DENVER — A class action lawsuit against Wyatts Towing and its parent company, Towing Holdings LLC, claims the company is failing to follow the state's towing bill of rights.
"So we really just want Wyatts to respect the law and follow the law," said Andrea Chiriboga-Flor, executive director at Justice for the People Legal Center.
When it comes to Wyatts Towing, many around town can tell you a story of how they've been towed.
Chiriboga-Flor said under the state's towing bill of rights, many claims of unfair towing are spot on.
"We know this is affecting thousands and thousands of people in Colorado," Chiriboga-Flor said. "This is the biggest towing company in the state and we want to make sure everyone gets the justice they deserve."
Chiriboga-Flor said the legal nonprofit filed a class action lawsuit against Wyatts Towing and its parent company, saying they're raking in "tens of millions of dollars annually by unlawfully towing thousands of vehicles across the state".
Hailey How's case is at the center of the lawsuit after she parked at a friend's apartment over the summer.
"And a few hours later, her car was gone," Chiriboga-Flor said." And she had specifically parked in guest parking, she had not parked in a reserved parking spot, not a handicapped parking spot, wasn't blocking any entries."
Chiriboga-Flor said How wasn't given 24 hours' notice, wasn't in a reserved spot and Wyatts hadn't been able to provide pictures of the tow — in violation of the towing bill of rights. And yet, court records say it cost How nearly $387.18 to get her car back.
"It's not unique, what she experienced. It seems like Wyatts is trying to skirt the 24-hour notice requirements by creating loopholes," Chiriboga-Flor said.
Chiriboga-Flor said this suit seeks to get How's money back and do the same for others in situations just like hers.
"We've seen in the past, a lot of companies don't do what's right until they're forced to do that. And unfortunately, we've had to take this step," she said.
But beyond that, Chiriboga-Flor said they hope it sends a message that Wyatts and towing operators around the state have to follow the law.
"If there's no consequences for Wyatts, real, tangible consequences, these abuses are going to continue," Chiriboga-Flor said. "And that's what we're trying to prevent."
Jason Dunn, the lead attorney for Wyatts Towing, released a statement about the class action lawsuit, saying, "On its face, the suit appears to lack any factual basis and was filed before the plaintiff’s attorneys have even gathered any information. It appears to be largely just speculation."
Dunn said that "Wyatts makes every effort to follow the law in every situation and is confident that in the vast majority of cases it does so." He added that they're confident the lawsuit will not be successful and that the court will see it as meritless.
As for the Colorado Attorney General's Office probe into Wyatts Towing practices, a spokesperson for the office says that investigation is still ongoing.
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