USPS

CA Excessive Towing Charge Penalty

Cal. Veh. Code § 22658(i)(j)

Charging fees in excess of CHP-approved rates or rates in the law enforcement agreement constitutes a misdemeanor. The vehicle owner is entitled to four times the amount of the overcharge in civil damages. This applies to tow fees, storage fees, and any other charges.

CA Credit Card Acceptance Required

Cal. Veh. Code § 22658(k)

Towing companies must accept credit cards for payment of towing and storage fees. Refusing to accept a credit card is a misdemeanor punishable by a fine up to $2,500, imprisonment up to 3 months, or both. Cash-only policies are illegal.

Fair Credit Billing Act

15 U.S.C. § 1666 (amendment to Truth in Lending Act)

Protects consumers from unfair billing practices on credit accounts. Gives the right to dispute billing errors within 60 days. Creditors must acknowledge disputes within 30 days and resolve within 2 billing cycles (max 90 days). Charges in dispute cannot be reported as delinquent during investigation.

FTC Cooling-Off Rule

16 CFR Part 429

Gives consumers 3 business days to cancel purchases of $25 or more made at a location that is not the seller's permanent place of business (door-to-door sales, trade shows, etc.). Seller must provide a cancellation form at time of sale. Does not apply to online, mail, or telephone purchases.

Fair Debt Collection Practices Act (FDCPA)

15 U.S.C. §§ 1692-1692p

Prohibits abusive, deceptive, and unfair debt collection practices by third-party debt collectors. Collectors cannot call before 8am or after 9pm, use threats or obscene language, or misrepresent the amount owed. Consumers can request written verification of the debt within 30 days and demand that collectors cease contact.

Telephone Consumer Protection Act (TCPA)

47 U.S.C. § 227

Restricts telemarketing calls, auto-dialed calls, prerecorded calls, and text messages. Requires prior express consent for marketing communications. Consumers can sue for $500-$1,500 per violation. Established the National Do Not Call Registry.

CA Towing Signage Requirements

Cal. Veh. Code § 22658(a)(1)

Private property tow-away signs must be posted at every entrance to the property, at least 17" x 22" with 1" lettering, clearly visible. Signs must include the telephone number of the towing company and the address of the storage facility. Non-compliant signage makes the tow unauthorized.

CA Written Authorization Required for Tow

Cal. Veh. Code § 22658(a)

The property owner or agent must provide the tow company with a signed written authorization that includes: the make, model, VIN, and license plate of the vehicle; the grounds for removal; the time the vehicle was first observed; and the time removal was authorized. Tow without proper written auth is unauthorized.

CA One-Hour Parking Rule

Cal. Veh. Code § 22658(a)

A vehicle cannot be towed from private property within one hour of the vehicle being parked. The vehicle must be observed as unauthorized for at least one hour before removal can be authorized. Violation of this rule is a misdemeanor.

CA Drop Fee / Release Before Departure

Cal. Veh. Code § 22658(h)

If the vehicle owner returns before the tow truck has left the property with the vehicle, the tow operator must release the vehicle. The maximum charge for this 'drop fee' is one-half of the posted tow rate. Refusing to release or charging more is a violation.

CA 24-Hour Storage Cap

Cal. Civ. Code § 3068.1

If a vehicle is released within 24 hours of being stored, the storage facility may only charge for one day of storage. Prorating or charging multiple days within the first 24 hours is prohibited.

CA Unfair Competition Law (Towing)

Cal. Bus. & Prof. Code § 17200

Any violation of Vehicle Code § 22658 constitutes an unlawful business practice under California's Unfair Competition Law. Remedies include restitution of all amounts paid and injunctive relief to prevent future violations. No proof of intent required.

CA Consumer Legal Remedies Act (Towing)

Cal. Civ. Code § 1770

Predatory towing practices may violate CLRA, entitling consumers to $1,000 minimum statutory damages plus actual damages, punitive damages, and attorney fees. Requires sending a 30-day demand letter before filing suit. Applies to deceptive or unfair acts in consumer transactions.

Magnuson-Moss Warranty Act

15 U.S.C. §§ 2301-2312

Requires manufacturers and sellers who offer written warranties on consumer products to provide clear and detailed information about warranty coverage. Prevents companies from voiding warranties for using third-party parts or services. Gives consumers the right to sue for breach of warranty and recover attorney fees.

San Mateo City Towing Permit Requirement

San Mateo Municipal Code § 5.76.010

All tow companies operating within the City of San Mateo must hold a valid city towing permit. Operating without a permit is a violation of the municipal code. Verify the company's permit status with the city before paying any charges.

San Mateo Chase Towing Prohibition

San Mateo Municipal Code § 5.76.100

Tow companies may not respond to tow opportunities in the City of San Mateo unless specifically requested by the vehicle owner, law enforcement, or a city officer. 'Chase towing' — monitoring parking lots and towing vehicles without being called — is prohibited.

CA Storage Facility 10-Mile Radius

Cal. Veh. Code § 22658(n)

The storage facility where the vehicle is taken must be located within 10 miles of the location from which the vehicle was towed. Towing to a facility beyond this radius is a violation and grounds for recovery of all charges.

CA Business Hours & After-Hours Release

Cal. Veh. Code § 22658(n)

Storage facilities must be open for vehicle release Monday through Friday, 8:00 AM to 5:00 PM. After-hours release must be accommodated within one hour of the owner's request. The maximum after-hours gate fee is one-half the hourly tow rate.

CA Grounds Disclosure Requirement

Cal. Veh. Code § 22658

The towing company must state the grounds for the vehicle's removal upon request by the vehicle owner. Failure to disclose grounds makes the tow company liable for twice the towing and storage charges paid.

CA Personal Property Retrieval Right

Cal. Veh. Code § 22651.07(c)(1)

Vehicle owners have the right to retrieve personal belongings from their towed vehicle at no charge during the storage facility's normal business hours. The facility cannot charge an access fee or condition retrieval on payment of towing/storage fees.