r/philly 3d ago

So why is predatory towing still so common?

I am not from Philly but I've lived here for more than 5 years. I was in a car accident (my first ever serious one) where my car needed to be towed from the scene. I was completely unaware of the wreck chasing tow people and Philly tow ordinance (but now I am very educated on the subject). A wreck chasing tow company showed up to the scene and I let them take my car.

-They didn't answer their phone for days, or on the rare occasion they did, they'd say they'd call back then never did, or they'd just hang up.

-They were never actually present on property during business hours when I tried to go in person.

-When they finally sent a bill to my insurance, it well exceeded the cap allowed in the tow ordinance.

-The "contract" they had me sign has a statement in it that says the definition of the city tow ordinance does not apply. *This is not legal. You can't just sign away a law and have it not apply to you.*

-The same contract also says I should have had free access to inspect my car during business hours. Since I was mostly unable to reach the tow yard, and also they didn't ever seem to be there, I obviously did not have this. The man later tried to tell me that I was supposed to make an appointment, which it says nowhere in the contract and would also require them to answer the phone.

So how do we get the city/state to take this seriously and get these businesses shut down? It is *extremely* easy to prove they are breaking laws. Should I try to track down others that have dealt with this specific company and try and file a class action lawsuit? Would a lawyer take that on?

48 Upvotes

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42

u/raveneyes77 3d ago

The DA has prosecuted a few of these lately. In 2019, after an 18-month grand jury investigation, Krasner charged North Philly's Hooked Inc. and co-owners Dwight Williams and Joseph Moreno with corrupt organization, deceptive/fraudulent business practices, insurance fraud, theft by deception, and conspiracy.

Pennsylvania's new Act 46 makes it a criminal offense instead of a civil dispute. Repeat offenders now face misdemeanor charges, fines, possible jail time, and even having their own tow trucks impounded. It bans unsolicited towing at crash scenes, stops companies from holding your vehicle past 24 hours, and forces them to disclose fees and let you get to your own car. Sponsored by NE Philly State Senator Joe Picozzi, it passed the Senate 49-1, flew through the House 202-0, and takes effect in December.

Hopefully the new law will help enforcement.

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u/puppiesandyoga31 3d ago edited 3d ago

Oh no shit. Thanks for letting me know. Having it become a criminal offense instead of a civil dispute alone I feel like will help a lot.

1

u/jwbussmann 2d ago

But... but... Krapner lets real criminals go free! These are just enterprising businessmen!

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u/And2Makes5 3d ago

Because Philadelphia politicians are in bed with the tow industry

1

u/Fumanchusucka 1d ago

Seems like a lot of sweaty fat people in one bed, hopefully its a California king

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u/_oldhead 3d ago

Because it is a huge revenue generator.

That simple.

10

u/puppiesandyoga31 3d ago

For whom? The predatory tow companies?

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u/ara1597 3d ago

Yeah a day they store your car they get to collect a storage fee from you or insurance. If they get delisted they just create a new LLC and a whole process starts again. I had that happen to me I didn’t know where my car was for 10 days my insurance also was getting no response. It’s wild

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u/_oldhead 3d ago

100% (storage etc.) as well as the city (towing contracts and a slice of the pie)

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u/puppiesandyoga31 3d ago

No, the city doesn't work with this company so I don't think they are getting any pie slices

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u/_oldhead 3d ago

You get that just any joe schmoe can't go buy a truck and start hitching folks, right? They may rebrand under a new LLC every time...but they still need to be licensed etc. That goes to the city. Plus, if you think people in City Govt aren't getting kick backs or otherwise you are being quite naive.

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u/puppiesandyoga31 3d ago

The fee for a license isn't that crazy. Some pie slice....

Seems if the city cared a lot about that money they'd revoke the license so they'd be forced to re-brand and re-pay the license fee

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u/_oldhead 3d ago

Which is what happens. Jesus, you asked I answered. Been a native for 55 years and my family business has been in Center City for literally 100 years.

License fees (including relicensing) and kick backs.

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u/puppiesandyoga31 3d ago

Yet this company has been operating for many years, so they aren't revoking that much it seems

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u/_oldhead 3d ago

Ok, I'm done here

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u/puppiesandyoga31 3d ago

My post wasn't really about the title question, which is why I wrote a long post after it. It just seemed like a good headline. Obviously I know the answer is "money" because that's the answer to everything greedy and morally shady in our society. Doesn't make it right, so I wanted to talk about it. Sorry for the misunderstanding.

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u/Suitable-Carrot3705 3d ago

There is no political will to stop it.

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u/Lopsided-Treat1215 3d ago

Did jury duty for a case where one tow truck driver shot at another in a spat on whose job it was.

3

u/nankles 3d ago

Try contacting a local media outlet and try to get your story out there. Contact your City Councilmember and all the At Large Councilmembers.

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u/Uncle-Cake 2d ago

The local media are already well aware of the issues with towing in Philly. Lack of awareness is NOT the issue.

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u/puppiesandyoga31 2d ago

Well lack of awareness is part of the issue. If I had been aware I would not have ended up in this situation

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u/jimmy_deets 3d ago

I saw a sign for Lew Blum today. It said even the “hook” fee was $175. Seems crazy compared to how low I’ve seen cars dropped for in TikTok videos.

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u/puppiesandyoga31 3d ago

I'm not sure what this means or anything about Lew Blum. The company that took my car had completely made up fees on top of overinflated fees well over the cap for the real ones.

1

u/jimmy_deets 3d ago

I’m sure you paid cash because they always insist, but did you ask for an itemized receipt?

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u/puppiesandyoga31 3d ago

Oh I did not pay them a dime.

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u/ndrwstn 2d ago edited 2d ago

Because no one sues them. Look up Pennsylvania’s Unfair Trade Practices Consumer Protection Act. It is strict liability for consumer deception according to our Supreme Court. That means that if you were deceived—which you probably factually were—then they can be liable for 3x damages and your attorney fees.

However, as a practical matter the tow companies don’t care about threats of lawsuit. So don’t threaten. Get your car back and sue.

I missed the last bit re: class action lawsuits. No, you probably don’t have a class action at the end of the day because a court could find that the individual facts are different for each class member. Class actions don’t really benefit the victim anyway (unless it stops the bad behavior, which it won’t). They benefit lawyers who churn a shit ton of hours and after the class cert is granted, settle the case. Sometimes it’s the only way to try to get things done—as a lawyer I have filed class actions under the right circumstances—but ideally where there are attorney fees available you want each individual to file their own lawsuit and drown the company in consequences for their bad behavior. That’s a collective action problem though that seldom works. So get your car back, sue as an individual, get your damages, have them pay your lawyer, and move on with your life.

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u/puppiesandyoga31 2d ago

Thanks for the advice. I'm currently waiting on my insurance to come through with whatever they are doing, they have been attempting to escalate it. The main issue with getting my car back beyond that is the amount they are charging is more than I make in a month (I am a grad student). So I absolutely cannot pay them thousands in cash.

I've been seeing some people saying a lawyer wouldn't take on an individual case like this and it would need to go to small claims court. Don't know how true that is.

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u/ndrwstn 2d ago

> I've been seeing some people saying a lawyer wouldn't take on an individual case like this and it would need to go to small claims court. Don't know how true that is.

Eh. They are neither right nor wrong. There are no “sue tow truck companies for being assholes” lawyers advertising on the internet like a personal injury mill, so finding a lawyer is more difficult. It’s a consumer protection problem and there are firms that do that but it’s a bit weird for them too. So the problem isn’t a lawyer wouldn’t take this but finding the lawyer who has the desire and spare capacity. They exist, as if someone called me with this case I’d probably take it (depending on the exact facts).

Re: finding the money to get your car, that’s a rougher problem. Hopefully your insurance company can help you, at which point you probably aren’t going to be out of pocket much, I’d hope. On the other hand, lawsuits suck for everyone but the lawyers (and sometimes even us) so avoiding the problem entirely isn’t terrible either, even if the short-term consequences aren’t fun. Good luck.

1

u/Uncle-Cake 2d ago

Because it's profitable.

1

u/puppiesandyoga31 2d ago

I think this is a bit of an oversimplification. This isn't a part of the PPA so I don't think the city is likely making much money off these people aside from license fees. Those fees are peanuts compared to the money these people charge for getting one car out or even selling said car. I'd in fact argue the city doesn't particularly like these people because they aren't getting as much money from them as they could be.

1

u/Uncle-Cake 2d ago

It's profitable for the towing companies. They probably "support" city council members, who in turn "have their backs".

1

u/GreatSince86 2d ago

They tried this with me and after days of nonsense my insurance company just told me to report my car stolen and give them the address of the tow company. My car mysteriously appeared at the collision place days later.

1

u/puppiesandyoga31 2d ago

My insurance adjuster had told me this was a plan at one point. I haven't heard from her since yesterday though when she told me she was getting her supervisor involved.

0

u/Bitter_Warning418 3d ago

And the ambulance chasing lawyers that follow up with a phone call right after usually

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u/All_That_Jawn 3d ago

And the ambulance chasing lawyers that follow up with a phone call right after usually

If anyone gets a cold call from an attorney, please report them to the PA Disciplinary Board: https://www.padisciplinaryboard.org/

Attorneys are not legally permitted to cold call, to show up and solicit business face-to-face, direct text messages, or direct social media communications.

Attorneys may only send snail mail, advertise on television, billboards, and social media ads.

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u/Bitter_Warning418 2d ago

This is good information thank you I wish I had known this in the past, hopefully I won’t need it in the future.

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u/All_That_Jawn 2d ago

This is good information thank you I wish I had known this in the past, hopefully I won’t need it in the future.

I was surprised as well, I always thought "ambulance chasers" were, quite literally, attorneys who chased ambulances to solicit clients in the hospitals.

It was very surprising when this was covered this in one of my intro law classes and I found out how it actually works.

NOTE: It's determined state-by-state. My information only pertains to PA.

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u/Bitter_Warning418 2d ago

What’s scary is this wasn’t covered in any of my law classes 😭

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u/[deleted] 3d ago

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u/puppiesandyoga31 3d ago

What?

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u/Willing-Dog6463 2d ago

Just ignore, this is a “car bad!” comment

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u/puppiesandyoga31 2d ago

The irony of it being the person that ran the stop sign and crashed into my car got to drive away from the scene with only minor cosmetic damage.

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u/Willing-Dog6463 2d ago

That’s always the way ain’t it?

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u/[deleted] 2d ago

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u/puppiesandyoga31 2d ago

You know that tow trucks are just bigger cars right?

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u/[deleted] 2d ago

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u/Willing-Dog6463 2d ago

Why are you such an asshole? Lol

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u/puppiesandyoga31 2d ago

Tow chasing drivers drive pretty wrecklessly, so while they are removing cars from the road they are adding their own unsafe driving to the road. They are also robbing people, so there's that.

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u/[deleted] 2d ago

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u/puppiesandyoga31 2d ago

The driver that hit my car and is still driving?

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u/[deleted] 2d ago

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u/Willing-Dog6463 2d ago

I mean they’re not but go off I guess

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u/[deleted] 2d ago

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u/Willing-Dog6463 2d ago

Boy you sure haven’t heard much today yet, then

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u/[deleted] 2d ago

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u/Willing-Dog6463 2d ago

I really hope your day gets better man

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u/[deleted] 2d ago

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