Modzelewski’s Towing & Recovery, Inc. v. Comm’r of Motor Vehicles

The Department of Motor Vehicles found that Plaintiff, a towing service, had overcharged for the nonconsensual towing of a motor vehicle trailer and ordered Plaintiff to pay restitution in the amount of $12,787 to the trailer’s insurer. In so finding, the Department rejected Plaintiff’s claim that Connecticut’s statutes and regulations regarding nonconsensual towing services are preempted under 49 U.S.C. 14501(c)(2)(C). The trial court reversed in part, concluding that the fees charged by Plaintiff were not subject to state regulation. The Supreme Court reversed the trial court’s judgment with respect to the determination that state regulation of fees charged for pretowing recovery services provided in connection with a nonconsensual towing is preempted by federal law, holding that state laws regulating the fees charged for recovery services performed in connection with a nonconsensual towing are not preempted by federal law. View "Modzelewski's Towing & Recovery, Inc. v. Comm’r of Motor Vehicles" on Justia Law