TAMPA, Fla. — A proposed class-action lawsuit alleges a Tampa towing company repeatedly charged drivers a $250 fee in violation of a Hillsborough County ordinance and that more than 1,000 people may have been affected.
Jamie Adair's trouble began in September 2024 with what he calls a simple mistake on date night.
He parked his Toyota Highlander on an upper floor of a Tampa parking garage, not realizing overflow parking for the restaurant where he was dining was only permitted on the two lowest levels.
"We were done about 10 o'clock, came back out to the garage, and lo and behold, the car was gone," Adair said.
Adair tracked his vehicle to a Comm Tow impound lot on North Florida Avenue.
He does not dispute that the vehicle was parked illegally, but he says he learned hours after the tow that he owed far more than Hillsborough County's maximum tow rate.
When he picked up his vehicle the next morning, Adair was handed a bill that included a $250 "administrative lien release fee," bringing his total to more than $500.
"I was just so mad that this, this extra fee was more than what the tow even was. I'm like this is crazy," Adair said.
What is a lien release fee?
Adair hired attorney Craig Rothburd, who explained that state law permits towing companies to charge a lien release fee of up to $250.
"A lien release fee is a charge that the towing company can charge to someone who had their car towed up to $250," Rothburd said.
However, Rothburd argues the charge in Adair's case violated a Hillsborough County towing resolution passed in 2023.
"You can't charge essentially a lien release fee until 48 hours have elapsed after the tow," Rothburd said, citing Hillsborough County's towing ordinance.
Comm Tow says in a media statement that Florida lawmakers created the lien release fee to help towing operators recover rising costs in a heavily regulated industry.
The lawsuit
Rothburd filed a class-action lawsuit against Comm Tow on behalf of Adair and other drivers, alleging the company repeatedly violated the county ordinance by charging the $250 fee.
"In this particular case, what we expect the facts will show is that they as a routine practice charge it automatically upon impound, meaning when they tow your car and bring it in, it doesn't matter how long it is, they charged you $250," Rothburd said.
Rothburd believes hundreds of drivers — or more — were charged the same fee.
"We believe, and again the evidence will likely show that this happened to well over 1000 people," Rothburd said.
Rothburd also argues the size of the fee raises broader fairness concerns.
"That means you've got more than double the amount of the tow fee maximum in what I would term junk fees. That'sjust not right," Rothburd said.
"In this case, $529 for a $160 tow. I think it's unconscionable," Rothburd said.
Comm Tow's response
In a statement, Comm Tow's attorney wrote that the company acted lawfully at all times.
The statement also says Comm Tow assessed the fee on "just eight occasions" in Hillsborough County and voluntarily and promptly refunded the $250 fee to each of those eight customers after the county intervened.
Rothburd disputes that number.
"If it was only 8 people, you could imagine how long that actually would have been in play, like an afternoon. I mean, that's just not plausible," Rothburd said.
Adair also questions the company's figure.
"The truth is that only 8 people called the county and filed a formal complaint," Adair said.
The legal battle continues
Comm Tow had previously challenged the county's ordinance in court and lost.
The company is now appealing the judge's ruling and says it has stopped charging the administrative lien release fee while the appeal is pending.
Adair says he is pursuing the class-action lawsuit because it is about more than just his own money.
"I think when I see a sense of injustice, I've just got to speak out," Adair said.
"The poorest among us can't pay it, and I just was too angry to let it sit," Adair said.
Adair and his attorney await discovery from Comm Tow, which they believe will show exactly how many times the fee was charged before the 48-hour window required under the county's ordinance.
How to report violations of local towing ordinances
If you believe a towing company has violated local ordinances in your county, you can file a complaint with your county's consumer protection or code enforcement office. Links to each county's reporting page are below:
- Hillsborough County
- Pinellas County:call Consumer Protection at(727) 464-6200or email consumer@pinellas.gov.
- PascoCounty: CodeEnforcement: Call (727) 847-8171or send an email to pascocodecompliance@mypasco.net
- Sarasota County: (941) 861-5000 or submit a request on the Sarasota County 311Connect Platform
- Sarasota City
- Manatee County
- Polk County
- Hernando County: contact the Hernando County Sheriff's Office (HCSO) non-emergency line at(352) 754-6830
- Consumer Protection: For deceptive business practices, overcharging, or refusal to accept valid forms of payment (like debit/credit cards), file a formal consumer complaint directly with the Florida Attorney General
- Contact the Department of Agriculture: TheFlorida Department of Agriculture and Consumer Services handles consumer towing and repair complaints.
Share Your Story with Adam
Adam Walser has spent more than a decade fighting for what’s right in Tampa Bay as part of the I-Team. He’s helped expose flaws in Florida’s eldercare system and held leaders accountable for questionable HOA practices. Reach out to Adam with any issue you think he needs to investigate.
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