Allied Towing Serv. v. Mitchell

In Allied Towing Serv. v. Mitchell, 833 S.W.2d 577, 581 (Tex. App.-Dallas 1992, no writ), the plaintiff was a consumer of services at a bar that provided free parking for patrons only. Id. at 580. To provide that service, the bar hired a towing company to patrol the parking lot and tow unauthorized vehicles. While plaintiff was at the bar, the towing service removed his car. The plaintiff ultimately paid the towing company for the tow, then brought suit for damages to his vehicle. Id. at 581. In finding that plaintiff was a "consumer" under the DTPA, the court looked to the connection between the plaintiff's use of the bar's free parking and his car being towed. Id. at 582. Also, the court noted that plaintiff paid for the unsolicited service. Id. at 581.