Frequently Asked Questions


LAWSUIT INFORMATION FAQs


A-1. What is a Class Action?

In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims.  The people together are a “Class” or “Class Members.”  One Court resolves the issues for all Class Members, except those who exclude themselves (in this case, the only permitted exclusion is on the part of the case involving the claim for interest at the statutory rate which is the “interest claim” that the Court may award as calculated on the fine you previously paid).  The persons or companies who sued are “Plaintiffs.”  The party they sue is the “Defendant.” “Class Counsel” are the Plaintiffs’ lawyers representing the Class.

A-2. What is this lawsuit about?

The Court found that the City of Cleveland, Ohio assessed traffic fines against non-vehicle owners (including lessees and renters) whose vehicles were photographed by automatic enforcement cameras operating in the city limits between approximately December 1, 2005 and March 11, 2009 in violation of Cleveland Codified Ordinance (CCO) 413.031.

A-3. Who are the involved parties in this Class Action?

This class action lawsuit is Janine Lycan, et al. v. City of Cleveland, Civil Action No. CV 09 686044.  The Class Representatives are Janine Lycan, Thomas Pavlish, Jeanne Task, Lindsey Charna, Ken Fogle, John T. Murphy, and ITW Hobart.  The Class Representatives and Class Members are the Plaintiffs.  The Defendant is the City of Cleveland, Ohio.  Judge Joseph D. Russo of the Court of Common Pleas, Cuyahoga County, Ohio is overseeing this class action.

A-4. What is the Court’s role?

The Court has permitted this case to proceed as a class action against the City of Cleveland by granting class certification and has scheduled a final hearing on Plaintiffs’ Motion for an Order of Disgorgement to determine the amount of the traffic fines and damages wrongfully withheld, in addition to any interest that may be owed.  Additionally, the Court will determine the attorney fees for Class Counsel, the amount of litigation expenses to be reimbursed to Class Counsel, and the amount of enhancement awards for the Class Representatives for their role in this case.

A-5. How do I know if I am part of the Class?

You are part of the Class if: (1) you were not a “vehicle owner” under Cleveland Codified Ordinance 413.031 and (2) you were issued a Notice of Citation and/or assessed a fine under that Ordinance before March 11, 2009 by/or on behalf of the City of Cleveland.

A-6. Will I be notified that I am part of the Class?

The Claims Administrator mailed a Notice of Class Action Fairness Hearing (“Class Notice”) to each potential Class Member identified. 

A-7. I did not receive a Class Notice but believe I should be a part of the Class.  How can I confirm my eligibility?

You can contact the Claims Administrator toll-free at 1-833-804-1396.  You can also send a letter to the Claims Administrator at:

 

Lycan v. City of Cleveland Claims Administrator

P.O. Box 25717

Richmond, VA 23260


A-8. I moved recently.  How do I update my address?

You can update your address on the class action website, www.CityofClevelandTrafficCameraClassAction.com.  You can also call the Claims Administrator toll-free at 1-833-804-1396.

A-9. How do I know if I am excluded from the Class?

You are excluded from the Class if you: (1) filed a lawsuit involving any of the claims included in the Class; (2) are an immediate family member of Class Counsel, the Judge of the Court, or defendant’s counsel of record; or (3) made a timely election to be excluded from the Class solely for the “interest claim”.


A-10. What if I have a pending lawsuit against the City of Cleveland?

If you still have a pending lawsuit against the City of Cleveland over a traffic fine assessed for a non-owned (including leased or rented) vehicle that was photographed by an automatic enforcement camera operating in the city limits between approximately December 1, 2005 and March 11, 2009, you should speak to your lawyer in that case immediately.


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