Monique Outzen, Robert Ardaiolo and Melissa Barker v Kapsh Trafficcom USA, Inc.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
Case No. 1:20-cv-01286-TWP-MJD
NOTICE OF CLASS ACTION SETTLEMENT
Monique Outzen, Robert Ardaiolo, and Melissa Barker (“Named Plaintiffs”) sued Kapsch TrafficCom USA, Inc. (“Kapsch”) and Gila, LLC (“Gila”) (collectively, “Defendants”), asserting statutory and common law claims in connection with the assessment of penalties and fees arising out of unpaid tolls for use of the Riverlink Toll Bridges that connect Southern Indiana to Louisville, Kentucky.
Kapsch denies all of these claims and contends that it acted lawfully and that it did not violate any applicable laws. The Court has not yet issued a final judgment in favor of either side. Nevertheless, Plaintiffs and Kapsch have reached a settlement that affects your legal rights.
A settlement has been proposed that includes a cash Settlement Fund that will resolve claims against Kapsch of all persons who paid any/all fee(s) and/or penalty(ies) and who were charged for those persons’ failure to pay a Riverlink 1st Toll Notice that was not printed and mailed by Defendants. All such people have been grouped into the Missing Invoice Settlement Subclass by the Court and you are receiving notice because you have been identified as a potential member of that Subclass.
Your legal rights will be affected by the Settlement of this lawsuit. Please read the Notice carefully. It explains the lawsuit, the Settlement, and your legal rights, including excluding yourself from the Settlement, or objecting to the Settlement.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
…IF YOU DO NOTHING
If the Court approves the Settlement and you are a member of the Settlement Subclass, you will participate in the Settlement described in the Notice.
…IF YOU EXCLUDE YOURSELF FROM THE SETTLEMENT
You can exclude yourself from the Settlement completely (“opt out”). You can opt out of the Settlement altogether by submitting an opt-out form and following the instructions in Question #9, in the full Notice. You must submit the opt-out by February 26, 2024. You will not receive the benefits of the Settlement. You will not have any right to object, but you also will not be bound by the terms of the Settlement. You may also have the right to sue Kapsch relating to the matters alleged in the Action defined in the Notice.