Consumer Protection Statutes Not Preempted By Federal Law.

Plaintiff brought an action under New Hampshire’s consumer protection statutes alleging a towing company took his car,  failed to notify him of its plan to auction it and sold it at auction, despite plaintiff’s notice he wanted to reclaim it. The New Hampshire court granted summary judgment to the towing company, concluding the action was preempted by the Federal Aviation Administration Authorization Act of 1994 [FAAAA; 49 U.S.C. §14501(c)(1).]. The United States Supreme Court ruled the Act does not preempt  consumer protection state law claims stemming from the storage and disposal of towed vehicles. Dan’s City Used Cars, Inc. v. Pelkey (U.S. Sup. Ct.; May 13, 2013) 133 S.Ct. 1769, [185 L.Ed.2d 909].