Towing company says A.G. out of line / LJWorld.com

Archive for Saturday, April 15, 2006

Kline accuses Lawrence firm of price-gouging violations

April 15, 2006

A lawyer for the owner of a Lawrence-based towing company told a judge Friday that Kansas Atty. Gen. Phill Kline's office acted beyond its jurisdiction when it accused the company of price gouging and sued under the Kansas Consumer Protection Act.

David Hauber, who represents Kevin Raasch, owner of TransMasters Towing, argued that federal law prevents states from regulating towing prices. He also said the state's consumer protection law does not specifically define when charges reach price-gouging levels.

"What we have is no evidence of maximum price," Hauber told Douglas County District Court Judge Paula Martin.

Martin heard arguments on Hauber's motion to dismiss the case for about an hour Friday afternoon but made no ruling.

Kline filed the lawsuit against the company in November, alleging that TransMasters violated the consumer protection law 14 times since 1999.

Kline's office has asked Martin to fine the company $10,000 per count. In one case, Kline's office alleged a woman was told she had to pay as much as $1,500 to get her car back after the fee was said to have grown incrementally.

Raasch has previously defended his business and attributed the claims to people being upset for having to pay for towing.

The federal jurisdiction argument at issue in the case involves a law passed in 1995 that makes it illegal for states and local governments to enact or enforce a law that regulates the price, route or service of a motor carrier.

"If all they are relying on is the Kansas Consumer Protection Act, these claims are totally pre-emptive by law," Hauber said.

In a brief filed by the state, Deputy Atty. Gen. Bryan Brown argued the federal law does not apply to states attempting to regulate the price of towing a vehicle if the towing is unauthorized, such as if a vehicle's owner was seriously injured and incapacitated after an accident.

Brown cited the case of Brenda Penrod, whose vehicle was towed by TransMasters. Penrod is a Topeka woman who was ejected from a vehicle in a May 2004 accident that involved alcohol along U.S. Highway 40, according to the accident report. Penrod was under the van when emergency responders found her, and she was later flown to a Kansas City area hospital.

"How that could be a consensual tow, I have no idea," Brown told Martin.

During Friday's hearing, in response to a question from Martin, Brown admitted the state's consumer protection law did not specify a maximum legal price.

"There is no formula that can give us an exact number," Brown said.

Brown also said the state asked several area towing companies how much they would charge under similar circumstances.

Compared with those examples, Raasch's prices deviated greatly above the average, Brown said. He compared the prices to being an 11 if four was within the acceptable range.

"We are in what medically is called statistical instability," Brown said.

After the hearing, he also defended the attorney general's effort in the suit against Raasch.

"It's really a case where Phill Kline is on the progressive road at this point," Brown said.

Discussion

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15 April 2006
at 3:27 a.m.

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Ragingbear (Anonymous) says…

But your honor, all towing companies gouge prices. They are singling us out.

And you will do it to, or we won't let your car out of impound. And for every day you delay, we will multiply the fee by 5.
15 April 2006
at 5:31 a.m.

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my2cents (Anonymous) says…

“If all they are relying on is the Kansas Consumer Protection Act, these claims are totally pre-emptive by law,” Hauber said.

Why do we have the KCPA? According to Hauber consumers have no protection. Get raped from the tow service and no recourse. Nice.

Good business. I hoped they get fined on all counts.
15 April 2006
at 6:37 a.m.

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Daemon (Anonymous) says…

Transmasters deserves to be fines, shut down, whatever. I was taken for a lot of money back during a flood in 1998. I never thought to take them to court or anything, but they were not only overly expensive, but were also responsible for extensive damage to the inside of the car because, instead of heeding my request to shift the car into neutral through the passenger window (it was an automatic with the center-shifter) the driver elected to go ahead and open the drivers side door and let in all the water waiting outside, which was not entering my car at that point. They damaged not only the upholstry inside my car, but also damaged personal items that were in my back seat so as to avoid the rain coming in the window.

Seeing this article just reminded me of that—these guys suck at life, don't give them your money!
15 April 2006
at 8:58 a.m.

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unite2revolt (Anonymous) says…

My advice is to use Quality tow, I have always been real happy with them.
15 April 2006
at 8:59 a.m.

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jayhawks71 (Anonymous) says…

Been towed by these guys. What a joke. Hang 'em Kline.
15 April 2006
at 9:26 a.m.

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lonesome_breeze (Anonymous) says…

Marion: Is there any subject you are not the foremost authority? Perhaps spelling??? “Several hundred cars” towed over the years??? Either you have had the worst vehicular luck in the history of mankind, or perhaps your pants are on fire.

Thanks
Breeze
15 April 2006
at 9:40 a.m.

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angelofmine (Anonymous) says…

This is a looong time coming. I've dealt with these guys on an insurance level, and I remember that we had MAJOR disputes over their towing costs. Dealing with the owner brought me to tears once, if I remember right. He would just scream at you, trying to intimidate our company into paying out on his astronomical rates. I was just the lowly receptionist at the time, only 19 years old at that point, and I remember this guy bringing me to tears! I can only imagine what he said to higher ups.

On another note, we broke down in Lawrence while I was on a first date with my now fiancee. (You can imagine how embarrassing THAT must've been!!) Quality Tow towed his truck to Leavenworth for $150.00, and took a detour to drop me off at my apartment. Couldn't have asked for a nicer driver, either.

15 April 2006
at 9:56 a.m.

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CanadianPassport (Anonymous) says…

Suck it, transmasters.
15 April 2006
at 11:16 a.m.

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METALQ2 (Anonymous) says…

Don't worry Kevin, Mommy will bail you out of this one too. She always has before. Working for a living is out of the question for her little boy.
15 April 2006
at 12:08 p.m.

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Jamesaust (Anonymous) says…

'”If all they are relying on is the Kansas Consumer Protection Act, these claims are totally pre-emptive by law,” Hauber said.'

I'm uncertain what “law” Huber is referring to in this statement.

There is a federal law that preempts state and local regulation of towing:
49 U. S. C.Â§14501.
However, subsection (c)(2) creates an express exception that appears to cover the facts mentioned in this article:
“[The statute] does not apply … if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.”

In other words, no 'tow-and-go.'

Perhaps Huber believes that the “owner” and “operator” were severed when the “owner” left the scene of the accident to go to hospital leaving the highway patrol(?) as “operator.”
15 April 2006
at 12:17 p.m.

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mike_blur (Mike Blur) says…

My only experience with towing was Transmasters. I was able to talk them down from $350 to $130. There was no way I was going to pay $350, and I told them I only had $130 in the bank—even made 'em drive me to the ATM.
15 April 2006
at 12:33 p.m.

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bangaranggerg (Anonymous) says…

I'll stand behind the AG on anything relating to prosecution of a jerk towing co.
15 April 2006
at 1:10 p.m.

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TheOriginalCA (Anonymous) says…

We used to live across the street from one of the Transmasters drivers. His Transmaster buddies used to come over and double park and take up the entire street. On top of it, he would get a call, jump in his truck, roar the engine, drive down the street and run the stop sign at the end of the street almost running over kids on their way to Kennedy School. I complained about this to the police and somehow he found out it was me who complained, so it just made him worse. I complained to the owner of the company and he was a total jerk over the whole thing. So basically the Transmaster drivers can operate in any manner they darn well please and to heck with the peace and safety of the community.
15 April 2006
at 2:38 p.m.

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jrlii (Anonymous) says…

I used to be a really satisfied customer of Quality Tow, but they changed hands and have started playing “tow truck driver games.” The last time I tried to use 'em they sent their truck 20 miles the wrong direction and wanted me to pay mileage from there to where I really was and then to where I needed the car taken. I had already called Hillcrest, figuring they weren't going to show up. . .

I have been happy with Bulldog (three times). Hillcrest is a tad higher, but reliable and not unreasonable (twice).
15 April 2006
at 7:55 p.m.

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badger (Anonymous) says…

I've had nothing but bad experiences with Transmaster. The worst was when I had parked in one of the lots where if you're still there at 6am they tow your car. I came hustling up at 5:58 am (I'd worked an all-nighter and was just heading home) to find the Transmaster truck blocking me into my space in the lot and an LPD car idling nearby. I asked the driver to move, and he said he was just filling out some paperwork and would be right out of my way. At 6:01 he got out of his truck and asked me to sign the paperwork he'd been filling out, which was to tow my car for being there after 6, with of course the police officer to witness that fact. It took me twenty minutes and fifty bucks cash to convince them not to tow my car, despite the fact that I was not only willing to move it, but sitting in it with the engine running.

The next time I had to work an all-nighter, I came around the corner at about a quarter till to see the same driver doing the same thing. I walked a little way away and used my cell to call Transmasters and tell them my car was stuck in a ditch on K-10 and I'd need it pulled out and towed to a garage, banking that they wouldn't have that many trucks on duty and he'd rather get the fees from pulling someone out of the ditch than argue with me for another half hour. As soon as he drove off, I got in my car and drove away. The LPD officer followed me for half a block or so, but I wasn't doing anything wrong except being out at an ungodly hour.

I hope that driver wasted at least an hour driving up and down K-10, looking for the driver of a nonexistent dark blue Acura who'd been too flustered to give any clearer directions than, “It's between Lawrence and Eudora, off the road and kind of hard to see.”

15 April 2006
at 8:25 p.m.

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timetospeakup (Anonymous) says…

the owner of transmaster's daughter is an evil, life sucking woman too. At least now I understand how a girl that's never worked a day in her life can afford to always buy dinner for her friends …. daddy!!!
15 April 2006
at 10:53 p.m.

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jayhawks71 (Anonymous) says…

Transmasters are you reading this? Towing companies are at the absolute bottom of the barrel when it comes to being hated by people. Badger, that was great. I normally wouldn't condone such an action, but if your story is true (and I have no reason not to believe you) good for you!
16 April 2006
at 12:30 a.m.

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lunacydetector (Anonymous) says…

what? phill kline is going after some alleged crooks? i thought he was only interested in catching baby rapists and late term abortionists?
16 April 2006
at 8:30 p.m.

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TASZAR (Anonymous) says…

ragingbear
surely not multiplied by 5? Do not all busines transactions have to be documented?

MY 2 Cents
Can you post the KCPA for verification? or at least explain to the rest of us inteligent individuals who have not yet gagiated college?

DAEMON
What is alot of money to YOU?
and do you not have to activate the brake to release the safety feature on the shifter? how old was your “BOAT” any way?

Marion
How much do those trucks cost? I don't know. Several hundred? you think?
Kick backs?

Unite 2 revolt
I wouldn't let - - - - - - - drive my chewed gum around. But nice ol boys though.

Jayhawks71
Oh we like imaginative jokes. Please tells us one, we all need a good laugh these days.

Lonesome-breeze
FUNNY

Angelofmine
What insurance company? Not paying them enough thousands in a year to pay the darn tow bill? Sounds like you need to switch. Let me guess, just like me, you want everything for free too huh?

Canadian Passport
I'm sure we would all appreciate if you keep your secual requests, to yourself.

METALQ2
You two related? Or is he married to your mommy? Come on be more specific next time ol chap.

Jamesast
www.kslegislature.org
www.FMCSA.gov
more research please, and explain it cause I have a tendancy to NOT understand a darn thing.

Mike-blur
What, you hold em at gun point, or is someone here actually sayin they did something nice?

The origianal ICA
Maybe the pd is getting kickback, NAH. Who did you talk to? Satan?

jrlii
I had the same expierience. But no luck with the canine named business. Maybee we should start the citizens tow.

badger
I used to have trouble reading the signs too. Thank Goodness for Uncle - - - - - - and the tutor.

timetospeakup
Daddy's girl wip your booty or something?
Mad cause she's probably smarter, faster, prettier, and loved. OH, and she doesn't have to greet people with “Welcome to Mc - - - - - - - , may I take your order?
Don't worry, I know your Daddy loves you too.

Lunacydetector
Yep, he's got alot on his plate.

It has been so nice reading your posts. Reminds me that my mountain of problems, are just another pile.
Peace to all.
16 April 2006
at 11:57 p.m.

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avetaysmom (Anonymous) says…

timetospeakup, what right do you have saying this? Assuming you know somebody and then putting them down to make yourself feel better just makes you sound jealous and stupid. Something you obviously are, jealous and stupid!! This lawsuit has nothing to do with anyother family members, so I suggest you blog somewhere like ET online where you can put down even more people because they have more than you!!