A Tampa driver is taking a local tow yard to court, accusing CommTow LLC of tacking on a $250 “lien release” fee even when cars are picked up soon after they are towed. In a proposed class-action lawsuit, lead plaintiff James Adair says he shelled out more than $500 to get his SUV back after it was towed from the Atlis Grand Central parking garage in less than 12 hours. The suit aims to cover other drivers who were hit with the same fee within a short window after their vehicles were impounded.
What the lawsuit says
The complaint claims CommTow slapped on a $250 administrative “lien release” charge almost immediately after impounding vehicles, then refused to release cars unless the fee was paid, even though local timing rules had not yet kicked in. Attorney Craig Rothburd, who represents Adair, told reporters the fee “is allowed by statute but cannot be charged within the first 48 hours” in Hillsborough County. The lawsuit names Adair as the lead plaintiff and seeks refunds and wider relief for anyone charged within that 48-hour window, according to WFLA.
How state law frames the fee
Florida law allows an administrative lien-release fee of up to $250 but also lays out notice and filing steps that control when a lien actually exists and when related charges can be added. The plaintiffs say they are not attacking the dollar amount so much as the timing and paperwork behind it. Their argument is that the company had to follow the statutory timeline and notice process before collecting the fee at all. For the statutory cap and filing rules, see Florida Statute 713.78.
Complaints and the company's footprint
Consumer complaints on the Better Business Bureau and other review sites describe multiple customers being charged the $250 lien-release fee by CommTow and arguing that it came too early in the process. The Hillsborough County Tax Collector lists CommTow as a contracted impound operator, and public records and business listings place the company at a yard on West Hillsborough Avenue. Plaintiffs say those complaints and public records help show that many drivers were likely affected and could be eligible for refunds.
Judge's ruling keeps case alive
A Hillsborough County judge has denied CommTow's motion to dismiss, which keeps the lawsuit alive and opens the door to discovery. That step could bring internal company records and county contract files into the case. Lawyers for the plaintiffs say they plan to push for class certification and will seek invoices and lien paperwork to map out how the fee was used. CommTow's attorney asked for extra time to respond to media questions, according to WFLA. What turns up in the coming months of discovery will help determine how many drivers might fall into any certified class and how large a potential refund pool could be.
Legal implications
The core legal issue is whether the lien-release fee was charged only after a valid lien arose and the required notices and waiting periods had run, rather than simply whether the fee stayed within the $250 cap. If plaintiffs can prove the fee was imposed before a lawful lien existed, the case could lead to refunds, statutory damages, and changes in how towing companies in the area handle administrative charges. For readers interested in the exact statutory language that sets the $250 limit and related rules, see Florida Statute 713.78.
