Pincus v. American Traffic Solutions, Inc.Annotate this Case
The Supreme Court held that Plaintiff's unjust enrichment claim failed because he received adequate consideration in exchange for the challenged fee when he took advantage of the privilege of using his credit card to pay the penalty.
Plaintiff filed a putative class action arguing that a convenience fee that Plaintiff paid in connection with a penalty he paid with his credit card to the City of North Miami Beach. Plaintiff argued that the convenience fee was statutorily prohibited and that American Traffic Solutions, Inc. (ATS), with whom the City had contracted to issue and mail citations and process violators' payments of the civil penalties imposed, was unjustly enriched by retaining the fee. The trial court dismissed the complaint for failure to state a claim. The court of appeals certified a question to the Supreme Court, which answered that Plaintiff's unjust enrichment claim failed because he had not alleged a benefit conferred and accepted which would be unjust for ATS to retain.