Towing Company Continues To Stand By Its Misplaced Lawsuit Against Angry Customer, Despite Losing Half Its Business

from the time-to-cut-bait-and-apologize dept

Back in April, we wrote about a towing company that got so upset about a Facebook page that it decided to sue the page’s creator for libel. As pointed out at the time, this only served to draw more attention to the claims made by the Facebook page — claiming that the towing company often towed legitimately parked cars. In fact, the controversy has brought out many more people who claim they had legitimately parked cars towed. An anonymous reader let us know that the Detroit Free Press has checked in on the towing company again, and it’s now lost half of its accounts due to this controversy. You might think, at this point, the company would wise up, admit that it was wrong, apologize to the guy it sued, and try to focus on building its reputation back up. But… no luck. The company sticks by its stance. The owner’s lawyer blames the lost business on the “hostility” the situation caused. Um. Or, perhaps it was towing legitimately parked cars, and then suing someone who complained about it. That might have something to do with the lost business too. Oh, and it’s probably worth mentioning that the company, T&J Towing, has an F-rating at the local Better Business Bureau, due to 20 complaints in the last three years… of which it responded to only three. Maybe, rather than suing critics, T&J should learn to respond to them.

And, of course, it appears the situation is getting even worse for the company. Because of all this attention, many others have been stepping up to complain about their own experiences with T&J, leading the lawyer representing the guy T&J sued to look about filing a class action lawsuit against the company. It seems like the company would have been better off apologizing and giving the original guy back his money. Or not towing his car in the first place.

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Comments on “Towing Company Continues To Stand By Its Misplaced Lawsuit Against Angry Customer, Despite Losing Half Its Business”

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69 Comments
Anonymous Coward says:

there is an assumption here that the cars were parked 100% legally and towed without reason. if that is the case, wouldt it have been better just to call police and file a stolen vehicle claim? i think the car owners are making their own problem by allowing this to be only a civil manner. i have to think that the cars are likely parked illegally (or without permission) and they are just better whiners than others.

Dark Helmet (profile) says:

Re: Re:

“i have to think that the cars are likely parked illegally (or without permission) and they are just better whiners than others.”

Er, why do you have to think that? It isn’t as if towing companies haven’t done this sort of thing before. Musician Steve Goodman made a bulk of his reputation helping to get Chicago towing laws changed and companies slapped around by writing his song, “The Pirates of Lincoln Park”….

Anonymous Coward says:

Re: Re: Re: Windows and Maytag

Please do not associate Windows with Maytag. My Maytag washer is still running with no repairs since new in 1987. Windows locks up almost daily.

I remember when there was a towing outfit that would grab cars around the Sunday flea market without the city ticketing any of the cars. This ended after they were all arrested for car theft.

Anonymous Coward says:

Re: Re:

Having had my truck towed illegally in the past—and fighting the entire process in court—I can tell you that the police will not do a bloody thing once they find the vehicle has been towed.

In fact, the entire Crown Prosecutor’s Office will not have any sense in the matter either. Instead, they see your contention as potentially infringing on their future funding. They will fight you tooth and nail, even after the Justice of the Peace has informed them in open court that it was ill advised.

Richard (profile) says:

Re: Re:

there is an assumption here that the cars were parked 100% legally and towed without reason. if that is the case, wouldt it have been better just to call police and file a stolen vehicle claim? i think the car owners are making their own problem by allowing this to be only a civil manner. i have to think that the cars are likely parked illegally (or without permission) and they are just better whiners than others.

Well most of these clampers are working in a dubious legal area but law enforcement generally don’t take very positive attitude to the motorist’s complaint.

However in a few places a different attitude has been taken by authorities. In Scotland a judge simply decided that private wheel clamping was extortion and so it is not legal there.

In Birmingham the local trading standards have been taking up the fight – and recently scored a notable victory – look at this story!

http://news.bbc.co.uk/1/hi/england/birmingham/10165899.stm

Kiki (profile) says:

Re: towing company

the cars were parked legally, the towing company was tearing off the parking stickers from the cars at the apt. complexes where the car owners live. The towing company does not deserve the benefit of a doubt, there are many, many instances where this company towed cars illegally from all over Kalamazoo. Go to Facebook and see the links, comments, etc. re: the towing company

Anonymous Coward says:

Re: the owners of T&J apparently are blind

The owners of T&J apparently are also tempting a tax audit. Reading the background T&J apparently would not take credit cards to pay for these tows, as any other company would, only $120 in exact cash. If I was an IRS agent in Michigan this would get my attention.

Anonymous Coward says:

Fixing things with the BBB only requires the business to go and discuss these issues with their customers.
But if your the victim, maybe you’ll try to transfer blame to the third party through the court of public opinion.

In that case, it sucks that they didn’t work with a BBB moderator, huh?

Anonymous Coward says:

Re: Re:

the complex could drop them because the whiners could be threatening to move out. i use to live in a complex about 25 years ago that had a towing service, one of my friends parked back there for about 10 minutes to come pick something up from me, and by the time he was back, his car was gone obviously illegally parked. most resident parking schemes require permit tags or similar, or to have the cars registered. i would love to see the actual full story on this one, but i dont see techdirt going there. after all, stories like this are for the lulz, and not for actual content.

Anonymous Coward says:

Re: Re: Re:

Once again, deflecting by implying there is some magical set of unknown facts behind the post that no one knows. Not even TAM!

Since we’re dabbling in the world of magical ifs to change the nature of the discussions, I think the towing company was using unicorns and leprechauns to abscond with the vehicles. Wouldn’t then T&J be in the right? So everyone else shut-up–because you don’t know, man, you don’t know.

RD says:

Re: Re: Re: Re:

“And if newspapers don’t give us the full story then who will?”

Forums, bloggers, independent/citizen journalists, sites like this…the list goes on and on.

Really, seriously now, you should get a clue about how the modern world works, especially since you are on the internet. This isnt 1935 anymore you know, people have VAST methods of communicating information quickly and accurately. There is no longer a reliance on a single point of newsgathering anymore. Time to get with it or get lost.

Anonymous Coward says:

Fixing things with the BBB only requires the business to go and discuss these issues with their customers.

To get a “F” ranking takes a lot of work, or negligence rather… Like seriously negligent work. The BBB will send you at minimum 3 letters for each issue, and you actually have to ignore them. So they probably missed 20 or more letters to “earn” that “F” Ranking.

But if your the victim, maybe you’ll try to transfer blame to the third party through the court of public opinion.

In that case, it sucks that they didn’t work it out with a BBB moderator, huh?

Anonymous Coward says:

Re: Re:

you dont think that a company whos job it is to tow cars away that are illegally (often just mistakenly) parked in private lots and such would get complaints? sort of like police giving out tickets, dont you think people bitch about that too? i could see people using the bbb as just another way to try to shout the company down. (notice shout, not shut)

Anonymous Coward says:

Re: Re: Re:

Obviously towing companies are going to get lots of complaints with the Better Business Bureau from people just trying to ‘shout down’ the company.

But here’s the important part about the BBB–all the company has to do is respond to the complaints to satisfy the BBB. The only way you get an F is if you utterly ignore all those letters coming in, and any business that can’t even slap together a form letter or a quick phone call to an angry person who got towed… well, they deserve whatever happens to them.

Anyway, just because there may be *some* people who were parked illegally and deserved their towing doesn’t mean that ALL of those towed were parked illegally.

There are so many stories (from actual towing employees, no less) about less-than-ethical ways to turn a legally parked car into an illegally parked car. Obviously not all of those stories are true, but it’s enough reasonable doubt to lead me to believe that there’s plenty of reason for this company to deserve their current misfortune.

Kiki (profile) says:

Re: Re: Re: Re:towing company

The complaint with the towing company really has nothing to do with the BBB, which has now been made aware of T&J’s business practices and have rated them with an F. The towing company is scum, several reports of incidents on the Facebook page…an overwhelming number of cars were parked legally and had the stickers torn off to make it look like the cars were parked illegally.

RD says:

Re: Re:

Found this about the Audi guy:

http://forums.nicoclub.com/now-with-conclusion-audi-owner-gets-booted-and-is-sticking-it-to-them-t346387.html

And yes, these kinds of places are complete nazi’s about it. I had a MOTEL boot my car once because THEY didnt give me whatever parking pass I needed when I came in at 2:30AM. This was a MOTEL 6 near downtown Charlotte, and I have never used the chain again. They were going to tow the car and charge me over $250 to get it back, when I had a valid room paid for. They point to a SMALL sign that is around the corner away from the main desk, high up on the wall away from any other signage and claim “you should have known.” Screw this company and all towing companies that engage in this immoral and reprehensible behavior.

Anonymous Coward says:

Re: Re: Re:

I was ticketed by Washington DC while parked in the proper hotel space with the number painted on it matching the permit on my dashboard.

I lost a day of vacation standing in a progression of long slow lines full of other angry tourists with similar situations, just to pay it (would have lost two more days to fight it), and never returned to DC again.

For a few dollars in bogus fines, they lost a whole lot of business.

Bobo Bolinski says:

T&JTowing just gets better but not for them...

I have retained an attorney to represent me in the lawsuit and he has requested that people who may have been treated as I was by T & J Towing provide the following information to his assistant at anya@vincentlegal.com

Students say T&J Towing is breaking the law and ripping them off. Now, the company’s former employees are coming forward and saying, yes, the company is.

http://www.wwmt.com/articles/employees-1372565–.html

romeosidvicious (profile) says:

I want to first state that I am not taking a stance on whether or not this company illegally towed cars or not.

Years back I worked for a towing companies that did private property as well as accidents. Not a single one of them had a good BBB rating because even if I hooked a car that didn’t have a handicap tag in a handicap space people would complain to the BBB. And then some asshole who thinks it’s alright to park in a handicap space, fire zone, or other obviously marked non-parking space for just a few minutes files yet another complaint after the first one gets a response. Eventually the companies stop bothering to respond because it doesn’t change anything. So the F rating from the BBB likely applies to any towing company that handles private properties. Since towing companies that handle private properties, accidents and repos don’t generally require any sort of customer satisfaction on the part of the towee the cost associated with responding to the BBB with the volume of complaints they frequently don’t bother.

Here in Texas there are very specific laws concerning towing from private property and while there are operators who hook cars outside of those laws they are stopped pretty quickly because the fines are steep enough that it doesn’t make any business sense and the driver doing it will get fired on top of being responsible for the fines.

Also a property owner can sign a tow slip for a legally parked vehicle (fire zones and handicap are the only illegal as far as the law is concerned parking areas) and it’s a legal tow whether the owner of the vehicle likes it or not. Once a vehicle is on private property the owner of the property has control of whether or not the vehicle stays. At that point all the towing company can do is tell the owner of the car to speak with the property owner which also leads to them being hated. If it comes down to the police requesting a tow outside of an accident then it’s their responsibility once their name and badge number is on the tow slip. The point is that the towing company may have no idea about any shady practices the property owners engage in and be operating completely legally. At least here in Texas it’s in their best interest to do so.

People hate wrecker drivers and tow companies and this company isn’t helping the situation. If they acted legally and continue to do so then a lawsuit isn’t the way to handle these complaints. It would be easy to require their drivers to take pictures of the illegally parked vehicle (I was required to do so) and simply post them in response to these complaints. If they are just doing their job, which they claim, then these complaints could easily be shown to be sour grapes after someone got caught parking illegally. The way they are handling this makes very little sense and makes me, a former wrecker driver, think they might have something to hide.

dorp says:

Re: Re:

Since towing companies that handle private properties, accidents and repos don’t generally require any sort of customer satisfaction on the part of the towee the cost associated with responding to the BBB with the volume of complaints they frequently don’t bother.

Riiiight. 20 complaints in 3 years is a “huge” volume… Did you read the post at all?

dorp says:

Re: Re: Re: Re:

Moron!

Yes, yes you are. So your comment had nothing to do with the case and you are freely admitting it. And it’s not nitpicking when a good third of your defensive rambling was about BBB. Which, as we established, has nothing to do with this particular case. May be you should talk about the towing equipment as well, we are talking about the industry after all, right?

dorp says:

Re: Re: Re:3 Re:

romeosidvicious offers some interesting information about towing in general, and you (dorp) decide to nitpick. You are an idiot. STFU and let the grown up have an intelligent discussion.

Does your mommy know that you are using computer past your game time? You didn’t provide much support for being a “grown up” yourself, let alone having an intelligent discussion.

All that Mr. Romeo does is provide a point of view of a towing company with all the bias that it includes. And when called out on a large chunk of statement not corresponding to the situation, all he could do is claim that it’s just general rambling that has nothing to do with topic at hand. Thanks, we figured that out on our own. Just focus on the parts that make sense in the context (company’s behavior, should’ve taken pictures, etc.) and stop defending irrelevant word piles.

interval says:

Re: NOW WITH CONCLUSION... Audi owner gets booted, and is sticking it to them...

The guy’s use of the language is a little confusing, and disheartening, but apparently he went to one final hearing wherein the judge appeared to side with the tower because the guy represented himself, but later got some kind of notice of summary judgment in his favor after all??? That doesn’t make a lot of sense (and neither does the guy, at least to me), but I guess it worked out in the end. (?).

The Devil's Coachman (profile) says:

There's often only one way to get satisfaction with these things.

Tow trucks have fuel tanks, and are often parked in secluded areas, unattended. It may not get your extortion fee refunded, but the owner will always wonder which of the many, many people they stole from did it, and maybe when will be the next time it will happen again. And you can now laugh about it whenever you wish. Maybe walk by their office now and again and smile and wave. Towing robbery – $250. Burned out tow truck and pissed crook – priceless.

Robert says:

Re: A picture is worth a thousand complaints.

Umm….. that wouldn’t work. They could unlock the door with a wedge and their arm, remove the parking sticker from the windshield and then take the picture.

In several of the apartments in Kalamazoo that students live in the parking passes hang from the mirror… meaning that they don’t even need to fully open and unlock the door to knock the pass onto the floor of the car and tow it.

Anonymous Coward says:

Some have said it already….the towing companies often have a very close relationship with the popo. The whole towing industry is about as shady as the bail-bonds industry. Both industries have a symbiotic relationship with law enforcement. A citizen is much better off calling a lawyer instead of calling the police when it comes to illegal towing.

josh says:

legaly parked?, not likely

Towing companies cannot and do not tow away cars without a complaint from a verified property owner or a police officer. Otherwise, it is grand theft auto. I highly doubt this towing company has been going around stealing cars without being caught. The towing company should have ignored the douche and his fb group. However, I’m glad to see the towing company is putting good principles ahead of money by sticking with their decision. It might make the next whinny douche think twice before putting up a facebook page of lies and slander.

Robert says:

Re: legaly parked?, not likely

That is absolutely not true. I am a Kalamazoo native and lived there all my life until last weekend. T&J indeed does illegally tow cars… all the time. It’s simple… they tow cars from apartment complexes where the owner is a registered, paying tenant. The complex has blanket approved all tows of illegally parked cars. Turn a legally parked car into an illegal one by stealing or hiding the parking pass and it’s yours. The owner encouraged drivers to do it as much as possible… as quoted by former employees for the local news.

Robert says:

What most of you don’t realize, based on the majority of responses, is that most of the people complaining in the facebook group and harmed by T&J are students who were either paying tenants where they were towed from or visitors parked in designated visitor parking.

T&J rarely ever argues that they were parked in illegal spaces like handicapped.. but that there was no permit displayed or that visitor parking was no longer and they had yet to remove the sign.

Christopher Marlowe says:

A Local Perspective

Hello all I wanted to my personal experience. Long time tech dirt reader, college student in Kalamazoo, and I have had my car towed by T&J on 3 occasions. T and J is far and away the sleaziest towing company in town. This company acts in a remarkably different manner than their competition. Most of their rigs are junkers, old and blowing black smoke all over town. Many of their employees appear to be methamphetamine addicts( emaciated, rotting teeth, etc…) Meth is a big problem in southwest michigan. After living here for a while. they become easy to spot. The first time they towed my car ( it was illegally parked) they swapped my battery for a junkyard variety, then had the nerve to try to charge me for a jump when my car wouldn’t start. My car had been ransacked, they stole Cd’s cell phone chargers and other minor belongings. My car was locked, they simply broke in. I paid $118 dollars, i have never heard of TJ ever having change. They refused to give me a receipt. The second time i was legally parked on the street right next to one of their lots. They took the car anyway, and said i was parked in the lot. My word against theirs. They also ripped my bumper cover, ripped off the tow hook and bent my car’s frame. Refused to fix any of it. claimed it was existing damage. Paid my $118, said i wanted a receipt. Firmly insisted i wasn’t leaving until i had a receipt. after about 20 minutes, a very scary looking man, comes out of the yard, starts screaming at me, threatening to beat my kike ass( I am not jewish btw) if i dont leave, gets in my face and in the process of screaming spits chewing tabacco spit on me. I had enough and left without a reciept
The third time T&J towed my vehicle i was at a local apartment complex legally parked in one of a half dozen visitor parking spots, I went down paid my $118, found my car with a broken window and a missing cd player. they also stole/switched my battery again. I figured the window was revenge for causing trouble last time so i didnt ask for a receipt.
I want to stress my T&J experience is not atypical, several friends have similar stories, including physical confrontations with employees, Sometimes the driver will be accompanied by a non uniformed person, whose sole purpose it seems is to intimidate people. They will try to physically prevent persons from entering a vehicle that is about to be towed.
There is an observable Streisand effect happening in kzoo. College students are getting into screaming matches with drivers. People are stealing or defacing T and J signs on various lots across town, including the hilarious check us out on facebook graffiti sticker. T and J will go out of business in kalamazoo.
I just wanted to point out that this company is hated due a long history of poor customer service and illegal behavior. The Police have refused to do anything about T and J, so the community it self is doing something. Saturday night i witnessed T and J towing a car. There was at least 10 people videotaping the process.
A class action lawsuit against T&J could have thousands of legitimate claims. Their only building is a corrugated steel shack. I am guessing they have little no paper work or assets. They should hope the IRS doesn’t get involved as they are almost certainly guilty of tax evasion

The Devil's Coachman (profile) says:

Re: A Local Perspective

Yeah, well if they did that to me even once, their corrugated shack would be pretty well scorched, and the ashes of the former denizens of it blowing in the wind. Or maybe one of their drivers might need a tow himself, after his flaming rig is found in a ditch on a back country road, with him under it. The possibilities are endless. It’s altogether too easy to deal with scumbags like them, and all you need is a little patience, and some balls. Wait a week, maybe two or three. Then act. The “legal system” will never, ever support your pursuing “legitimate” avenues of redress, so get your own. Ever seen a tow truck driver reduced to crying like a little beeyotch? Priceless! Too bad so many of them don’t have that many teeth to kick out, but how many meth heads have any teeth at all these days?

Anonymous Coward says:

On July 21, 2010 my car engine did not start. I then called the A-Z Global Towing to tow my car for repair. On that Friday, the owner Robert Curry A.K.A Aziz telephoned me to explain the car’s “situation”. Mr. Curry stated, ” the car’s starter sparked a fire under the hood and burned the engine.” He then said my only option was to “get rid” of the car, however, in order to do that I had to sign over the title to him. Disappointed by the current news, I reluctantly followed the suggestion. On September 2, 2010, I saw my car driving on the same street as I. Shocked by my findings, I called Aziz at the following telephone numbers; (248)688-5854, (313) 425-7177, (313) 425-6162, (248) 990-6911 and received no answer. As of today, I have not been able to contact the owner of this towing company to resolve this matter.

Chicago private towing company (user link) says:

Towing services in Chicago,Illinois

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Anonymous Coward says:

Please remove............

The following blog must be removed from your site immediately! It contain personal information (phone numbers and names)which is a violation of the United States privacy law.
******Post*********
Anonymous Coward, Sep 16th, 2010 @ 5:18pm
On July 21, 2010 my car engine did not start. I then called the A-Z Global Towing to tow my car for repair. On that Friday, the owner Robert Curry A.K.A Aziz telephoned me to explain the car’s “situation”. Mr. Curry stated, ” the car’s starter sparked a fire under the hood and burned the engine.” He then said my only option was to “get rid” of the car, however, in order to do that I had to sign over the title to him. Disappointed by the current news, I reluctantly followed the suggestion. On September 2, 2010, I saw my car driving on the same street as I. Shocked by my findings, I called Aziz at the following telephone numbers; (248)688-5854, (313) 425-7177, (313) 425-6162, (248) 990-6911 and received no answer. As of today, I have not been able to contact the owner of this towing company to resolve this matter.

ManWPlan (profile) says:

Towing of Vehicles and Legally Parked

You may be legally parked but you still have to follow rules. You could be parked properly on a public street and not have current registration. You could have current registration and parked facing the wrong direction on a public street. In his case by law, if you are parked but not conducting business or patronizing (shopping) at a store or visiting an office on parcel of land (parking lot) YOU ARE NOT A CUSTOMER. YOU MAY BE TOWED AT YOUR EXPENSE. In California, there are signs posted. One hour parking allowed if you are a customer. If you are not a customer, if one hour passes and you are not onsite of the property of which you parked your D*&&^& A(* WILL BE TOWED AT YOUR EXPENSE. FOLLOW THE LAW AND IT WONT HAPPEN! ALSO, HANDICAP PARKING IS FOR THOSE WITH DESIGNATED STALLS. IF YOU ARE PARKED WITHOUT YOUR PLACARD OR TAGGED PLATE, YOU WIL BE FINED AND OR TOWED. PAY THE F*(&* & (*&(* ATTENTION AND DONT BREAK THE LAW!

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