“Imagine returning to a parking lot and finding your car gone, and being left stranded. Even worse, imagine if warning signs were either not posted or inadequate, in violation of our Predatory Towing Prevention Act,” Acting Attorney General John J. Hoffman said. “These actions are part of a larger initiative to make sure that predatory towing does not occur in our state.”
The Predatory Towing Prevention Act, which became effective on April 15, 2009, regulates towing from private property, and towing initiated by law enforcement, that occur without the prior consent of the towed vehicle’s owner or operator. This law prohibits towing companies, among other things, from charging an unreasonable or excessive fee; failing to release a vehicle hooked or lifted, but not actually removed from private property, upon request of the vehicle’s owner; trolling for vehicles parked without authorization; or charging for a towing or storage service not on the schedule of services maintained by the Division of Consumer Affairs.
Additionally, unattended cars cannot be towed from private parking lots unless there is a sign posted at the vehicular entrances of the property which states, among other things, the times when parking is permitted; that unauthorized parking is prohibited; the name and contact information for the towing company which is responsible for towing unauthorized vehicles, and the charges for towing and storage, along with the times that the vehicle could be retrieved.
“The Division’s initiative to combat predatory towing is mainly about fairness,” noted Steve Lee, Acting Director of the New Jersey Division of Consumer Affairs. “Consumers who have their cars towed should be able to easily determine when and where the car can be picked up, and should not be subject to excessive fees or hidden charges.”
These six companies that entered into settlements with the Division of Consumer Affairs are as follows, with a summary of allegations and settlement amounts noted:
The consent orders referenced above were filed between November 2014 and April 2015.
Investigators Joe Rothstein, Kelly Fennell and Michael Bruch in the Division of Consumer Affairs Office of Consumer Protection conducted the investigations.
Deputy Attorneys General David M. Reap, Kent D. Anderson, Mark E. Critchley, Alina Wells and Jeffrey Koziar, and DAG/Assistant Chief Patricia Schiripo, in the Division of Law’s Consumer Fraud Prosecution Section, represented the State in these settlements.
To learn more about the Predatory Towing Prevention Act, see the Consumer Brief.
Consumers who believe they have been cheated or scammed by a business, or suspect any other form of consumer abuse, can file an online complaint with the State Division of Consumer Affairs by visiting its website or by calling 1-800-242-5846 (toll free within New Jersey) or 973-504- 6200.
Follow the Division of Consumer Affairs on Facebook , and check our online calendar of upcoming Consumer Outreach events.
####