State of Connecticut Office of the Attorney General
10/29/2024 | Press release | Distributed by Public on 10/29/2024 09:52
Attorney General Tong Announces Settlement with Hilario's Towing Over Illegal Junk Fees
Press Releases
10/29/2024
Attorney General Tong Announces Settlement with Hilario's Towing Over Illegal Junk Fees
(Hartford, CT) - Attorney General William Tong today announced a $65,000 settlement with Hilario Truck Center and Hilario's Service Center, resolving an investigation into thousands of dollars of illegally collected junk fees.
"Hilario's charged junk fee after junk fee, violating state statutes and significantly overcharging drivers or their insurers. If you were towed by Hilario's, you may be entitled to restitution. In addition to consumer refunds, our settlement ends these excessive charges and requires Hilario's to pay $10,000 to the state. Tow fees are all-inclusive and tightly regulated by the state. Getting towed is stressful enough; no one should be subject to excessive illegal junk fees," said Attorney General Tong. "Other wrecking companies charging these fees are on notice."
"Processes are in place to ensure consumer protection, beginning with transparency in regards to fees," said DMV Commissioner Tony Guerrera. "Consumers who have been wronged can complete a formal complaint against Connecticut licensed dealers or repairers using Form K-35."
Hilario Truck Center and Hilario's Service Center are wrecking companies with locations in Newtown and Danbury that provide tow services for both law enforcement and private property owners.
In 2022, DMV referred numerous consumer complaints regarding Hilario fees to the Office of the Attorney General, including unlawful fees for use of personal protective equipment, fees for towing vehicles within Hilario premises, fuel surcharges, escort fees, truck cleaning fees, fees for standard use equipment such as straps and shackles, administrative fees, claims handling fees, processing fees, and other non-permitted junk fees.
Tow fees are set by the Department of Motor Vehicles and are intended to be all-inclusive. DMV regulations authorize a set tow charge for light duty tows and an hourly rate for heavy-duty tows, both of which are intended to be all-inclusive. Wreckers may charge for additional "exceptional services" rendered at the scene of an accident.
Consumers whose vehicles were towed by Hilario's should review this release and the terms of the settlement carefully. Consumers whose vehicles were towed by Hilario's at the request of police or traffic authorities, and who personally paid certain categories of fees to Hilario's, may be eligible for a refund of such fees.
The settlement applies only to tows initiated by the police or traffic authorities. It does not apply to tows ordered by private property owners or by consumers themselves.
Consumers who may be eligible include:
• Consumers (including businesses) whose vehicles were towed by Hilario's after January 1, 2019 at the arrangement of a law enforcement officer or traffic authority, who personally paid one or more of the listed categories of fees, and who submit a written request with documentation to Hilario's before April 22, 2025.
Consumers who are not eligible include:
• Consumers whose vehicles were towed by Hilario's at the arrangement of a private property owner or the consumers themselves;
• Consumers whose fees for towing services were paid by an insurance company;
• Consumers who were charged fees only on December 31, 2018, or before.
Consumers must submit a written request directly to Hilario's with documentation of their expense to be eligible for a refund. The written request should be submitted to 131 Mount Pleasant Road, Newtown, Connecticut, 06470. The written request must be submitted by April 22, 2025.
Consumers who were charged, and paid Hilario's, the following charges may be eligible for a refund:
For vehicles under 10,000 pounds gross vehicle weight rating (including most cars and trucks):
a. A fee to release a Towed Vehicle to its owner or a person legally entitled to its custody, whatever such fee is called, Including a "gate" fee;
b. A fee to move a Towed Vehicle from one area on Defendants' property to another;
c. A fee to allow a Consumer or Representative to access a Towed Vehicle or its contents, whatever such fee is called, Including a "yard assistance" or "escort" fee;
d. A fee for the use of any radios and other communication devices;
e. A fee for safety equipment, Including a hard hat, safety vest, or safety glasses provided to a Customer or Representative, whatever such fee is called, Including a "PPE" fee;
f. A separate fee for the use of other equipment, Including blocks, shackles, chains, hand tools, straps, winches, dollies, or pans or drums, and including a "service truck" fee or any other fee for another vehicle of Defendants' to travel to, or be present at, a scene;
g. A fee to clean, put away, restore, or reset any equipment;
h. A fee for use of fluid absorbent products, Including Speedy Dry and similar products;
i. A "call out" fee or other fee for attending a scene;
j. A "loadout fee"; or any other fee for preparing or equipping a tow truck or other vehicle of Defendants' for use; or
k. Any administrative surcharge or additional fee on services rendered, including without limitation any "administrative" or "administration" fee and any fuel surcharge, unless, and to the extent, specifically permitted by the Commissioner of Motor Vehicles.
For vehicles over 10,000 pounds gross vehicle weight:
a. A charge for a minimum number of hours greater than one, and
b. For services over one hour, charges for increments over such hour in larger than 15-minute increments; and
c. A Mileage Charge where an Hourly Rate is charged for medium and heavy duty Nonconsensual Tows, in compliance with Regs. Conn. State Agencies § 14-63-36b(6).
Assistant Attorney General Joe Gasser assisted the Attorney General in this matter.
Media Contact:
Elizabeth Benton
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Consumer Inquiries:
860-808-5318
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