Bisnar Chase Files Lawsuit Against Predatory Towing Companies
By: A Staff Writer
Today, our law firm filed a class-action lawsuit against several Southern California towing companies who we believe are engaging in predatory towing practices. We filed the complaint on behalf of Alejandro Stephens of Los Angeles, whose car was towed when it was legally parked in the lot of a local Kentucky Fried Chicken restaurant. Here is the very disturbing and aggravating detail that spurred this lawsuit – the car was towed without the authorization of the restaurant owner or operator.
Unfortunately, this happens all the time in Los Angeles. Our complaint names several defendants including Nonstop Towing (the company involved in our client’s case), Melrose Towing, Pepe’s Towing, Heavy Metal Transport, Inc., MVP Tow Service, Midlands Towing, Mr. C’s Towing and Blackjack Towing. As Mr. Stephens found out in a very sudden and unpleasant way, these towing companies charge exorbitant and very high drop fees and release fees. In our opinion, it’s nothing short of extortion. These companies also tend to demand payment in cash and refuse to accept credit cards although the money they demand may run into hundreds of dollars.
That’s exactly what happened to Mr. Stephens. He was coerced into paying up $278 -- much more than what genuine towing companies charge. This is definitely not an isolated or rare incident in Southern California. We believe there are many more like Mr. Stephens who have been traumatized and victimized by these towing companies.
It puts people in a horrible position. What would you do if your car’s towed? Who has the time to take the towing company to small claims court to fight $45 to $200 in extortion? It is a despicable way these companies choose to illegally and immorally take advantage of people’s desperation and their need to get their vehicle back.
Such appalling disregard for the community can be corrected only when one of the victims turns around and decides that he’s not going to take it any more. And that’s exactly what Mr. Stephens decided to do. This lawsuit is not about money although we are absolutely going to seek restitution and ask for punitive damages, to penalize the companies and deter them from indulging in such extortion in the future. But this is a lawsuit to right a wrong that is prevalent in society.
This is a classic case of when an individual citizen acts as a “private attorney general,” says James Lloyd of Bisnar Chase, who is the lead attorney on the case.
“The State Attorney General usually initiates action against entities who have been involved in illegal activities,” he says. “But they just don’t have the time to go after these cases that may seem of little consequence, but are still important to many people. Clearly these towing companies are doing something illegal and very wrong and must be brought to justice.”
John Bisnar, the founding partner of Bisnar Chase, says these types of illegal practices can be stopped only when people join together in a class action lawsuit.
“Someone has to step up and take these guys on for the protection of us all,” he says.
This lawsuit, the first such action to be filed against towing companies in California, will only go after those companies that engage in predatory, illegal and deceptive towing practices. Nonstop Towing has already been charged by the Los Angeles City Attorney with at least 73 misdemeanor counts in connection with its predatory towing practices. Criminal prosecution is great, but does it really amount to anything more than a slap on the wrist? A class action lawsuit is the only way to prevent and remedy these unfair practices.
If you have information that may help this investigation or if you believe you have been treated unfairly by a towing company, please call us toll-free at 1-800-956-0123. Your information and cooperation will help us fight for justice and right this wrong.
Comments
are you sure it was towed illegally? most "victims" will cry about the illegality of a tow even when it is a good tow. How would you like to come home to find a car in your driveway and not be able to do anything about it? As for the fees of a tow, about 99% of them are dictated by the tow fees of the city's police department and are upheld by the tow company. don't be such ambulance chasers.
Posted by: mark granger | September 24, 2007 12:46 PM
Yes, Mark it was towed illegally. California has a number of laws dictating when a car can be towed. This was a clear violation.
One of the problems with the towing companies we are suing is it appears that they are grossly over-charging for the tows and towing legally parked cars.
I certainly share your feelings about "finding a car in your driveway". Anyone should be able to have an unknown vehicle towed from their private driveway. California law makes provisions for such circumstances.
My best guess is that when we get close to nailing the towing companies that are grossly violating the laws, they will just disappear and restart under a new name someplace else. My client and I are very well aware that it is not likely that we will ever recover any money from the illegal towers. Putting them on the run and warning other towing companies not to engage in such practices may be all we get.
However, my client and I are sick of the predatory towers preying on innocent people and ripping them off. We have former tow truck drivers telling us stories about how it all works from the inside. So I am pretty sure we will either catch the bad towers or they will disappear.
Like in any profession, yours and mine, their are bad apples. We are after the bad ones, which will actually help the good ones. Before this case is over we may actually be assisted by some of the legitimate tow companies who have been put into a competitive disadvantage by the bad ones.
Posted by: John Bisnar | September 29, 2007 12:54 PM