§ 32:1734 — Gate fees; other fees; excessive charges; prohibitions; cause of action

§1734. Gate fees; other fees; excessive charges; prohibitions; cause of action
A. A towing or storage company that assesses gate fees shall assess a fixed fee in an
amount determined by the Public Service Commission.
B. If the towing or storage company charges a gate fee in excess of the amount fixed
by the Public Service Commission, the owner of the vehicle shall have a right and cause of
action to recover the amount of the excess fee, plus reasonable attorney fees, and all costs of
court.
C. For the purposes of this Section, a "gate fee" shall mean a charge assessed by a
towing or storage company for releasing a towed vehicle before or after normal business
hours.
D. No towing or storage company shall charge a fee for the retrieval of contents from
a stored or towed vehicle during normal business hours. However, a towing or storage
company may charge a fee in an amount determined by the Public Service Commission for
the retrieval of contents from a stored or towed vehicle at a time other than during normal
business hours. If the towing or storage company charges a fee in violation of this
Subsection, the owner of the vehicle shall have a right and cause of action to recover the
amount of the excess fee, plus reasonable attorney fees and all costs of court.
E. For purposes of this Section, "normal business hours" of any towing or storage
company shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal
holidays.
F. The administrative and mailing fees for filing the Official Report of Stored
Vehicles for in-state and out-of-state notifications shall be determined by the Public Service
Commission.

Legislative History

Acts 1999, No. 532, §1; Acts 2001, No. 856, §1; Acts 2010, No. 837, §1; Acts 2021, No. 206, §1, eff. June 11, 2021.