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Tracking the trends<br />
KNOW<br />
what you’re<br />
PAYING for<br />
Predatory towing fees are a growing<br />
issue of concern among motor carriers<br />
By Kris Rutherford<br />
Predatory towing. It’s a term with which all too many<br />
motor carriers and drivers are uncomfortably familiar.<br />
It’s possible your company has been a victim of the<br />
practice, which goes far beyond fees for towing a disabled<br />
vehicle from the side of the road.<br />
For example, let’s imagine one of your tractor-trailers is involved<br />
in a single-vehicle accident, such as a rollover. Law enforcement<br />
at the scene request a tow service, usually selecting<br />
the next towing company on a list used to spread the business<br />
among competitors. The company dispatches the equipment,<br />
spends about an hour and a half cleaning up the scene, and<br />
then disappears with both your equipment and cargo. In short<br />
order, you receive a bill for towing services that requests payment<br />
of tens or even hundreds of thousands of dollars for the<br />
release of your equipment.<br />
Predatory towing is an increasing problem in the trucking<br />
industry and has been brought to the attention of the Federal<br />
Trade Commission (FTC), which is studying deceptive business<br />
practices nationwide. Already, several state’s legislatures<br />
have passed or are considering bills to limit predatory fees.<br />
“When a truck driver’s vehicle is towed, they can’t earn<br />
a living until they get it back — leaving them vulnerable to<br />
predatory junk fees from towing companies,” said U.S. Transportation<br />
Secretary Pete Buttigieg. “We support FTC’s efforts<br />
to stand up for truckers by acting to ban junk fees and prevent<br />
predatory towing fees that can cause significant financial<br />
harm.”<br />
The Federal Motor Carrier Safety Administration (FMCSA)<br />
expressed sentiments about the issue in a letter to the FTC.<br />
“The proposed regulation may significantly benefit FMCSA’s<br />
regulated community, specifically as it relates to the predatory<br />
towing practices that have a substantial financial impact on<br />
CMV owners and operators,” wrote Sue Lawless, the agency’s<br />
acting deputy administrator. She went on to highlight the nature<br />
of predatory towing fees, the various ways a tow company<br />
calculates excessive fees, and the hidden charges many<br />
tow companies place on an invoice.<br />
In a Truckload Carriers Association (TCA) webinar on the<br />
issue, Gene Funk, general counsel for Cowan Systems, a Maryland-based<br />
trucking firm, said, “The towing companies send out<br />
these bills just hoping someone is not looking at them.” Funk,<br />
along with Renee Bowen, an attorney with the firm Franklin and<br />
Prokopik, provided several examples of invoices with excessive<br />
charges, one in which the towing company sought $202,000.<br />
22 Truckload Authority | www.Truckload.org TCA MAY/JUNE 2024