ORLANDO, Fla. — U.S. Sen. Bill Nelson on Monday called on the Federal Trade Commission to launch a probe after millions of SunPass customers went weeks without being billed.
Those toll payments are now hitting some customers hard.
Nelson is in a heated race against Florida Gov. Rick Scott to keep his Senate seat.
In a letter to the FTC, Nelson concedes that it is a state issue, but he insisted the state has been too slow to act for the millions of Floridians who are caught up in this mess.
Nelson showed no mercy in the letter, saying there has been a pattern of mismanagement that he finds "deeply troubling."
"They need to lower the hammer on Conduent," he said.
Nelson said he wants the federal government to get involved in the state contract.
"Why not leave it to the state of Florida?" 9 Investigates' Daralene Jones asked.
"Because the state of Florida hasn't done one thing," Nelson said. "As a matter of fact, they knew about Conduent, gave them a contract, extended (it) and it continues."
New Jersey-based Conduent has a $300 million state contract to manage and maintain SunPass.
9 Investigates exposed similar issues with the company's technology in other states, long before and after Florida awarded the contract.
The company ran into trouble in Florida when it shut down SunPass last month, creating a system backlog.
There are 170 million toll transactions still being processed.
The Florida Department of Transportation said it is withholding payments to the company, but the agency has refused to disclose the amount.
"I just want to know what kind of authority it might have in holding this company accountable," Jones said.
"They look to see if it harms customers," Nelson said.
The FTC must first determine Conduent committed an unfair practice.
If toll drivers were harmed, the FTC must decide whether drivers could have avoided the harm by taking an alternate route, for example.
But it could be moot if it is determined that SunPass upgrades outweigh the harm caused to drivers.
"What are the potential consequences?" Jones said.
"(The FTC has) the ability under the federal law to fine them, order them to stop," Nelson said.
The FTC has never fined a company over an issue related to toll transactions.
An FTC spokesman told 9 Investigates on Monday that it is unlikely the agency will comment on whether it will pursue an investigation.
Cox Media Group
