The city of Chicago is challenging a class action lawsuit alleging predatory towing practices filed by a woman with disabilities who says her van was taken without warning.
Lead plaintiff, Andrea Santiago, asserts in her class action lawsuit that her van was not abandoned and the city of Chicago towed it without mailing her any notice or warning. The plaintiff claims that after getting the “runaround” from the city, officials eventually told her the van had been sold for scrap. Santiago alleged that she never received any of the money from the sale of her van.
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The plaintiff alleges that the practice violates federal and state law. In addition, she sought to represent other Chicagoans whose vehicles had been towed without notice.
“The city, quite literally, is taking citizens’ property — one of the most essential assets someone owns — without any notice by mail,” alleged the class action lawsuit filed in 2019.
In November of 2020, a federal court certified two sets of Class Members.
City Challenges Predatory Towing Class Action Lawsuit Status
The city of Chicago has reportedly challenged the federal court’s ruling, submitting an appeal over the certification of the proposed Classes. The city makes two arguments, first that the class action lawsuit concerns the city’s notification process for vehicles it tows, not the constitutionality of its towing ordinances, and the proper venue should be state court, according to Land Line.
Additionally, the city contends that each allegedly predatory towing situation is so unique, a class action lawsuit would be overbroad.
The city of Chicago also wants to put a stop to discovery and notification of Class Members while its appeal is pending.
“Any such confusion will undoubtedly be attributed to the city and require the city to spend time and resources fielding complaints and responding to claims based upon this confusion,” states the city’s motion. “Until there is certainty regarding the certification order, the public and class members should not be notified.”
The Seventh Circuit Court of Appeals has reportedly granted the appeal.
Predatory Towing Problems Drive Other Class Action Lawsuits
This is not the first class action lawsuit to challenge alleged predatory towing practices in Chicago. In February of 2020, another Chicago resident lodged a complaint over the city’s alleged practice of towing vehicles with unpaid tickets then selling the vehicles for scrap without notifying the owner.
“We see it all over the country on a regular basis, which includes predatory booting schemes, legally questionable drive-away tows, and other forms of nonconsensual towing,” one advocate for independent commercial truck drivers reportedly told Land Line.
“The Chicago Police Department appears to be going after some of these crooked operators, but more can and must be done – not only in Chicago, but all across the country.”
Have you experienced predatory towing? Tell us what happened in the comment section below!
The lead plaintiff and proposed Class Members are represented by Myron Cherry, Jacie Zolna, Benjamin Swetland, Jeremiah Nixon and Jessica Chavin of Myron M. Cherry & Associates LLC.
The Chicago Towing Class Action Lawsuit is Santiago v. City of Chicago, Case No. 1:19-cv-04652, in U.S. District Court for the Northern District of Illinois, Eastern Division.
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One thought on Predatory Towing Class Action Lawsuit Delayed by City of Chicago’s Challenge
I let a friend use my car and he got arrested. Car was towed I was told I had to pay 2500. When I tried to contest the charges I was told the car was destroyed. 3 months later I was told I owed the City of Chicago almost 6000 dollars for storage of my vehicle. City of Chicago confiscates my taxes.