NEW YORK (Legal Newsline) — Individuals have filed a class-action lawsuit against Lyft Inc., a transportation company, citing alleged fraud and unjust enrichment.
Josh Applebaum filed a complaint on behalf of himself and all other persons similarly situated on Sept. 9, in the U.S. District Court for the Southern District of New York against Lyft Inc. alleging that the transportation company breached the duty of good faith and fair dealing.
According to the complaint, the plaintiffs allege that, on May 30, named plaintiff Josh Applebaum availed himself of the transportation services of defendant from New York City to New Jersey. However, he was charged the full cash toll price of $15 for the Holland Tunnel toll instead of the E-Z Pass discounted rate of $12.50, which he only discovered upon receipt of the emailed invoice for the trip at a later time, which caused the plaintiff damages, including lost money and forced retention of counsel.
Further, the alleged unlawful practice was estimated to earn an extra $81,180 daily for the defendant, computed at around $2.46 per toll discount from 11,000 Lyft drivers at approximately three tolls per driver daily.
The plaintiffs hold Lyft Inc. responsible because the defendant allegedly caused plaintiffs to pay for overcharged toll fees and failed to inform plaintiffs that it would charge the full toll price.
The plaintiffs request a trial by jury and seek certify class action, appoint representative and counsel, reimbursement, disgorgement of profits, injunction restraining overcharging, interest, attorneys' fees, costs of suit, disbursements, special damages of approximately $60 million and further relief that the court deems just.
They are represented by Allyson L. Stein and Eli Fuchsberg of The Jacob D. Fuchsberg Law Firm LLP in New York and Kevin Caldwell as Of Counsel in Larchmont, New York.
U.S. District Court for the Southern District of New York Case number 1:16-cv-07062