Proposed class action alleges Tampa towing company improperly charged $250 lien release fee

TAMPA, Fla. (WFLA) — A Tampa man who admits he parked in the wrong spot says one charge on his towing bill never should have been there.

“And, you know what? We parked wrong,” James Adair said.

Adair is the lead plaintiff in a proposed class action lawsuit against CommTow, a Tampa towing company. The lawsuit alleges the company improperly charged him a $250 lien release fee before Hillsborough County’s required 48-hour waiting period.

According to the lawsuit, Adair’s SUV was towed from the Atlis Grand Central parking garage in September 2024. He returned the next morning to retrieve it and paid more than $500 to get his vehicle back. The lawsuit alleges the bill included towing, storage, mileage, a gate fee and a $250 lien release fee, even though Adair picked up his car less than 12 hours after it was towed.

“I was already paying the stupid tax because I parked somewhere I shouldn’t have been, but that seemed high,” Adair said. “When I saw the bill, I was so angry… at the same time, you need your car back.”

The lawsuit does not challenge whether Adair’s SUV should have been towed. Instead, it alleges the lien release fee was charged before Hillsborough County’s towing resolution allowed it. The county’s towing resolution states a lien notice cannot be filed or served, and a charge for processing a lien notice cannot be imposed until 48 hours after a car is stored.

Attorney Craig Rothburd, who represents Adair, said the dispute is not over whether towing companies can charge a lien release fee.

“The lien fee is something that they’re allowed to charge. It’s up to $250 by statute. However, in Hillsborough County, we have an ordinance that says you’re not allowed to charge it for the first 48 hours. When Mr. Adair picked up his vehicle that was towed Saturday night on a Sunday, he never should have had a lien release fee.”

The proposed class action alleges the practice extended beyond one customer.

“We did some public records requests to Hillsborough County and found out there were well over 1,000 people that this had happened to,” Rothburd said.

The lawsuit seeks to represent other drivers who were charged a lien release fee within 48 hours of their vehicles being towed in Hillsborough County.

A Hillsborough County judge recently denied CommTow’s motion to dismiss, allowing the lawsuit to move forward. The judge has not ruled on whether the allegations are true.

8 On Your Side called CommTow seeking comment. The person who answered referred us to the company’s administrator. We followed up by email asking whether the company denies the allegations, whether its policies have changed and whether it believes its fees comply with Hillsborough County’s towing rules.

CommTow’s attorney requested additional time to respond. This story will be updated if the company provides a statement.

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