Browse Arkansas Code titles and sections
27-50-1218. Consumer complaint resolution.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1218. Consumer complaint resolution.
(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) Lien holder 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 receivin
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1218
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-50-1218
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 578d9482e1fd9d3025bf61829eb8abfb6af6a70ae5fd14c0f0bfa49f5f9b87f8
Source location: content.xml paragraph 17535
Stored source content
27-50-1218. Consumer complaint resolution.
(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) Lien holder 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1207. Removal of vehicles.
(a)(1) A law enforcement agency that directs the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle shall adopt a written vehicle removal policy, the provisions of which shall not be in conflict with this subchapter.
(2)(A) Any vehicle removal policy shall provide that owner preference as defined by this subchapter shall be offered to the owner, to his or her agent, or to any competent occupant of any disabled or inoperative vehicle except in those instances of exigent circumstances or where the immediate clearing of a public thoroughfare mandates an expedited towing service.
(B) In those instances where exigent circumstances or where the immediate clearing of a public thoroughfare mandates an expedited towing service, owner preference shall be honored when the owner has requested a towing service that is located in the particular towing zone where services are to be rendered and is ready to promptly respond to the request for services.
(C)(i) If a law enforcement officer fails to provide an owner of a vehicle with an owner preference as required under this section, then the owner may file a complaint with the law enforcement agency that employs the law enforcement officer or the Arkansas Towing and Recovery Board, or both.
(ii) Nothing in this subsection precludes a person who has been denied the right of owner preference from seeking any other legal or equitable remedy.
(3) Nothing in this section shall be construed to authorize the towing of a vehicle in violation of other provisions of this subchapter.
(b) All law enforcement officers shall comply with the policies prescribed by their agencies as to the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-1207. This identifies an authority to review, not proof of applicability.