Illinois law empowers officials to crack down on predatory towing

By Catrina Barker | The Center Square contributor
The Center Square

(The Center Square) – Beginning Jan. 1, a new Illinois law cracks down on predatory towing by letting the Illinois Commerce Commission impound unregistered trucks and suspend plates tied to unpaid fines.

Senate Bill 2040 passed both chambers of the Illinois General Assembly unanimously and was signed into law by Gov. J.B. Pritzker on Aug. 1.

State Sen. Sally Turner, R-Beason, voted “yes” and said she sees it as a consumer protection measure.

“It sounds like there were bad actors holding personal property for ransom, and that’s what prompted the bill,” Turner said. “Maybe someone’s medication or their child’s car seat is in the car, and they can’t get it back until they pay, and suddenly that payment is $500 they weren’t expecting. They may not have the money, but they still need that car seat right away.”

State Sen. Celina Villanueva, D-Chicago, sponsored the bill in response to frequent complaints in her urban district. In 2023, over 500 predatory tows were reported statewide, most in the Chicago area, according to the ICC.

“I frequently hear from my constituents and neighbors about bad experiences with rogue tow operators who ignore state rules meant to protect drivers,” Villanueva said at a news conference during spring legislative session. “Many of you have likely heard about motorists scammed by predatory towers, whose cars were taken miles away or whose belongings were held for weeks.”

When asked about potential burdens on small businesses, Turner noted that towing associations backed the legislation.

The new law bars tow companies from monitoring police scanners and responding to accident scenes unless they are officially called.

“The way I see it, this law provides stronger protections for consumers when their vehicles are towed,” said Turner.

SB 2040 allows the ICC to be able to impound tow trucks that violate the Illinois Commercial Safety Towing Law, an upgrade from its prior authority, which was limited to issuing fines.

“While federal law prevents Illinois from regulating the price or route of towing companies, we are allowed to regulate for safety, and that’s exactly what we’re doing here,” said Villanueva. “The changes we are proposing will stop violators from gaming the system and strengthen our state’s enforcement abilities.”