Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1218 - Consumer complaint process

(a)
(1)
When a consumer complaint against a towing company is filed with a law enforcement agency that administers a nonconsent written vehicle removal policy under §
27-50-1207(a)(1)
against a towing company, the law enforcement agency shall submit the consumer complaint to the Arkansas Towing and Recovery Board within five (5) days of receipt of the complaint.
(2)
The written consumer complaint shall include:
(A)
The complainant's name and contact information;
(B)
The towing company involved in the dispute;
(C)
The nature of the consumer's complaint, including pertinent details that may show cause for filing a formal complaint against the towing company by the board; and
(D)
The contact information for the on-scene officer who initiated the nonconsent removal of the vehicle related to the consumer complaint.
(b)
To file a consumer complaint, the person shall have a vested interest in the vehicle, including without limitation the:
(1)
Owner of the towed vehicle or his or her agent;
(2)
Lienholder of the towed vehicle; or
(3)
Company that insures the towed vehicle.
(c)
(1)
Upon receipt of the consumer complaint, the board shall resolve the consumer complaint within forty-five (45) calendar days after receiving the consumer complaint.
(2)
(A)
The complainant shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request.
(B)
Failure to respond may result in the immediate dismissal of the complaint.
(C)
(i)
A complainant may file a written request for an extension of time with the board.
(ii)
The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section.
(iii)
If the extension is granted, the board shall notify the towing company in writing of the extension.
(iv)
The board may extend the period for the resolution of a complaint when conditions warrant this action.
(3)
(A)
The towing company shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request.
(B)
Failure to respond to a request by a towing company shall result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by the board.
(C)
(i)
The towing company may file a written request for an extension of time with the board.
(ii)
The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section.
(iii)
If the extension is granted, the board shall notify the towing company in writing of the extension.
(iv)
The board may extend the period for the resolution of a complaint when conditions warrant this action.
(d)
(1)
Financial restitution to the complainant shall be considered as a part of the penalty by the board when a towing company or tow owner is found to have violated provisions of the rules promulgated by the board.
(2)
Only actual losses that have been incurred by the complainant may be paid as restitution.
(3)
A payment of financial restitution to the complainant shall be determined by the board.
(4)
Punitive damages shall not be paid to the complainant.
(5)
This section does not preclude the complainant's right to sue in a court of law as an alternative.
Amended by Act 2019, No. 315,§ 3154, eff. 7/24/2019.
Added by Act 2015, No. 1117,§ 1, eff. 7/22/2015.