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NEWARK – The Office
of the Attorney General and the State Division
of Consumer Affairs have filed suit against
an Irvington-based towing company, alleging
that it illegally used spotters to target
vehicles and failed to provide proper notice
to motorists in the parking lots it patrolled.
The state’s lawsuit
alleges that Gilliam Towing, and its owner
Marlin Gilliam, violated the Predatory Towing
Prevention Act and regulations, as well
as the Consumer Fraud Act, when towing vehicles
from three private parking lots located
at 25-33 Court Street, 80 Court Street,
and 127 Halsey Street, all in Newark. The
state’s Complaint was filed in State
Superior Court in Newark.
“We allege that this
towing company engaged in precisely those
predatory towing practices that our laws
prohibit,” said Attorney General Paula
T. Dow. “Through unlawful surveillance
and inadequate signage, this company watched
and waited for unsuspecting motorists. Through
this action and our ongoing initiative,
every tower is on notice that this conduct
will not be tolerated.”
The state is consumer restitution,
plus assessment of civil penalties against
the defendants, reimbursement of the state’s
investigative and legal costs, and compliance
with the Predatory Towing Prevention Act
and the Consumer Fraud Act.
“The defendants are
charged with essentially turning these private
parking lots into their own personal feeding
grounds, prowling for vehicles and reaping
towing fees,” said Thomas R. Calcagni,
Acting Director of the Division of Consumer
Affairs. “With this initiative, our
investigators are out on the streets fighting
back. Those towing companies lying in wait,
looking to prey on unsuspecting consumers,
should think twice before pouncing. We’re
watching.”
Calcagni noted that this
is the fourth towing company against which
the Division has taken action since March,
when the Division first went public with
the statewide crackdown. “Investigations,
including undercover operations, into additional
towing companies and their practices continue,”
said Calcagni.
Consumers
should know the law. The Predatory Towing
Prevention Act prohibits towing companies
from the following:
- Failing
to release a vehicle that has been hooked
or lifted, but has not actually removed
from private property, upon request of
the vehicle’s owner;
- Trolling
(cruising) for vehicles parked without
authorization;
- Paying
for information about vehicles parked
without authorization;
- Refusing
to accept an insurance company check or
a debit card, charge card, credit card,
or check for towing or storage services,
if the towing company ordinarily accepts
such payment at its place of business;
- Charging
for a towing or storage service not on
the Division’s schedule of services;
and
- Charging an unreasonable
or excessive fee.
A
consumer education brief that highlights
these and other key features of the Predatory
Towing Prevention Act has been produced
by the Division of Consumer Affairs and
can be read online at www.NJConsumerAffairs.gov/brief/towing.pdf
Consumers
who believe their vehicles have been illegally
towed from private parking lots should file
a complaint with the Division of Consumer
Affairs. To file a complaint, go to www.NJConsumerAffairs.gov,
or call 1-800-242-5846
(toll free within New Jersey) or 973-504-6200.
Deputy
Attorney General Jeffrey Koziar in the Consumer
Fraud Prosecution Section is representing
the Division of Consumer Affairs.
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