Welcome to the Boston Market Howard’s Towing Settlement Website
A settlement has been proposed to resolve a lawsuit against Howard’s Towing and Recovery, LLC, Howard Szuminsky (collectively “Howard’s Towing”), and Boston Market Corporation (“Boston Market”) (and collectively with Howard’s Towing, “Defendants”) brought by Dana Cohen, Jack Leon, and James Miller (“Plaintiffs” or “Class Representatives”), on behalf of themselves and all persons similarly situated. The lawsuit, referred to as Dana Cohen, Jack Leon, and James Miller, individually and on behalf of all others similarly situated v. UPMC Presbyterian Shadyside, Boston Market Corporation, Howard’s Towing and Recovery, LLC, and Howard Szuminsky, GD-18-012332 (Allegheny Cty. Ct. Com. Pl.), asserts claims on behalf of a class of individuals towed from the parking lot located at 5200 Baum Boulevard, Pittsburgh, PA 15224 (the “Parking Lot”). Plaintiffs allege that following non-consensual tows from the Parking Lot, Defendants charged amounts exceeding the maximum allowable as set forth under the Pittsburgh Code of Ordinances and Pennsylvania law and assert that Defendants violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 Pa. Stat § 202-1, et. seq., the Pennsylvania Fair Credit Extension Uniformity Act (“PaFCEUA”), 73 Pa. Stat. § 2270.1, et seq., and various common law causes of action. Defendants deny these allegations, deny any wrongdoing, and deny that they would be found liable to Plaintiffs and the Class.
Those included as a Settlement Class Member are individuals who were charged and paid a fee in excess of the limits then set by 5 Pittsburgh Code §§ 525.05 for release or return of any passenger cars, light trucks, motorcycles, and scooters that were nonconsensually towed from the Parking Lot by Howard’s Towing within the applicable statutes of limitation.
This website is provided as a service to eligible settlement class members. The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to carefully review the Notice and other court documents.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | |
|---|---|
| DO NOTHING, AND RECEIVE AUTOMATIC PAYMENT | If you do nothing, you will receive a cash payment from the Settlement Fund equal to a pro rata share of the Settlement Fund. |
| EXCLUDE YOURSELF | If you ask to be excluded, you will not receive a cash payment, but you may be able to file your own lawsuit against Howard’s Towing, Howard Szuminsky, or Boston Market for the same claims. This is the only option that leaves you the right to file your own lawsuit for the claims that are being resolved by the Settlement. In order to be effective, a request to be excluded from the Settlement must contain all the information required by the Settlement. Deadline is October 10, 2023. |
| OBJECT | You can remain in the Class and file an objection telling the Court why you believe the Settlement should not be approved. If your objections are overruled, you will be bound by the Settlement. Deadline is October 10, 2023. |