THE REVERE ADVOCATE – FRIDAY, DECEMBER 31, 2021 Page 5 Revere towing company target of class action lawsuit By Christopher Roberson K arl Faller of Boston has fi led a class action lawsuit against Action Emergency Management Services, claiming to be a victim of predatory towing. On July 3, Faller’s car was towed by Action from a parking lot in Malden to the company’s lot at 1087 Broadway in Revere. When Faller went to pick up his car on July 24, he was given an invoice for $1,222 which needed to be paid in full before the vehicle could be released. “The invoice included unlawful charges, including a onehour pre-tow recovery fee of $108, a relocation fee for moving the car within Action’s own lot of $108 and a certifi ed mail fee of $75,” said Attorney Joshua Gardner, counsel for Faller, in his Complaint, which was fi led on November 12 in Suff olk Superior Court. Action later admitted that the pre-tow and relocation fees were illegal. However, Faller still paid $70 in storage fees and $75 for the certifi ed letter before his car was released on July 26. Gardner maintained that under state statute, a towing company can only charge for the “removal and storage” of a vehicle. In addition, he said towing fees are determined by the Department of Public Utilities and that storage fees cannot exceed $35 per day. Should a towing company fail to comply with the statute, the company is obligated to release the vehicle without “assessing any charges for its removal or storage.” The Complaint also represents drivers who were victims of predatory towing during the past four years. “We brought this case as a class action on behalf of other drivers who Action charged for things like moving the car within their own lot and sending letters,” said Gardner. “One of the best ways to end these practices is through class actions such as this.” Action is now being sued for treble damages and for $50,000 for allegedly violating the Consumer Protection Act. “It seems like everyone has a story of a run-in with a tow truck. When your car gets towed, everything else grinds to a halt,” said Deidre Cummings, program director at MASSPIRG, a non-profi t consumer advocacy group in Boston. “Not only have you lost your primary mode of transportation, but you’re also trying to locate your vehicle and you’re worrying about mounting daily storage fees. It’s essential to know whether you’re being treated fairly or whether the tow company is acting in a predatory fashion.” Attorney Edward Manchur, counsel for Action, said the Complaint is “meritless.” "Action intends to defend the matter vigorously,” he said. “Mr. Faller did not pay two of the fees he complains about and therefore has no standing to pursue an action based on those fees.” Manchur also said the company operated within the confi nes of the law. “Action charged Mr. Faller storage fees at a lawful rate per day, which is permitted by a governing statute and regulations,” he said. A judgment is expected to be rendered by November 13, 2023. Breakthrough case review finds 97 percent of COVID-19 cases in vaccinated individuals don’t result in severe illness O n December 20, the Massachusetts Department of Public Health (DPH) released a review of breakthrough COVID-19 cases in vaccinated Massachusetts residents and found nearly 97 percent of all breakthrough cases in the Commonwealth have not resulted in hospitalization or death. Additionally, the review found unvaccinated residents are five times more likely to become infected than fully vaccinated residents (two doses of the Moderna or Pfi zer vaccine or one dose of Johnson & Johnson) and unvaccinated residents are 31 times more likely to become infected than fully vaccinated residents who have received a booster. The review also found that 99.9 percent of breakthrough cases among fully vaccinated people under the age of 60 did not result in death. Among the breakthrough cases for residents over the age of 60, 97 percent did not result in death. No deaths have been reported in breakthrough cases among those under age 30. “The data are clear. This review shows that fully vaccinated people in Massachusetts have nearuniversal protection from severe illness and death and that boosters are demonstrating even stronger protection from COVID-19 | SEE Page 6 Gerry D’Ambrosio Attorney-at-Law Is Your Estate in Order? Do you have an update Will, Health Care Proxy or Power of Attorney? If Not, Please Call for a Free Consultation. 14 Proctor Avenue, Revere (781) 284-5657
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