DE HB351

Creates new Chapter 69A in Delaware Code establishing regulations for non-consensual towing of motor vehicles from private and public parking areas, excluding police-directed tows and abandoned vehicles under Chapter 44.

Requires tow companies to photograph unauthorized parking, obtain written authorization from private property owners before towing, post conspicuous signs with towing company information and fees at parking areas, and maintain records for two years.

Limits total fees for non-consensual towing and storage to maximum of $500, requires fees to be reasonable and comparable to consensual towing rates or county averages, and mandates acceptance of major credit cards and debit cards.

Requires storage facilities to be open 8 a.m. to 6 p.m. at least five days weekly, allow free retrieval of personal items from vehicles, provide after-hours access accommodations, and permit vehicle owners to stop incomplete tows before removal with a maximum decoupling fee of 50% of the tow fee.

Prohibits tow companies from patrolling for illegally parked vehicles or paying for information about unauthorized parking, makes violations enforceable as unlawful consumer protection practices, and allows vehicle owners to recover all fees plus damages and attorney fees if tows violate the chapter.