By Aida Al-Akhdar
Having a car can be vital for access to health care, childcare, and employment. Consequently, towing companies – when left unchecked – have leverage to charge you exploitative fees so you can regain possession of your car. Understanding the need for regulation, Virginia lawmakers at the state and municipal level drafted regulations to protect you from predatory towing practices. Among those laws is the Virginia Consumer Protection Act.
What’s Consumer Protection got to do with it?
The Virginia Consumer Protection Act (VCPA) contains provisions that prohibit certain business practices.[1] For example, Section 59.1-200(A)(32) requires an owner of private property to post clear tow-away signs with the tow company’s phone number to put you on notice that a trespassing vehicle will be towed.[2] Furthermore, the VCPA limits a tow company’s ability to charge predatory fees after your car has been towed from private property without your consent.[3]
What can I expect if my car is towed from private property without my consent?
Section 46.2-1233.1(A) of the Code of Virginia lays out the fee limitations tow companies must adhere to under the VCPA. A “hookup” fee or initial towing fee of a passenger vehicle may not exceed $150.[4] On weekends and holidays, the VCPA permits tow companies to charge an additional $30 for the initial towing fee. Additionally, vehicle owners must not be charged for the first 24-hours your car is stored at the tow company’s storage lot. After that, tow companies may not impose storage charges “for any period during which the owner of the vehicle was prevented from recovering the vehicle because the towing and recovery business was closed.”[5] Furthermore, a tow company must prominently display their fees for towing, recovery, and storage services at their storage lots – and tow companies may not charge you in excess of those fees.[6]
The VCPA does not, however, uniformly regulate the rate of storage fees a tow company can charge after the first 24-hours of storage. Instead, the VCPA left municipalities the authority to regulate storage rates. Additionally, the VCPA limits drop fees (the fee you pay if your car is hooked up to a tow truck but you return before your car is towed away) to $25 or a fee “set by the locality.”[7]
Are my consumer rights still protected if I called to have my car towed?
Absolutely. Local governments lay out fee schedules that tow companies must follow. For example, many cities have price caps for the amount tow companies can charge for collision tows and cleanups, non-collision tows, disabled vehicle tows, daily vehicle storage rates, and more. Here is a list of some fee schedules:
- Arlington County Tow Fees
- City of Blacksburg Tow Fees
- City of Christiansburg Tow Fees
- Fairfax County Tow Fees
- City of Harrisonburg Tow Fees
- Loudon County Tow Fees
- City of Norfolk Tow Fees
- Prince William County Tow Fees
Am I required to pay tow fees with cash, or do I have other payment options?
The VCPA as well as local ordinances prescribe payment methods tow companies must accept at their establishments. The VCPA stipulates that tow companies must accept payment in cash, insurance company checks, certified checks, money orders, at least one of two commonly used credit cards, or other methods approved by the Commonwealth of Virginia’s Transportation Board.[8]
What options do I have if a tow truck company does not comply with state or local regulations?
Steven Krieger Law, PLLC has experience counseling clients on VCPA violations and the remedies available to wronged consumers. Please feel free to contact us for a consultation to determine if you have been subject to an illegal tow, or if you have questions about your rights after your car has been towed.
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[1] Chapter 17, VCPA, § 59.1-200.
[2] § 46.2-1231(A).
[3] § 59.1-200(A)(32).
[4] § 46.2-1233.1(A).
[5] § 46.2-1233.1(B)(i).
[6] § 46.2-1233.1(C).
[7] § 46.2-1231(D).
[8] VCPA § 46.2-1217.
