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Primary Plaintiff Troy Oglesby, Sr. filed a class action lawsuit against The “Original” W. Hargrove Demolition Company, which conducts business as Camden Towing. Oglesby alleges that Camden Towing overcharged vehicle owners for flatbed towing jobs the company conducted under a contract with the second defendant, the City of Camden, New Jersey.
The contract signed in October of 2013 stipulated Camden Towing to charge a rate of $89 per day for the towing of vehicles requested by the City of Camden. However, Oglesby claims Camden Towing charged him $160 for flatbed towing, regardless if Camden Towing used a flatbed to perform the towing job. According to court documents, Oglesby asserted that Camden Towing towed his truck two times in May and July of 2015. When he went to pick up his truck the second time, Camden Towing refused to accept the contracted flatbed towing price of $89. Oglesby refused to pay the $160 and Camden Towing kept possession of the towed truck.
The lead plaintiff claimed Camden Towing violated regulations adopted as part of the New Jersey Predatory Towing Prevention Act, which prevents towing companies from charging more money for using a flatbed except when a towing job requires the use of a flatbed. Under the terms of the class action settlement, parent company Hargrove will compensate eligible class members $281,000.
The class action settlement fund pays off eligible class member claims and the incentive award to Oglesby for filing the class action lawsuit. Hargrove must also pay for attorney fees. The City of Camden agreed to enforce compliance with the regulations that govern towing company contracts under local public contract law and the New Jersey Predatory Towing Prevention Act.
What You Need To Know About The City of Camden, New Jersey Flatbed Towing Lawsuit and Class Action Settlement
According to class counsel, eligible class members “include persons who between Oct. 15, 2013 and Nov. 4, 2015 had a vehicle towed by Hargrove pursuant to its contract with the City of Camden and were billed in excess of $89 for a flatbed tow, where the tow was not the result of an accident.” Qualifying class members have until October 10, 2017 to opt out of the settlement or dispute any provision of the agreement. The potential award is the difference between $89 and $160 plus an interest charge of 10% ($78.10).
The deadline to file a valid claim form is October 6, 2017. The judge who granted preliminary approval of the class action settlement for the case Oglesby v. The “Original” W. Hargrove Demolition Company Inc. d/b/a Camden Towing Inc. and The City of Camden, Case No. 1:15-cv-08006-RMB-JS, in the U.S. District Court for the District of New Jersey has scheduled the final hearing on October 10, 2017. Refer to the class action settlement website www.TowingServiceSettlement.com to find out what happened at the final hearing.