BERNICE PISACK, ETC. VS. B&C TOWING, INC., ET AL. VS. THE CITY OF NEWARK EPTISAM PELLEGRINO, ETC. VS. NICK'S TOWING SERVICE, INC., A-5668-16T3 ET AL. CHRISTOPHER WALKER, ETC. VS. ALL POINTS AUTOMOTIVE & TOWING, INC., ET AL. (L-6501-13, L-1606-17 AND L-792

These three appeals involve the non-consensual towing of vehicles and raise questions concerning the Predatory Towing Prevention Act (Towing Act), N.J.S.A. 56:13-7 to -23, the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Truth-In-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18. The court holds that: (1) the Towing Act does not require the exhaustion of administrative remedies before the Division of Consumer Affairs (Division) or dispute resolution procedures established by municipalities that have towing ordinances; (2) the Tort Claims Act (TCA) does not provide immunity against claims based on the fees companies charge for non-consensual towing of vehicles; and (3) the Towing Act and its regulations limit the services for which a towing company can charge. The court also holds that the TCCWNA applies to the non-consensual towing of vehicles because the bills issued by towing companies are contracts and notices within the definition of the TCCWNA. Finally, the court holds that class actions may, in the right circumstances, be appropriate for claims under the Towing Act, the CFA, and the TCCWNA. Accordingly, we reverse the orders on appeal in each of these three cases and remand for further proceedings.