More than 41.5 million Americans are expected to travel this Memorial Day weekend, according to AAA. The National Safety Council has released estimates indicating that 402 fatalities are expected during the holiday period, which begins at 6 p.m. Friday, May 25, and ends at 11:59 p.m. Monday, May 28. More accidents mean more tow operators on the side of the roadway putting themselves in harm’s way for the sake of helping others.
As we have discussed in this blog, the American Rule of attorney’s fees requires each side to pay their own way unless there is a statute or contract that says otherwise. Unfortunately, consumer protection lawsuits are one of the types of statutes that carry an attorney’s fees provision. Even more unfortunate, these are exactly the type of lawsuits a tow company can expect to be hit with by a disgruntled consumer.
Kansas City, like many other cities, has a city owned tow lot where police ordered tows are stored. The City sets the tow rates which then must be paid by the owner of the vehicle before the vehicle is released. All seems pretty ordinary, right? Except it’s not. Recently, the American Civil Liberties Union (ACLU) filed a lawsuit against the City of Kansas City and its Board of Police Commissioners for what it calls “predatory impound and towing practices.”