Attorney General's News Release

April 2, 2002

Judge grants Nixon's request for temporary restraining order against owners of St. Louis-area towing business

Jefferson City, Mo. — St. Louis City Circuit Judge Kenneth Romines today issued a temporary restraining order against the owners of a St. Louis-area towing business who were sued by Attorney General Jay Nixon in February for what Nixon said was a pattern and practice of violating Missouri towing laws.

The order prohibits William R. Gordon and Wesley Gordon and their business, Portlock Enterprises, from violating Missouri laws on towing and unlawful merchandising practices. The Gordons operate their business under the name Denny's Towing. The restraining order specifies that:

• The defendants cannot charge for towing and storage above the posted maximum rates;
• They must have the owner of the private property on site before removing vehicles from the property;
• They must properly apply for title with the Department of Revenue before selling or disposing of vehicles;
• They cannot require vehicle owners to sign a form releasing Denny's from liability for damage to the vehicle before the owners can retrieve the vehicles; and
• They cannot misrepresent on vehicle assessment forms that damage occurring in transit or in storage was present before the vehicle was towed.

Denny's has an impound and storage yard at 3805 Reavis Barracks Road in St. Louis County, and both Gordons also are tow truck operators for Denny's.

Judge Romines set a April 17 hearing date on Nixon's request for preliminary and permanent injunctions against the defendants. In addition to seeking the revocation or suspension of their license, Nixon is asking the court to order the Gordons to pay restitution to any consumers who suffered financial loss because of illegal charges or actions by Denny's Towing, as well as to pay appropriate penalties and costs to the state. Nixon also wants a court order prohibiting the defendants from future illegal towing or merchandising practices.

In November 2000, Nixon obtained a court order permanently banning a St. Louis couple from the towing business and ordering them to pay $35,000 in restitution, penalties and costs. The Attorney General also has obtained injunctions in the past six years against three other St. Louis towing businesses for predatory towing practices.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818