This E-Z Pass fee is taking an unneccessary toll on drivers.

A Brooklyn man claims the $6 annual surcharge E-Z Pass adds to monthly paper statements is against New York law.

Forcing customers to pay for wanting to get their bills in the mail while providing digital options for free is unfair to those without internet, the state Legislature decided in 2011, according to Michael Rosenberg’s Nov. 12 class-action lawsuit filed in Manhattan.

Rosenberg, who is suing the MTA and the Port Authority, claims thousands of E-Z Pass customers still get mailed statements — and are getting gouged for the privilege.

The MTA and the Port Authority offer emailed statements, along with a bimonthly paper option, for free. The MTA declined to say how many customers get monthly statements in the mail and pay the fee.

“This practice has been in place since 2001 for customers who want monthly paper statements to cover the cost of postage and processing,” spokeswoman Abbey Collins said.

“As a rule we don’t comment on pending litigation.”

The Port Authority also declined comment.

A state source claimed the 2011 law which bars charging customers for paper statements doesn’t apply to the government.

“No person, partnership, corporation, association or other business entity shall charge a consumer an additional rate or fee … when the consumer chooses to pay by United States mail or receive a paper billing statement,” the law reads.

Rosenberg wants unspecified damages, restitution for himself and other customers, and a court order barring the annual fee.