I had my truck towed after it broke down. I was given a base rate for the tow, then a rate per mile to the shop which would "go off Google maps". I agreed and gave a credit card to hold. Later I saw the charges and was in disbelief- I was charged roughly 60 dollars more than possible. Looking into it I saw this seems to be common with this company. After contacting them twice I have still heard nothing. I plan to stop by tomorrow at their office but would like to know any legal action beforehand as leverage. Thank you.
Tow operators pay hefty franchise fees to counties and municipalities in order to operate in a geographical area. Sometimes these are called "medallions" or "licenses" etc.
They are up there with taxi cab companies and limo services. Each of these types of businesses are heavily regulated. Because of that, they are not supposed to be out there fleecing the general public.
When there's a bait n switch which appears to be the case here, it violates the state's unfair and deceptive practices act or unfair competition law.
See 9 V.S.A. 2457 link here:
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=09&Chapter=063&Section=02457
Okay, you've been overcharged and the total amount that you were overcharged is about $60. The filing fee in small claims in state of Vermont is $50. What you can do as a practical matter is contact the consumer fraud division of the Vermont Atty. Gen.'s office whose telephone number is in the various phonebooks distributed in Vermont or is available at the state of Vermont Atty. Gen.'s website. If this is a common practice I would suggest that these folks have probably been complaint upon in the past and there may be some action contemplated by the AG. This type of consumer complaint is precisely why they have their office and have been extremely successful in assisting Vermont citizens with these complaints
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
You should write to your credit card company and place this charge in dispute. The card Company will ask the vendor to substantiate the charge. This is not a solution in and of itself, as the card companies will often side with the vendor. However, placing the charge in dispute will give you some leverage with the vendor.
You also should print the Google map which would substantiate the mileage involved. Provide a copy of the Google map of mileage to the credit card company when you submit your written dispute. You also can use the printout to discuss the situation with the towing company.
You also could file a complaint with the local Better Business Bureau and with the attorney general's office, consumer complaints section.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. And
