The Florida Supreme Court has rejected a challenge to a company's credit-card fee for red-light camera tickets, News Service of Florida reported.
The court unanimously rejected claims by Steven Pincus that American Traffic Solutions Inc. was "unjustly enriched" by charging a $7.90 credit card fee on a $158 fine for a red-light violation in North Miami Beach, the story said.
In exchange for the credit card fee, Pincus received value in terms of convenience, the option of paying the fine over time and the risk of the payment being delayed, the court ruled.
“Accordingly, Pincus’s unjust enrichment claim fails because he has not alleged a benefit conferred and accepted which would be unjust for ATS (American Traffic Solutions) to retain,” the opinion said.
Pincus's attorney declined to comment, but Kevin McCoy, attorney for American Traffic, now named Verra Mobility, praised the ruling.
“We are pleased with the Florida Supreme Court’s opinion today," McCoy told the Florida Record. "The court affirmed what we knew all along – that electing to use a credit card for payment and receiving the benefits that come with doing so does not create unjust enrichment. We thank the court for taking the time to review the case.”
Pincus originally filed the suit in federal court, News Service of Florida reported.
A judge in South Florida ruled against him and he appealed to the 11th U.S. Circuit Court of Appeals in Atlanta, which last year asked the Florida Supreme Court to decide whether the fee violated state law, the story said.