City if Chicago Red Light Camera Class Action Settlement
You may be a class member if you received a citation resulting from a red light violation in the city of Chicago for infractions that took place between March 23, 2010 and May 17, 2015
If you paid a fine and/or late payment penalty you are eligible to receive a refund up to 50% of the amount you paid. Whether you will receive that amount depends on the number and type of claims class members submit to the City and the amount of attorneys’ fees and costs the court approves from the settlement fund. Attorneys’ fees and costs will be subtracted from the settlement fund as will amounts claimed for certain late payment penalty refunds and amounts refunded as a result of successful administrative hearings. After these amounts are deducted, the remainder of the settlement fund will be used for refunds. Each violation entitled to a refund will receive a pro rata share of the remaining settlement fund based upon the total number of violations submitted for refunds. If the total number of violations for which refunds are sought exceeds the amount available for refunds, then each individual violation will receive a pro rata portion of the available amount up to 50%. 50% of the amount paid is the maximum refund that could be available.
If you have not made a payment on an eligible violation, the outstanding indebtedness for that violation is eligible for a reduction of up to 50% per violation. The total amount of debt available for debt forgiveness is $12,000,000. If the number of claims for debt forgiveness exceeds $12,000,000, then the amount of debt forgiveness for each violation will be reduced in a pro rata amount so that the total debt forgiven for all violations does not exceed $12,000,000. In no event shall any violation receive more than a 50% debt forgiveness.
If you make payment on outstanding indebtedness for a violation, you will be eligible to participate in the debt forgiveness program to also receive forgiveness for late payment penalties associated with that debt.
If you requested a hearing for any violation under the City of Chicago Automated Enforcement Violation Review and Refund Ordinance of 2016 for any violation, you have the right to continue with the hearing you previously requested. You may also waive the hearing and receive your share of the settlement for either paid or unpaid amounts on that violation.
If you proceed with your hearing on a violation and prevail, you will receive either a full refund of amounts you previously paid or your debt for that violation will be forgiven in its entirety.
If you proceed with the hearing and are not successful, the prior liability will be confirmed and you will be entitled to no refund of previously paid amounts. If the violation is unpaid, your liability for the amount is confirmed, but you may be eligible to participate in the City’s debt forgiveness program if you pay the amount of the outstanding fine.
Proof of Purchase
McKenzie-Lopez, et al. v. City of ChicagoCase No. 15 CH 4802
Circuit Court of Cook County, Illinois
Willis, et al. v. City of ChicagoCase No. 16 CH 14304
Circuit Court of Cook County, Illinois
There are two separate lawsuits pending in the Circuit Court of Cook County. The first lawsuit, McKenzie-Lopez, et. al v. City of Chicago, Case No. 15 CH 4802, is a class action lawsuit brought by two motor vehicle owners who received various notices of red light camera and automated speed enforcement violations. They did not pay either the fine or request a hearing before the due date stated on the violation notices. Because they did not respond by the stated due date, the City issued Determinations of Liability for the violation and ordered them to pay the assessed fine and, if they failed to pay the fine by the stated due date, they were charged a late payment penalty of $100.00. The lawsuit alleges that the City of Chicago failed to follow the legal requirements for issuing the determinations of liability. Specifically, the Lawsuit alleges that the City failed to issue these motor vehicle owners, and all similarly situated motor vehicle owners, a second notice of violation before issuing the determinations of liability and by accelerating the time in which the motor vehicle owners had to respond. The Lawsuit also alleges that for certain violations the City improperly accelerated the time for imposing late payment penalties from 25 days to 21 days.
The second lawsuit Willis, et. al v. City of Chicago, Case No. 16 CH 14304, -has been brought by three motor vehicle owners to challenge the legality of the City of Chicago Automated Enforcement Violation Review and Refund Ordinance of 2016. The Review Ordinance authorized the City to provide motor vehicle owners who received determinations of liability for red light and automated speed enforcement violations received between March 23, 2010 and May 17, 2015 an additional opportunity to contest those violations by mail or in person. The Lawsuit alleges that the Ordinance is unlawful and unenforceable for a variety of reasons.
Myron M. Cherry
Jacie C. Zolna
Myron M. Cherry & Associates, LLC
30 North LaSalle Street, Suite 2300
Chicago, Illinois 60602
(312) 372-2100 (telephone)