Top Class Actions  |  May 10, 2023

Category: Closed Class Actions

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Close up of Home Depot signage in NYC, representing the New York City Home Depot vehicle booting class action lawsuit settlement.
(Photo Credit: Northfoto/Shutterstock)

Consumers may be able to receive a refund from a towing class action lawsuit settlement if their vehicle was subject to booting at a New York City Home Depot.

The class action settlement benefits individuals who paid more than $25 after their car was booted by B&M Towing Inc., B&M Electronic Diagnostic Repair Service Inc. or NY Booting at one of the following Home Depot stores in 2021 or 2022:

  • 92-30 168th St., Jamaica, New York 11433
  • 73-01 25th Ave., East Elmhurst, New York 11369
  • 131-35 Avery Ave., Flushing, New York 11355
  • 112-20 Rockaway Blvd., South Ozone Park, New York 11420
  • 75-09 Woodhaven Blvd., Glendale, New York 11385
  • 132-20 Merrick Blvd., Jamaica, New York 11434
  • 50-10 Northern Blvd., Long Island City, New York 11101
  • 124-04 31st Ave., Flushing, New York 11354
  • 59-15 Maurice Ave., Maspeth, New York 11378
  • 579 Gateway Drive, Brooklyn, New York 11239

According to the class action lawsuit, B&M Towing and other towing companies violated New York City law by overcharging to remove boots from towed cars. Although booting fees are legal under New York City law, companies are not allowed to charge more than $25 to remove boots.

B&M Towing is a New York-based towing company. The company’s Better Business Bureau profile shows numerous complaints regarding B&M’s vehicle towing and booting policies. 

The New York City Department of Consumer and Worker Protection (DCWP) is administering a settlement to resolve the towing and booting allegations.

Under the terms of the settlement, consumers can receive a refund for the booting fees they paid over $25. 

Consumers can receive full refunds on a first come, first served basis. Once no money remains in the settlement fund, no more refunds will be issued. 

There is no exclusion or objection deadline in the vehicle booting settlement.

No final approval hearing date is listed on the settlement website.

In order to receive a settlement payment, consumers must submit a valid claim form by July 19, 2023.

Who’s Eligible

Individuals who paid more than $25 after their car was booted by B & M Towing Inc., B & M Electronic Diagnostic Repair Service Inc. or NY Booting in one of the following Home Depot stores in 2021 or 2022:

  • 92-30 168th St., Jamaica, New York 11433
  • 73-01 25th Ave., East Elmhurst, New York 11369
  • 131-35 Avery Ave., Flushing, New York 11355
  • 112-20 Rockaway Blvd., South Ozone Park, New York 11420
  • 75-09 Woodhaven Blvd., Glendale, New York 11385
  • 132-20 Merrick Blvd., Jamaica, New York 11434
  • 50-10 Northern Blvd., Long Island City, New York 11101
  • 124-04 31st Ave., Flushing, New York 11354
  • 59-15 Maurice Ave., Maspeth, New York 11378
  • 579 Gateway Drive, Brooklyn, New York 11239
Potential Award

Varies

Proof of Purchase

Proof of booting fee paid (receipts, invoices or account statements) that shows the booting date, location and any additional information

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/19/2023

Case Name

N/A

Final Hearing

N/A

Claims Administrator

NYC Department of Consumer and Worker Protection
Attn: Legal Operations Director
42 Broadway, 9th Floor
New York, NY 10004
ConsumerRestitution@dcwp.nyc.gov
212-436-0333

Class Counsel

N/A

Defense Counsel

N/A

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.