Photo-enforced sign warning of red light camera in downtown Miami. Photo: J. Albert Diaz/ALM Photo-enforced sign warning of red light camera in downtown Miami. Photo: J. Albert Diaz/ALM

The Florida Supreme Court will hear arguments in October in a potential class-action lawsuit about fees that motorists can be charged by a company that plays a key role in local red-light camera programs.

The court issued an order Monday scheduling a hearing Oct. 5 in the lawsuit filed by Steven Pincus, who received a citation after a camera operated by American Traffic Solutions Inc., captured him running a red light in North Miami Beach in 2018.

Pincus contends that American Traffic Solutions collected an improper $7.90 fee when he used a credit card to pay a $158 traffic fine because of the citation. American Traffic Solutions had a contract with North Miami Beach that included operating cameras and processing payments.

The lawsuit contends that the additional fee is not allowed by state laws designed to lead to uniform traffic rules.

"Despite what ATS [American Traffic Solutions] contends, neither it nor the city are 'authorized' to charge, collect, or retain any fines, fees, surcharges, or costs other than those fixed by state law," Pincus' attorney, Bret Lusskin, wrote in a March brief at the Supreme Court. "In flouting this rule, ATS has parasitized Florida's photo-enforced red light paradigm, inflating almost every single civil penalty by 5% for its own profit, in addition to its contractual remuneration for operating the city's camera program."

But attorneys for the company said a violation notice advised Pincus that he would have to pay the "convenience fee" if he used a credit card. He could have avoided the fee if he paid by check or money order.