Repossession While Owner Still in Vehicle

DECEMBER 5, 2023

NJTLAW

The Debt Relief Law Center recently filed a wrongful repossession lawsuit in Orange County, Florida against American Credit Acceptance and Loss Prevention Services, LLC.  The facts on which this lawsuit are based are set forth below.

Mr. Price Enters into an Auto Loan Agreement with American Credit Acceptance

Our client, Arthur Price entered into an auto loan with American Credit Acceptance for the purpose of financing the purchase of a used 2012 Toyota Highlander. As in most auto loans of this nature, American Credit Acceptance retained a security interest in the Toyota Highlander.

Since the purchase of the Toyota Highlander, Mr. Price used the vehicle for personal and household purposes.  In particular, he used the Toyota Highlander for purposes related to a personal vehicle, such as transportation to and from work, school, and medical appointments.

Since purchasing the Toyota Highlander, like many consumers today, Mr. Price experienced significant financial difficulties and fell behind in making his monthly payments on the Toyota Highlander.

Apparently, as a result of the delay in making his car payments under the auto loan, American Credit Acceptance, retained a repossession company named Loss Prevention Services, LLC for the purpose of repossessing the Toyota Highlander. Mr. Price was not expecting a repossession, especially the way that it occurred.

Tow truck hooks up the the Toyota Highland While Mr. Price is sitting in the driver’s seat

On November 26, 2023 while Mr. Price was sitting in his Toyota Highlander parked in the carport at the end of the driveway of his home, an employee of 9 Second Recovery, LLC, a repo company hired by Loss Prevention Services, backed into Mr. Price’s driveway, hooked the Toyota Highlander up to his tow truck and lifted the motor vehicle while Mr. Price was still sitting in the driver’s seat of the vehicle.   For 2 hours, the tow truck driver kept the vehicle raised up on the hooks of his tow truck, again, while Mr. Price was inside the vehicle the whole time. During this horrific event, the tow truck driver kept raising the Toyota Highland higher in order to intimidate Mr. Price and make him exit the vehicle.

One of the results of the extraordinary actions of the tow truck driver was to block Mr. Price in his carport, making it impossible for him to leave or exit the vehicle.

During the time when Mr. Price’s vehicle was raised up on the hooks of the tow truck, Mr. Price called the Orange County Sheriff’s Department to report the incident.

After being pinned in and raised up for a period two hours, a deputy Sherriff arrived and told the tow truck driver to lower the vehicle and leave his property.

Breach of the Peace

The repossession process in Florida is very limited and specific. Pursuant to Section 679.503, Florida Statutes, it is impermissible for creditors to breach the peace during a self-help repossession. A breach of peace is defined in Section 877.03, Florida Statutes, as engaging in acts that are of the nature to corrupt the public morals, outrage the sense of public decency or affect the peace and quiet of persons who may witness them. Therefore, under Florida law, a creditor cannot use physical force during the course of a vehicle repossession. Moreover, the entire repossession process must be done in a commercially reasonable manner.

Furthermore, because Mr. Price was subject to an offensive non-consensual touching while he was in his vehicle, in addition to his other remedies for wrongful repossession, he has a claim for assault and buttery against the repossession agents.

Who is American Credit Acceptance?

American Credit Acceptance is a lending company specializing in connecting consumers with dealers to secure automotive loans. The company partners with over 2,500 dealers and has helped more than 630,000 consumers find affordable vehicle options. 

In a class action case brought in California, American Credit Acceptance agreed to forgive over $98 million in deficient account balances as part of a settlement resolving claims of improper car repossession.

Who is Loss Prevention Services, LLC?

Loss Prevention Services, LLC, is a limited liability company that specializes in nationwide recovery management, skip tracing and impound services on behalf of lenders and creditors.  Its website proudly markets these services, boasting that “Loss Prevention Services creates customized transportation programs which embrace our clients unique goals and requirements.  Our clients benefit from a single source solution for skip locate, repossession and transport” and that “Loss Prevention Services, LLC is a technologically-enabled information management company and services broker offering banking and financial institutions a range of skip locate, repossession, and transport services.” 

Loss Prevention Services’ principal office address is 321 Franklin St, Natchez, MS 39120.   And, for purposes of the Fair Debt Collection Practices Act,  15 U.S.C. § 1692a(6), Loss Prevention Services is a “debt collector.”

Valenzuela v. Loss Prevention

When it comes to wrongful repossessions, Loss Prevention Services is a repeat offender.   As described herein, Loss Prevention Services repossessed the vehicle of Arthur Price in Orlando, Florida, while he was still in the car.   Astonishingly, the same thing happened to a consumer named Kristin Valenzuela at the hands of Loss Prevention Services.   It is alleged in her lawsuit that on June 20, 2023, while Ms. Valenzuela was sitting in her 2010 Chevy HHR, repo agents acting on behalf of Loss Prevention Services recklessly lifted up the Plaintiff’s vehicle, while she was still inside of it.    In response to this unlawful act, Ms. Valenzuela started sounding her car horn at the repo agents, who immediately started yelling at her to “get out of the vehicle.”   Fortunately, Ms. Valenzuela’s boyfriend then arrived at the scene of the commotion and advised the repo agents that they were breaching the peace and what they were doing was an illegal repossession.   After several minutes, the repo agents then left the vehicle and the scene.  Ms. Valenzuela filed suit against Loss Prevention and others in United States District Court for the Northern District of Illinois seeking damages plus attorney fees.

Gore v. Loss Prevention Services

In another case involving Loss Prevention Services towing a vehicle with people inside, Yaica Gore, a Tampa, Florida, resident, purchased a 2006 silver Saturn 4-door vehicle. Unfortunately she fell behind on payments on her car loan, and because it was a secured loan, the lender hired Loss Prevention Services, to locate and repossess the vehicle.

On July 7, 2015, Loss Prevention Services, issued an “Order to Repossess” to Black Hawk Towing and Recovery.

On or around July 17, 2015, Black Hawk, located the vehicle and proceeded to comply with the Order to Repossess and repossess the vehicle.

At the time Black Hawk attempted to repossess the vehicle, Dabesha Harris was inside the vehicle, along with two (2) minor children.  The vehicle was parked outside of the home of Yaica Gore.  Dabesha Harris was waiting for Quinayle Gore to come out of the home so that they could drive him to work.

While Dabesha Harris was waiting inside the vehicle, a tow truck driven and operated by Black Hawk Towing approached the vehicle and began to chain the vehicle to the tow truck while Dabesha Harris and the two minors were still inside.   Upon noticing what was happening, Dabesha Harris begun to frantically honk the horn to gain Quinayle Gore’s attention.

Quinayle Gore, came outside and began asking questions of the tow truck drivers Robert Burrows and William Burrows.

Quinayle Gore was advised by Robert Burrows and William Burrows that because of late payments, they had been hired to repossess the vehicle. Without any warning, and while the vehicle remained in gear, Black Hawk, began towing the vehicle.

While in the process of towing the vehicle, William Burrows and Quinayle Gore, engaged in a verbal disagreement during which the tow truck driver sprayed Quinayle Gore with mace.    Thereafter, the tow truck drivers drove away with the vehicle.  Gore v. Mid-Atlantic Financial, Circuit Court, Hillsborough County, Florida, Case No. 2015-CA 9698

Fair Debt Collection Practices Act

In addition to having his rights violated under the Florida Uniform Commercial Code, and tort law, Mr. Price has a claim under the Fair Debt Collection Practices Act.

Because the repossession was only accomplished via a breach of the peace, the towing company, Loss Prevention Services, LLC, did not have the present right to possession of Mr. Price’s vehicle. As a result, the the towing company, Loss Prevention Services violated 15 USC § 1692f(6) when it attempted to repossess the Mr. Price’s Vehicle.

By attempting to illegally repossess the Mr. Price’s Toyota Highlander Vehicle in violation of the FDCPA, they harmed Mr. Price in subjecting him to improper and deceptive collection activity, in violation of his statutorily created rights to be free from such a debt collector’s inappropriate attempts to collect a debt, and from being subjected to false, deceptive, unfair, or unconscionable means to collect a debt.

The repo agents illegal activity also harmed Mr. Price by causing him to suffer anger, anxiety, emotional distress, frustration and embarrassment.

By reason thereof, Loss Prevention Services should be liable to Mr. Price for judgment based on the fact that that tow truck drivers’ conduct violated 15 USC §1692f, statutory damages, actual damages, costs and attorneys’ fees.

We Specialize in Wrongful Repossessions

The Debt Relief Law Center regularly represents victims of wrongful repossessions in Florida. We can do many of the following: (1) do our best to help you get your car back; (2)help you recover your personal property; (3) request that the repossession be removed from your credit report; (4) seek damages against the lender and the towing company. Please call us text us about your problem and we will give you first class service.

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