Join Club

JUST IN: Advanced Towing ordered to pay only $750 in Attorney General’s lawsuit

Advanced Towing truck in Clarendon

(Updated, 10:35 p.m.) The Arlington Circuit Court finally came to a decision in Virginia Attorney General Mark Herring’s lawsuit against Advanced Towing after last month’s multi-day trial.

The court has ordered the towing company, whose tactics have angered many in Arlington, to pay a civil penalty of just $750 for five separate violations. That’s a far cry from the $650,900 that the Attorney General’s office was seeking at trial.

“Although the Defendant’s conduct is sanctionable, the Court is constrained by the remedies available in both the Virginia and Arlington County Code,” wrote Judge William Newman in an opinion letter sent to both sides late Wednesday afternoon.

Additionally, the court did not issue an injunction against the towing company, writing that while there were “deficiencies” in Advanced Towing’s business practices and record keeping, the court “does not find evidence to issue a permanent injunction against Defendant.”

Chap Petersen, Advanced Towing’s attorney — as well as a Virginia state Senator — said at trial that he believed “the office of the Attorney General wants to put my client out of business.” He said the ruling largely vindicates the company and owner John O’Neill.

“While disappointed that the Court made any findings against our client, we feel vindicated in that the Court only assessed a $750 fine for the [five] found violations,” writes Petersen in a statement to ARLnow.

The court assessed one $150 civil penalty for not safely securing consumer vehicles with straps, one $150 civil penalty for not updating contract changes for a commercial parking lot in Ballston, and three $150 civil penalties for employing three drivers that were not registered with the Virginia Department of Criminal Justice Services (DCJS).

During the trial, the AG’s office, represented by Assistant Attorney General Erin Witte, called Advanced Towing’s practices “predatory, illegal, and dangerous.” To prove this, they called up a parade of witnesses, including Arlington County police officers and drivers who had their cars towed.

The court found merit in only some of the Attorney General’s claims.

The AG’s office argued that Advanced Towing didn’t clearly mark parking spaces at the Ballston lot, near Gold’s Gym on Wilson Blvd, leaving consumers confused. However, the court ruled the spots were properly labeled and signs properly posted and, therefore, didn’t assess a civil penalty.

Additionally, the AG’s office claimed that Advanced Towing didn’t have copies of towing contracts available for public inspection. But the court ruled that the relevant contracts were available to the public and, also, didn’t assess a civil penalty for that.

“Advanced Towing has been found to have violated the law and it’s time for the company to clean up its act. I am disappointed that the Court only awarded $750 in civil penalties and did not award restitution to consumers, especially the victims of Advanced’s dangerous towing practices who voluntarily testified in court to tell their story,” Virginia Attorney General Mark Herring wrote in a statement to ARLnow. “Advanced Towing has employed predatory and illegal towing practices for years, costing Virginia consumers hundreds, if not thousands of dollars, and it deserves to be held accountable for its actions. I am proud of the hard work my Consumer Protection Section has done on this case, and we will not stop going after bad actors who prey on Virginians just trying to go about their daily lives.”

Petersen noted that, before the trial, the Attorney General’s office offered to settle the case over the summer for $780,000 and an injunction against certain practices by the company.

“I think the difference between the AG’s offer and the Court’s decision speaks for itself,” he said.

While it remains possible that the Attorney General could appeal the ruling, Herring lost his bid for a third term last week, putting further action in the case into question.

A final decree is scheduled to be presented to both sides in court on December 10.

Recent Stories

Walk to Ballston and Clarendon Metro, shops, restaurants, parks, bikepath

Police are investigating a crash and a carjacking that might be linked. Arlington County police responded to a crash around 9:20 p.m. tonight (Thursday) on Route 1 at 12th Street…

Good Thursday evening, Arlington. Today we published articles that were read a total of 12587 times… so far. 📈 Top stories The following are the most-read articles for today —…

This past week saw 24 homes sold in Arlington. The least expensive condo, single-family home or townhouse sale over the past seven days was $264,000 while the most expensive was…

St. Charles offers a play-based curriculum in a welcoming, Christ-centered environment.

Our program focuses on socio-emotional development and kindergarten readiness through hands-on and engaging activities. Our programs offer different schedules ranging from 7:30 am-5:30 pm for students, ages 2-5. We feature a full-day Jr. kindergarten class for older 4’s/5’s. Our facility includes a full-sized gymnasium, school chapel, and library. All of our students enjoy music and physical education weekly. Children have an opportunity to participate in enrichment classes such as soccer, basketball, ballet, and science.

We offer Summer Camp with weekly themes and twice a week water play, including Fun Friday moon bounce. Please join us for our Open House Feb. 3 at 9:30 am and 11:00 am. Click here to sign-up.

For more information or to schedule a tour, visit us at www.stcharlesarlington.org or call (703) 527-0608.

Submit your own Announcement here.

If you are a lifelong learner over 50+ who wants to make new friends, power up your brain, and enjoy a wide-variety college-level courses, Encore Learning is for you. An Arlington based nonprofit, Encore Learning offers courses in the arts, theater, literature, history, technology and more. This semester we offer our most popular course, Global Hot Spots as well as 25 new courses. Courses are presented either online or in-person at George Mason University at Virginia Square and other Arlington locations.

Join the free presentation to learn about courses and meet the instructors. This is Encore Learning’s signature event to highlight the upcoming semester with brief presentations by each instructor.

The Spring Course Preview event is Thursday, February 2nd at 9:30 AM via Zoom: 

https://us02web.zoom.us/j/84855394419

Read More

Submit your own Announcement here.

First-time Moms Meet & Greet

The truth, your first pregnancy and new mom months are full of twists and turns, ups and downs, and lots of questions! None of us really know the best way to do it – we just figure it out, together…

×

Subscribe to our mailing list