PHILADELPHIA - The City of Philadelphia faces a class action lawsuit that says its fines assessed to companies that deliver handbills to homeowners is excessive.
Tri-State Delivery, Inc. filed a lawsuit May 16 in Philadelphia federal court against the City over alleged violations of Philadelphia Code Section 10-723.2.
The suit claims that the city's Department of Licenses & Inspections (L&I) is unlawfully demanding $300 for each violation, three times the maximum legal fine set by the governing legislative body. The violations relate to the distribution of handbills to homeowners who have notified L&I they do not wish to receive them.
The plaintiff alleges that L&I's policy is unlawful and unconstitutional, as it threatens to refuse renewal of distributors' legally mandated licenses if full payment is not made.
The suit seeks a class-wide order of injunctive and monetary relief to end this policy and refunds for amounts unlawfully collected from the plaintiff and others similarly affected.
Stephen DeNittis and Shane Prince of DeNittis Osefchen Prince represent the plaintiff.