Clark v. Auto Recovery Bureau Conn., Inc.

Vallorie Clark (plaintiff) obtained a loan from the University of Bridgeport Credit Union, Inc. (the Credit Union) and pledged her car as collateral. Clark defaulted on her loan payments. Consequently, the Credit Union hired Auto Recovery Bureau Conn., Inc. (Auto Recovery) (defendant) to repossess Clark’s car. Auto Recovery typically used a tow truck equipped with a mechanism that allowed the crew members to repossess cars in under a minute without having to get out of the truck, which lowered the likelihood of a confrontation between the crew members and the debtors. On May 17, 1991, Clark attended a picnic on the University of Bridgeport’s campus. The car was parked on a nearby public street. Accordingly, the Credit Union instructed Auto Recovery to repossess the car. Three Auto Recovery crew members went to repossess the car in a tow truck equipped with the towing mechanism. As the crew members pulled away with the car, a crew member noticed Clark approaching the repossession-site and an unaffiliated person restraining her. The crew members towed the truck without giving Clark an opportunity to remove her personal property, which included an umbrella, a raincoat, a purse containing $150, and a costume that Clark’s son needed for an upcoming play. The Credit Union returned Clark’s personal property to her after her son’s play, so she had to buy a replacement costume for $50. Clark subsequently sued Auto Recovery, alleging that Auto Recovery unlawfully repossessed her car under the Fair Debt Collection Practices Act (FDCPA) and the Connecticut Unfair Trade Practices Act (CUTPA) and converted her personal property.