Suffolk is sending mailers about red light camera refunds, but not everyone is receiving them

Shirley resident Millie Arrastia had no idea about Suffolk County’s recent class-action settlement over red light camera fees, or that she was eligible for a payout.

The 55-year-old nail technician’s notification mailer went to an apartment complex in Middle Island where she lived four years ago.

It was only after obtaining her misaddressed mailer with help from a Newsday reporter that Arrastia filed a claim and learned she was eligible to receive up to $360.

She plans to put the money toward "food in the home, or I’ll put it toward some bills," said Arrastia, who lives with her 11-year-old daughter. "Christmas is coming up, too."

Two weeks after mailers were sent and a website was launched, some drivers say they have been able to successfully register for reimbursement under Suffolk County’s class-action settlement for illegally collected administrative fees, which the county attached to red light camera tickets between 2013 and 2023.

But some, like Arrastia, have encountered difficulties. Some are renters who have changed addresses, while others have encountered problems with the settlement website — though it is difficult to determine how widespread the issues are.

Lawyers representing the plaintiffs said the claims process is progressing well.

"We are pleased with the way things are going so far, and we encourage all class members to put in claims," attorney Brett Cebulash said.

Kroll, the company responsible for administering the claims process after Suffolk County reached the class action settlement in late July, did not respond to Newsday’s requests for comment or to provide an update. Neither did Suffolk County Executive Edward P. Romaine's Office.

December deadline

Cebulash and his colleague David Raimondo said Kroll told them that about 65,000 claimants — out of over 1.1 million potential class members — had filed claims as of last week. They said they expect the number to rise until the deadline for filing a claim, on Dec. 8.

A 2019 Federal Trade Commission study of class-action settlements nationwide found when claimants have to opt in, as in this case, only around 9% of them typically do so. Reasons for the low rate include delivery and claim-submission issues, but also distrust or lack of interest on the part of class members who stand to benefit.

The settlement agreement awaits final court approval in December. If approved, Suffolk has agreed to pay drivers up to $36 per ticket — $30 for the fee charged, plus $6 interest. But its total liability is capped at $45 million, and it may have to pay less if few drivers file claims.

In total, the county collected about $91 million in illegal fees between 2013 and 2023, according to public records requests made by Newsday.

The plaintiffs’ lawyers will receive $12.5 million under the deal.

Anthony Piccirillo (R-Holtsville), the county legislature's presiding officer, said he hasn’t heard about any serious problems from constituents.

"I think there's been a great rollout," he said. "I’m just very happy that this worked out for the taxpayers and that they're able to get refunds ... even though the [Suffolk] GOP protested for many, many years about it."

Mike Perino, 69, a former Bay Shore resident who paid the fees and now lives in Florida, said he received his notice through the mail, despite his change of address.

But Robert Pickwick, a former Suffolk County resident who now lives in South Carolina, said his mailer went to an old address. Thankfully, friends forwarded it on to him.

Error messages

Frank Farello, of West Babylon, told Newsday he had trouble registering his claim on the settlement website. After receiving error messages three times over the course of a week and sending messages requesting help that went unanswered online, he was finally was able to register by phone, he said.

Raimondo and Cebulash said Kroll located drivers based on a nationwide database of address changes. If notices were returned through the mail, the company would make another attempt to locate the driver.

Raimondo said the company is also advertising on social media, and would mail a follow-up reminder to potential claimants in November.

The attorneys said Kroll has also added live operators to its hotline as of last week.

Rob Trotta, a former Suffolk County Republican legislator who pushed to end the red light camera program, said he has received calls and Facebook messages from former constituents who said they either hadn’t received a mailer or threw theirs out, not realizing it was important.

He also said he has a friend who owns 20 houses who has received numerous mailers for old tenants.

"He said he's got piles of them from people who moved out," Trotta said. "He throws them in the garbage."

Anyone who believes they are eligible for a refund but who did not receive a claim notification should follow instructions on the settlement website or call 833-447-6790.

Nassau County collected $100 in extra fees per ticket but stopped doing so after an appeals court ruled they were illegal in 2024. However, it is continuing to fight in court, arguing it should not have to repay drivers even if the fees were illegal.

By Peter Gill

peter.gill@newsday.com