Cedar Towing Given a Tough Line to Tow by Nichols Kaster, PLLP’s Successful Bid for Class Certificaction

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Minneapolis limits the amount and type of fees that tow companies like Cedar can charge unsuspecting vehicle owners for its towing services. As alleged in the complaint, Cedar purportedly violated these rules—charging premature fees and unauthorized fees.

Nichols Kaster, PLLP
No one likes getting towed. Being charged for fees that exceed the legal caps adds insult to injury.

On October 16, 2012, Judge Susan Robiner of the Hennepin County District Court certified a class action lawsuit against Cedar Towing & Auction, Inc.

Minneapolis limits the amount and type of fees that tow companies like Cedar can charge unsuspecting vehicle owners for its towing services. As alleged in the complaint, Cedar purportedly violated these rules—charging premature fees and unauthorized fees.

The Court ruled last week that Plaintiffs could represent not only themselves, but other vehicle owners in this litigation. More specifically, according to the Order, the class will consist of all vehicle owners who had their vehicles towed by Cedar Towing from privately owned property located within the City of Minneapolis, and who subsequently retrieved their vehicles, at any time from September 1, 2008 until October 31, 2012.

According to the Order, certification of this class was appropriate because Cedar had a uniform towing practice that subjected all vehicle owners “to the same allegedly unlawful conduct, and [because] their claims are based on the same legal theories.”

“No one likes getting towed. Being charged for fees that exceed the legal caps adds insult to injury,” commented E. Michelle Drake, attorney for the Plaintiffs and the Class. “By ensuring that all vehicle owners’ can seek redress in a single action, the Court’s ruling cuts to the heart of Cedar’s strategy, namely to harm lots of people, just a little bit at a time. This case is a textbook example of the kind of case that warrants class certification.”

Plaintiffs Wayne Spar and Mandy Jo Kapellusch are represented by E. Michelle Drake and Rebekah L. Bailey from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case is entitled Wayne Spar v. Cedar Towing & Auction, Inc., No. 27-cv-11-24993.

Copies of the Court’s decisions can be found on Nichols Kaster’s website at http://www.nka.com/cedartowing. Additional information about the case is located at http://www.nka.com or may be obtained by calling Nichols Kaster, PLLP toll free at (877) 448-0492.

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Rebekah Bailey
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