Note: View settlement here.
The Justice Department today announced that it reached an agreement with California towing company Tony’s Auto Center to resolve allegations that it illegally auctioned a deployed Navy Lieutenant’s car, in violation of the Servicemembers Civil Relief Act (SCRA). Under the settlement agreement, U.S. Navy Lieutenant Jonathan Liongson will receive $7,500 in damages. The United States will also receive a $2,000 civil penalty, and Tony’s Auto Center must implement new policies to prevent future violations of the SCRA.
According to the United States’ complaint, in November 2022, before leaving for deployment aboard the USS Bunker Hill, Lieutenant Liongson placed personal items in his 2011 Mazda 6 and parked it at a friend’s house. While he was deployed at sea, Tony’s Auto Center towed the car and, about two months later, sold it at auction without first obtaining a court order, as is required by the SCRA.
“Members of our armed forces should not have to worry about their cars being auctioned off while they are deployed on missions defending our freedoms, liberties, and rights,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. “This settlement should send a strong message to other towing companies that they should not take advantage of our servicemembers while they are keeping Americans safe.”
“The SCRA protects the rights of the men and women who serve in our Armed Forces, which allows them to devote their full attention to defending our country,” said U.S. Attorney Adam Gordon for the Southern District of California. “While Lieutenant Liongson was at sea, he understood that his ship’s mission and the duration of their deployment could change at any moment. He accepted that reality in the fulfillment of his solemn oath. In turn, the SCRA provides grace and understanding about certain personal affairs. Lieutenant Liongson’s car should not have been auctioned off in his absence. We hope this settlement encourages all towing companies to review and improve their policies and ensure that the rights of all servicemembers are honored and respected.”
The SCRA is a federal law that provides a variety of financial and housing protections to members of the U.S. military. The law prohibits a towing company from auctioning off a vehicle owned by a servicemember unless it first obtains an order from a court allowing it to do so.
Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations can be found at http://legalassistance.law.af.mil/.
The Justice Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. Since 2011, the Department has obtained over $481 million in monetary relief for over 147,000 servicemembers through its enforcement of the SCRA. Additional information on the Department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.