A proposed class action says a Tampa towing company added a $250 lien release fee to bills before Hillsborough County's required 48-hour waiting period had run — including for drivers who came for their cars the same night. CommTow disputes the claims, and a judge has let the case move forward.
Allegations Only · No Settlement
This article describes a pending class action complaint. The statements below are unproven allegations. CommTow, LLC has publicly disputed the claims, no court has found the company liable, no class has been certified, and there is nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action in Hillsborough County alleges that a Tampa towing company charged drivers a $250 "lien release" fee at a point when, under the county's own ordinance, it was not yet allowed to.The case is Adair v. CommTow, LLC, No. 24-CA-009202, filed November 18, 2024 in Florida's Thirteenth Judicial Circuit for Hillsborough County. The named plaintiff says his SUV was towed from a parking garage in Tampa's Grand Central district, that he went to retrieve it within about 12 hours, and that the bill he was handed to get it back came to more than $500 — including the $250 lien release charge.
The complaint's theory is narrow and specific. It does not argue that a lien release fee is illegal in Florida. It argues that Hillsborough County requires a 48-hour waiting period before one can be charged, and that CommTow collected the fee inside that window. On that basis it alleges violations of the Florida Consumer Collection Practices Act and the Florida Deceptive and Unfair Trade Practices Act.
CommTow has publicly disputed the allegations. The company asked the court to dismiss the case, and a Hillsborough County judge denied that motion, which kept the lawsuit alive and moved it into discovery.
What a Lien Release Fee Actually Is
This is the piece most drivers have never had explained to them, and it is the whole case.When a towing company takes a vehicle, it can acquire a lien on that vehicle for the towing and storage charges it is owed. Perfecting and then releasing that lien involves paperwork, and Florida law lets an operator charge an administrative fee for it. That much is not in dispute.
The dispute is about timing. The lawsuit's position is that a Hillsborough County ordinance bars charging the fee during the first 48 hours after a tow — the logic being that when an owner turns up the same night, there is no lien process that has meaningfully begun, and so no paperwork to charge for. Plaintiff's counsel has framed it as a fee that is allowed by statute but cannot be charged within the first 48 hours in that county.
Whether the ordinance means what the complaint says it means is a question the court has not yet resolved. Denying a motion to dismiss is not a ruling that the plaintiff is right; it means the allegations, taken as true at that early stage, state a claim that can proceed.
Why This Case Is Worth Watching
Towing disputes are usually small enough to be uneconomical to fight. A driver pays $500 to get a car back, feels overcharged, and moves on, because hiring a lawyer over $250 makes no sense. That asymmetry is exactly the gap class actions exist to close: one $250 charge is not worth litigating, but a thousand of them is.The case also lands in a broader moment for Tampa-area towing. Local reporting has covered scrutiny of tow operators in the region, and Hillsborough County's rules on what can be charged and when are the mechanism that scrutiny runs through. A ruling interpreting the 48-hour provision would matter well beyond this one company.
For a reader, the practical significance is narrower: if you were towed in Hillsborough County and paid a lien release fee shortly after, the paperwork you already have may be worth keeping.
What to Do If You Think You Were Overcharged
There is nothing to file in this case. But the records that would matter later are the ones people throw away first.• Keep the itemized receipt or invoice from the tow operator, which is what shows whether a lien release fee was charged and how much it was
• Note the exact time the vehicle was towed and the exact time you paid — the gap between those two is the entire question in this case
• Keep any photos of where the vehicle was parked and of the posted signage
• Keep the card or bank statement showing what you actually paid
Hillsborough County's consumer protection agency takes complaints about towing charges, and that is the route for a regulatory look at a specific bill. For advice about your own situation, or about a claim of your own, speak with a Florida consumer attorney. This page is not legal advice, and reading it does not make you part of any case.
What Happens Next
The case sits in discovery. The scheduling order set expert disclosures on class certification beginning in July 2026, completion of class discovery by October 31, 2026, and a motion for class certification by November 30, 2026, with a projected trial term in May 2027.Class certification is the hinge. If the judge certifies a class, the case becomes one proceeding on behalf of every driver who paid the fee under the same circumstances, and any resolution would reach all of them. If certification is denied, the named plaintiff's individual claim survives but the thousand-driver version of the case does not.
The court has already noted that the trial schedule could shift depending on when certification is decided, so no date here should be relied on. There is no settlement, and none has been proposed.
Common Questions
What is a lien release fee on a towed car?
When a towing company holds a vehicle, it can acquire a lien on that vehicle for the unpaid towing and storage charges. A lien release fee is the administrative charge some operators add for the paperwork that clears that lien. Florida law permits such a fee, but the lawsuit alleges that a Hillsborough County ordinance bars charging it during the first 48 hours after a tow, on the theory that a lien process has not meaningfully begun when the owner shows up right away.
What does the CommTow lawsuit allege?
The complaint alleges that CommTow LLC charged drivers a $250 lien release fee before the 48-hour waiting period required by Hillsborough County had run, and that doing so violated the Florida Consumer Collection Practices Act and the Florida Deceptive and Unfair Trade Practices Act. The named plaintiff says his SUV was towed from a Tampa parking garage and that he paid more than $500 to get it back after retrieving it in under 12 hours. These are unproven allegations. CommTow has publicly disputed the claims, and no court has found the company liable.
Can I file a claim in the CommTow case?
No. There is no settlement, no settlement fund, and no claim form. No class has been certified yet, so there is no defined group to join and nothing to submit. If a class is later certified and the case settles or is won, notice would go out to affected drivers at that point.
How many drivers could be affected?
Reporting on the case indicates more than 1,000 people may have paid the fee under the circumstances described in the complaint. That figure comes from the plaintiff's side and has not been established in court. The actual size of any class, if one is certified, would be determined through discovery and by the judge.
What is the current status of the case?
The case is in discovery. A Hillsborough County judge denied CommTow's motion to dismiss, which allowed the case to proceed. Under the scheduling order, class discovery was to be completed by October 31, 2026, with a motion for class certification due by November 30, 2026 and a projected trial term in May 2027. The court has noted that the trial schedule could change depending on when class certification is decided.
What should I do if I think I was overcharged after a tow in Hillsborough County?
Keep the paperwork. The itemized receipt or invoice from the tow operator, any photographs of the vehicle and the signage where it was parked, and a record of the exact time the vehicle was towed and the time you paid are the documents that establish whether a fee was charged inside a waiting period. Hillsborough County's consumer protection agency accepts complaints about towing charges, and an attorney can advise on individual options.
Sources
• WTSP 10 Tampa Bay — Tampa Man Sues Towing Company Over $250 Lien Release Fee• WFLA News Channel 8 — Proposed Class Action Alleges Improperly Charged $250 Lien Release Fee
• WFLA News Channel 8 — Tampa Towing Company Responds to Claims in Class Action Lawsuit
• Tampa Bay 28 I-Team — Towing Company Sued Over Fee Charged Before the County's 48-Hour Waiting Period
• UniCourt — Adair, James Paul vs CommTow, LLC (Hillsborough County)
• Hillsborough County — Consumer Protection Services
• Florida Legislature — Chapter 559, Florida Statutes (FCCPA and FDUTPA)
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