| MBTA annual pass holders last week served the transportation service and its operator Keolis Commuter Services LLC with a lawsuit, “on behalf of all monthly commuter rail pass holders” for the “countless cancellations [and] endless delays” of commuter rail service during this past winter, according to a release from Boston-based law firm Richardson & Cumbo LLP.
The class action suit alleges the MBTA breached its contract with commuters who purchased passes during January, February and March as the service was plagued by delays, cancellations and service shutdowns, and failed to provide riders with adequate service updates. The suit states that the service was “unjustly enriched by keeping the hundreds of dollars plaintiff and putative plaintiffs paid the defendants for commuter rail monthly passes for parts of January and March 2015 and all of February 2015, when defendants failed to provide timely and reliable commuter rail service.”
The suit seeks refunds and damages for January, February and March pass holders. It names commuter rail pass holder Raquel Rodriguez as the lead plaintiff, using her situation as an example of the harm the service caused to pass holders this winter. According to the suit, Rodriguez normally took the 8:40 a.m. train to work, which was not an option during the service’s reduced service throughout the winter, so she had to decide between taking the 7 a.m. train – which was too early for her to drop her kids off at school at 7:30 a.m. – or a 10:50 a.m. train – which did not get her to work on time and put her at risk of being fired.
The lawsuit was released the same day the MBTA offered a day of free service to any riders. All MBTA pass holders were given a 15 percent discount on May passes. The filing alleged that these measures “have no legal effect with respect to the plaintiff and the putative plaintiffs in this matter.”
According to the suit, “As the defendants operated the commuter rail at much less than a 85 percent service level for almost 10 weeks, a 15 percent discount for one month falls well short of a fair refund.”
Richardson & Cumbo is investigating the viability of a class action suit for monthly subway LinkPass holders for the months of January, February and March, according to a press release.
