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Ayala’s Managing Partner’s Article Highlighting New Developments in Unlawful Towing Laws Published in the Stetson Law Journal of Advocacy

By October 2, 2024No Comments

Our managing partner, Eduardo A. Maura, Esq., recently had his article published in the notable law review, Stetson Journal of Advocacy and the Law. The article, titled โ€œThe Unglamorous World of Towing Litigation: Florida Law is Rewritten,โ€ takes a deep dive into the complex and often frustrating world of towing litigation in Florida.

Eduardoโ€™s in-depth analysis brings much-needed attention to the recent changes in Floridaโ€™s towing lawsโ€”changes that directly impact consumers, especially those who own high-value vehicles like luxury cars, trailers, and semi-trucks. As a firm that actively works on towing litigation cases, we know firsthand the challenges vehicle owners face when dealing with unlawful tows and the predatory practices that can follow. Eduardoโ€™s work highlights how some recent court decisions have undermined consumer rights, making it harder for victims of unlawful towing to seek justice.

A Look at the Key Issues Addressed in the Article

The article starts by exploring the practical challenges that individuals face in towing disputes. Imagine waking up and realizing that your car has been towed from your own parking spaceโ€”no signs, no notice, and no idea where it was taken. Eduardo brings attention to the real stories of ordinary people who have had to go through this ordeal, often ending up poorer, more frustrated, and in a worse situation than before. He paints a vivid picture of what itโ€™s like to be at the mercy of towing companies that seem to operate above the law.

He also discusses Fla. Stat. ยง715.07, the key legislation governing towing practices, and how its interpretation has shifted over time. This statute was initially meant to provide strong civil remedies for those subjected to illegal towing. However, recent cases, including Mallery v. Norman L. Bush Auto Sales & Serv. and Am. Towing of Miami, LLC v. Espinal, have complicated the landscape by focusing on criminal penalties rather than civil liability. These shifts have ultimately made it even harder for vehicle owners to recover damages and hold towing companies accountable.

Eduardo goes on to explain how the towing industry, bolstered by a powerful lobby, has pushed for amendments that further weaken the protections offered by the law. For example, he discusses how the statutory requirement for โ€œstrict complianceโ€ with towing regulations has now been replaced by a more ambiguous โ€œsubstantial complianceโ€ standard, creating loopholes that towing companies can exploit.

Why This Matters to Vehicle Owners

For owners of high-value vehiclesโ€”including luxury cars, semi-trucks, and trailersโ€”the stakes are high. A tow isnโ€™t just an inconvenience; it can mean a significant financial hit, especially when improper towing results in damage, or worse, the illegal sale of your vehicle.

Eduardoโ€™s article serves as an important guide for consumers to understand their rights and the pitfalls of these towing laws. Itโ€™s a call to action for the Florida Legislature to revisit and clarify these laws to ensure that they truly serve the public good rather than becoming a tool for predatory towing companies.

Our Role in Towing Litigation

At Ayala Law, we specialize in towing litigation, focusing on representing owners of high-value vehicles who have been wrongfully towed or had their vehicles unlawfully sold. Eduardoโ€™s extensive knowledge in this area, as demonstrated in his recently published article, is just one example of the expertise we bring to the table as a law firm.

Our firm has firsthand experience handling these difficult cases and helping clients navigate the challenges of Floridaโ€™s towing laws. Our goal is to ensure that your rights are protected and that predatory towing companies are held accountable for their actions.

We encourage everyone to read Eduardoโ€™s article on the Stetson Journal of Advocacy and the Law, as it provides a comprehensive look at the nuances of towing litigation and sheds light on the critical issues facing consumers today.

Read the Full Article Here

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