by the Court related to that 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 14 of the 3M Settlement Agreement and Section 15 of the TCA Settlement Agreement.

    The TCA and 3M Settlement Agreements are available here. The Settlement Agreements provide more detail regarding the releases and describe 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.

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

    No. You will not get a payment if you excluded yourself from both Settlements. If you requested exclusion from just one Settlement and not the other, you only will be able to get a payment from the Settlement you did not exclude yourself from, assuming you qualify for a payment.

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  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.

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  15. How will the lawyers be paid?

    Class Counsel intend to request up to 33.33% of the value of each Settlement for attorneys’ fees, plus reimbursement of reasonable, actual out-of-pocket expenses incurred in the litigation. The fees and expenses awarded by the Court will be paid out of the Settlement Funds. The Court will decide the amount of fees and expenses to award.

    Class Counsel also will request that Service Awards of up to $15,000 each for the TCA Class Representatives and up to $3,000 each for the 3M Class Representatives be paid from the respective Settlement Funds to the Class Representatives for their service as representatives on behalf of the whole Settlement Class.

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  16. How do I tell 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 had the option to object to any part of the Settlement(s) you belong to. You had the option to object even if you also filed a claim for benefits under one or both Settlements. To object, you needed to file 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(s) you are objecting to, including your legal and factual basis for each objection; and
    5. A statement of whether you intend 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 will 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 needed to be postmarked by November 8, 2021:

    Clerk of the Court   Class Administrator
    Clerk of the Court
    United States District Courthouse
    Central District of California
    350 W. 1st Street
    Los Angeles, CA 90012
    Toll Roads Class Administrator
    P.O. Box 3639
    Portland, OR 97208-3639
    BRiC Counsel 3M Counsel TCA Counsel
    Stephen J. Erigero
    Ropers Majeski Kohn & Bentley PC
    445 South Figueroa Street
    Suite 3000
    Los Angeles, CA 90071
    Aaron D. Van Oort
    Faegre Drinker Biddle & Reath LLP
    2200 Wells Fargo Center
    90 South Seventh Street
    Minneapolis, MN 55402
    Hyongsoon Kim
    Akin Gump Strauss Hauer & Feld LLP
    4 Park Plaza
    Suite 1900
    Irvine, CA 92614
    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

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

    Objecting is simply telling the Court that you do not like something about a Settlement. Excluding yourself is telling the Court that you do not want to be part of a Settlement. You could have objected to a Settlement only if you did not exclude yourself from it. If you excluded yourself, you had no basis to object to a Settlement because you would not be part of the settling class.

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

    The Special Master has scheduled a Fairness Hearing for both Settlements on January 4, 2022 at 10:00 a.m. PT, via Zoom. You may request the Zoom link and telephone number for the hearing by calling 1-888-490-0922 or by registering here. At this hearing, the Special Master will consider whether the Settlements are fair, reasonable, and adequate. The Special Master will also consider the requests by Class Counsel for attorneys’ fees and expenses and for Service Awards to the Class Representatives. If there are objections, the Special Master will consider them at that time. After the hearing, the Special Master will decide whether to recommend approval of the Settlement to the Court. The Special Master’s report and recommendation will be filed with the Court and posted to this website. Judge Wright will decide whether to accept it or not and enter an order accordingly. It is unknown how long these decisions will take.

    The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website for updates.

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  19. Do I have to attend the hearing?

    No. Class Counsel will answer any questions the Special Master may have, but you are welcome to attend the hearing. If you filed an objection, you do not have to come to court to talk about it. As long as you filed your written objection on time, and mailed it to the proper addresses, and it complies with the other requirements set forth in FAQ 16, the Special Master will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

    Please register here to receive details to remotely access the Fairness Hearing.

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  20. May I speak at the hearing?

    It is 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 cannot speak at the hearing if you excluded yourself from both Settlements.

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  21. What happens if I did nothing at all?

    If you are a member of a Settlement Class and did nothing, you will be bound by the judgment entered by the Court on that Settlement. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit or proceeding against the Defendants about the statements and claims at issue in this case. If you are a member of the TCA Settlement Class and did nothing, you may still receive non-cash benefits and penalty forgiveness from the TCA Settlement if you have outstanding penalties during the Settlement Class Period, as stated in FAQ 7. If you are a member of the 3M Settlement Class and did nothing, you will receive no benefits from the 3M Settlement.

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  22. How do I get more information?

    This website summarizes the proposed Settlements. For more details, you may review copies of the Long Form Notices, Settlement Agreements, and other documents associated with the Settlements on the Important Documents page of this website. You may also write with questions to the Class Administrator at Toll Roads Class Administrator, P.O. Box 3639, Portland, OR 97208-3639, or call the toll-free number, 1-888-490-0922.

    To register for notifications regarding the Settlements, click here.

    PLEASE DO NOT CONTACT THE COURT, BRiC, 3M, OR TCA FOR MORE INFORMATION REGARDING THE SETTLEMENTS.

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