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
My daughter had this happen to her last night from a towing company and a patrol company working in collusion. She has lived at this complex for a year and the patrol company called the tow truck and they charged her 250 dollars to get her car back. This is a violation of AB 2210 which states the owner has to authorize the towing. I have filed atty general complaints and am trying to get the news to cover it.
I will tell her to call you , as maybe you can help.
Posted by: The Digital Defender | July 3, 2008 10:51 PM
this iss good which hunting at its best yes there are many companies out there are thieves but there are alot more good ones the drop fees concerns are a joke it is $75.00 average in any city you park with no permit and your car is towed then pay it if you then get it at the yard and my understanding is that there is no law on checks only credit cards so to post names of companies after one complaint is unfair and shut be checked out first i would love you to ride with us. the word trolling is harsh and there is a difference when patrol for red curb or fire lane which is legal. im all for keeping people honest and look forward to your response yours truly concerned tow owner
Posted by: concerned tow owner | September 3, 2008 11:58 AM
These tow companies are like highway robbers. What a nightmare.
Posted by: Mike Johnson | September 28, 2008 12:04 PM
my car was towed this weekend proved by sheriff personal under this guy is wanted we'r taking his truck
parked on a private property in front of my garage (all started by child custody drama. I owe no child support due to i'm the custodial parent. Can some one help me and contact me asap need my truck back 714-588-8077 cell...carlos
Posted by: carlos | January 20, 2009 3:21 PM
I'm not sure about all tow companies, but I can tell you that Pepe's Towing, LLC, is rotten to the bone. I have a court date of 11-2-09, and I cannot wait. They are simply a filthy, rotten, dishonest company. I expect to collect 4 times the overpriced tow charge.
Posted by: Steven Hallsted | October 7, 2009 4:00 PM
My friend's car was taken from the parking lot of a store, which was closed. They have a sign stating, "no parking between 11pm-6am". We parked at 1052 and walked two stores over. We came back at 1105. Our car was gone. An empty tow truck was leaving the parking lot. We asked if our car was towed and were told it left two minutes ago. That can not be true, because we were outside the establishment for a about 10 minutes. We called 911 to report our car stolen and were told by dispatch it was just towed. We asked for the time stamp, which was 1107. The two ticket said it was towed at 11pm. Isn't there a time limit before they can tow from public parking? We called 911 at 1108 according to my iphone. We called another ride, then arrived at the tow company at 1138. We also called a friend that has owned a tow company in another town for 20+ years. We got advice/recommendations at were told which penal codes to state & how to word our statements to the tow comapny.
The company's dispatch that was working that night told us we had to pay a parking citation. I did not know towing companies can charge for 3rd party fees? I also seen this on the San Diego news (different networks) more than once in the last year.
The same company, Paxton Towing of Chula Vista, Ca, has been doing this type of scam since 2007. Back then the company was owned by the same guy that owned the spotter (some parking managmenet enforcement company. don't know the name off hand). This type of business is extremely unethical & needs to be stopped.
I was told that tow companies can not spot their own tows & must be called out. Is this true? Isn't there a time frame before a car can be towed? I thought it was one hour from public parking?
In this case, the spotter must have been watching us from the alley. Because our car was gone in less than 10 minutes. Two other cars were towed too. But two white trucks with now business advertisement were still parking there. I assumed they belong to the store which owned the parking lot, because they were the same make/model.
I am going to be returning with a video camera to catch them in the act. I also asked the establishment owner, which we went to go pick up a friend at, to record the parking lot for me during the weekend hours. Hopefully I get some good footage of these illegal tows.
We were allowed to park there until 11pm. It was 1105, when we walked upon the parking lot and noticed our car gone.
Posted by: JOsh | March 29, 2010 4:12 PM
Have you ever heard of “tow-sharking”? I didn’t know what that was until Friday night. Tow-sharking is when a shady tow company illegally tows cars without probable cause. Some of these jerks will make up reasons & claim that they have you on tape doing this & that (That’s what they tried to do to me before I told them off & said something that they couldn’t argue against.). The victims would then pay these guys $$$ to get their cars back & that’s how the tow sharks make their money. Most of the victims wouldn’t bother reporting them to the police & if they filed civil lawsuits, it would take months to prove their cases.
It’s a new con occurring around the country & some states (i.e., Colorado, where my friend Gail lives & told me that it was called, “tow-sharking”) have cracked down on these tow-sharks. By the way, these jerks tend to hit cities that have a high immigrant and/or senior citizen population.
What’s sad is that most tow companies are actually honest & reputable. However, these tow-sharks are making the towing industry look bad.
If you ever meet a tow-shark, notify the police ASAP! I did & that’s what saved my car from being illegally towed Friday night. Please pray that the police department of the city I was in (it starts with the letter G) can quickly crack down on these tow sharks and shut them down. Apparently, I wasn’t the first person who complained about this problem & with summertime coming (more people will be out & about), I probably won’t be the last for a while.
Peace & thanks, Christa (Monday, May 31, 2010)
Posted by: Christa | May 31, 2010 8:54 PM
HAHAHAHA!!!
Posted by: TOW SHARK | July 21, 2010 11:51 PM
My son's car was towed from our complex for not having a permit displayed. The problem is that his wallet and money hidden in his car was stolen. We belelive by the tow company. The tow guy told my son they don't enter the vehicle bcuz their isnt any need to. The owner I contacted stated that infact his driver did enter the vehicle to look for the parking permit, just to verify that it was'nt in their. The police told me that the tow place shouldnt of entered the vehicle. Transactions were made on my sons debit card all after the towing accured.
Posted by: Jessica | October 10, 2010 6:47 PM