No Refund For You! Voluntary Payment Defense Precludes Class Certification In Florida Red Light Camera Case

Florida's Fifth District Court of Appeal ("Fifth DCA") upheld a denial of certification in a putative class action seeking refunds of fines paid under a red light camera ordinance, ruling that the application of the voluntary payment defense precluded findings of commonality, typicality, predominance, and superiority. At issue was the City of Orlando's ("City") issuance of fines pursuant to an ordinance that allowed for the use of cameras to record vehicles failing to stop at red lights. The City issued almost 50,000 citations under the ordinance, with an overwhelming majority of those cited simply paying the fine and, only 378 individuals appealing.

In April 2010, the City sent the named plaintiff, Easter, a notice of infraction under the ordinance, which he appealed. The City upheld the infraction, and Easter ultimately paid the fine. Easter proceeded to file a class action against the City in which he sought, on behalf of himself and others, refunds of fines