Class*
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PikePass at an entrance or exit
When the PikePass fails to read, the PikePass system generally
assumes the customer made the longest and costliest trip from the
entrance or exit that was read. This occurrence is called a "forced
match."
Since 1991, PikePass has overcharged hundreds of thousands of
customers to the tune of millions of dollars. PikePass did not
disclose its forced match practices to its customers until after this
lawsuit was filed.
Effective September 2005 Defendants modified their License and
Use Agreement to clearly disclose force matches (also known as
system matches). In doing so, Defendants put its customers to the
choice of either accepting the maximum charge policy or turning in
their PikePasses.
A class was certified by the District Court Judge in an April 30,
2003 Class Certification Order, and that certification order was
upheld in a March 26, 2004 Appellate Order by the Oklahoma
Court of Appeals. Defendants did not further pursue the appeal.
At a mediation on September 1, 2005, the parties reached a
tentative settlement. The settlement provides for a benefit to the
class of more than $12.3 million dollars. The Court tentatively
approved the settlement, and a hearing on its fairness was set for
December 9, 2005.
In a December 9, 2005 order, the settlement was approved by the
Court, and an $11 credit per account pursuant to the settlement
was electronically deposited into each customers' open PikePass
accounts in January 2006. Class members without active
accounts can open them before Dec. 31, 2007 to receive the
credits.
Notice of a second settlement phase was given to all class
members in January 2006. The deadline for comment on or
objections to the second phase of the settlement was February 14,
2006. A hearing regarding the fairness of the second settlement
phase was set for March 3, 2006.
| * This web site is operated by the Plaintiff in a lawsuit against PikePass. PikePass does not sponsor, review, nor approve the content of this web site. |