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Is it legal for private citizens to “impound” e-scooters?

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3

This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor.

However as far as I can tell these guys are doing this entirely on their own accord. They don't have a license from the city. They write "tickets" in their own system and charge their own rates. They are called not by police but by random business owners.

To me this sounds like straight theft and extortion. Is this something they are legally allowed to do? The article claims that they are now being sued by all these big corporations, but it's unclear to my why this is being treated as a civil matter and not a criminal one.

california theft extortion

share|improve this question

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Interesting related stories: nbcsandiego.com/news/local/… smdp.com/…
  
  – David Siegel
  4 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  And another pair: richmondbizsense.com/2019/07/11/… & columbiatribune.com/news/20190626/…
  
  – David Siegel
  4 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  This one is even more interesting from a legal perspective, Scooter company made a DMCA claim: eff.org/deeplinks/2019/01/…
  
  – David Siegel
  4 hours ago
  

  
  
  
  

add a comment | 

3

This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor.

However as far as I can tell these guys are doing this entirely on their own accord. They don't have a license from the city. They write "tickets" in their own system and charge their own rates. They are called not by police but by random business owners.

To me this sounds like straight theft and extortion. Is this something they are legally allowed to do? The article claims that they are now being sued by all these big corporations, but it's unclear to my why this is being treated as a civil matter and not a criminal one.

california theft extortion

share|improve this question

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  Interesting related stories: nbcsandiego.com/news/local/… smdp.com/…
  
  – David Siegel
  4 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  And another pair: richmondbizsense.com/2019/07/11/… & columbiatribune.com/news/20190626/…
  
  – David Siegel
  4 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  

  
  
  
  
  
  

  
  
  This one is even more interesting from a legal perspective, Scooter company made a DMCA claim: eff.org/deeplinks/2019/01/…
  
  – David Siegel
  4 hours ago
  

  
  
  
  

add a comment | 

This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor.

However as far as I can tell these guys are doing this entirely on their own accord. They don't have a license from the city. They write "tickets" in their own system and charge their own rates. They are called not by police but by random business owners.

To me this sounds like straight theft and extortion. Is this something they are legally allowed to do? The article claims that they are now being sued by all these big corporations, but it's unclear to my why this is being treated as a civil matter and not a criminal one.

california theft extortion

share|improve this question

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

share|improve this question

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

share|improve this question

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

asked 8 hours ago

David GrinbergDavid Grinberg

21511 gold badge33 silver badges1111 bronze badges

1 Answer
1

active

oldest

votes

5

Maybe, hence the lawsuits

In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels and for the affected landowners (who hire the removalists) trespass to land and nuisance seem applicable.

In essence, I can’t take your stuff (trespass to chattels) but you can’t leave your stuff on my property (trespass to land) or impeding access to it (nuisance). If you do, I am entitled to the reasonable costs of dealing with it. Note that, as owner, you remain responsible for you stuff even if you rented it to someone else.

Both sides are pushing hard into unexplored areas of law so we await the judgement with interest. Then we’ll know.

share|improve this answer

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  Folks have been having cars parked without permission on private property towed for years. Wouldn't there be a fair amount of precedent from that?
  
  – Charles E. Grant
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @CharlesE.Grant yes, the scooter owners will be arguing it’s not applicable I’m sure. It seems like it would be but there’s enough of a difference that it might be distinguished
  
  – Dale M
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @CharlesE.Grant A person is supposed to mitigate the damage they suffer from another's tort against them. Unlike a car, a regular person can trivially remove a scooter from their property and place it on public property. If there isn't an ordinance against them doing that or some other confounding factor, the scooter companies could argue that claiming the impound fees is an unnecessary expense and only serves to try to punish the scooter companies, which is contrary to a plaintiff's responsibility to reasonably mitigate damages.
  
  – IllusiveBrian
  5 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @IllusiveBrian that's a cogent point, or at least it would be if was a matter of 1 or 2 scooters left on private property now and then. However, (as pictured in the article linked to in the OP) it can be an ongoing problem with dozens of scooters left on private property and significantly impairing its use.
  
  – Charles E. Grant
  5 hours ago
  
  

  
  
  
  

add a comment | 

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5

Maybe, hence the lawsuits

In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels and for the affected landowners (who hire the removalists) trespass to land and nuisance seem applicable.

In essence, I can’t take your stuff (trespass to chattels) but you can’t leave your stuff on my property (trespass to land) or impeding access to it (nuisance). If you do, I am entitled to the reasonable costs of dealing with it. Note that, as owner, you remain responsible for you stuff even if you rented it to someone else.

Both sides are pushing hard into unexplored areas of law so we await the judgement with interest. Then we’ll know.

share|improve this answer

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  Folks have been having cars parked without permission on private property towed for years. Wouldn't there be a fair amount of precedent from that?
  
  – Charles E. Grant
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @CharlesE.Grant yes, the scooter owners will be arguing it’s not applicable I’m sure. It seems like it would be but there’s enough of a difference that it might be distinguished
  
  – Dale M
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @CharlesE.Grant A person is supposed to mitigate the damage they suffer from another's tort against them. Unlike a car, a regular person can trivially remove a scooter from their property and place it on public property. If there isn't an ordinance against them doing that or some other confounding factor, the scooter companies could argue that claiming the impound fees is an unnecessary expense and only serves to try to punish the scooter companies, which is contrary to a plaintiff's responsibility to reasonably mitigate damages.
  
  – IllusiveBrian
  5 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @IllusiveBrian that's a cogent point, or at least it would be if was a matter of 1 or 2 scooters left on private property now and then. However, (as pictured in the article linked to in the OP) it can be an ongoing problem with dozens of scooters left on private property and significantly impairing its use.
  
  – Charles E. Grant
  5 hours ago
  
  

  
  
  
  

add a comment | 

5

Maybe, hence the lawsuits

In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels and for the affected landowners (who hire the removalists) trespass to land and nuisance seem applicable.

In essence, I can’t take your stuff (trespass to chattels) but you can’t leave your stuff on my property (trespass to land) or impeding access to it (nuisance). If you do, I am entitled to the reasonable costs of dealing with it. Note that, as owner, you remain responsible for you stuff even if you rented it to someone else.

Both sides are pushing hard into unexplored areas of law so we await the judgement with interest. Then we’ll know.

share|improve this answer

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  Folks have been having cars parked without permission on private property towed for years. Wouldn't there be a fair amount of precedent from that?
  
  – Charles E. Grant
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @CharlesE.Grant yes, the scooter owners will be arguing it’s not applicable I’m sure. It seems like it would be but there’s enough of a difference that it might be distinguished
  
  – Dale M
  7 hours ago
  
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @CharlesE.Grant A person is supposed to mitigate the damage they suffer from another's tort against them. Unlike a car, a regular person can trivially remove a scooter from their property and place it on public property. If there isn't an ordinance against them doing that or some other confounding factor, the scooter companies could argue that claiming the impound fees is an unnecessary expense and only serves to try to punish the scooter companies, which is contrary to a plaintiff's responsibility to reasonably mitigate damages.
  
  – IllusiveBrian
  5 hours ago
  

  
  
  
  


• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  @IllusiveBrian that's a cogent point, or at least it would be if was a matter of 1 or 2 scooters left on private property now and then. However, (as pictured in the article linked to in the OP) it can be an ongoing problem with dozens of scooters left on private property and significantly impairing its use.
  
  – Charles E. Grant
  5 hours ago
  
  

  
  
  
  

add a comment | 

Maybe, hence the lawsuits

In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels and for the affected landowners (who hire the removalists) trespass to land and nuisance seem applicable.

In essence, I can’t take your stuff (trespass to chattels) but you can’t leave your stuff on my property (trespass to land) or impeding access to it (nuisance). If you do, I am entitled to the reasonable costs of dealing with it. Note that, as owner, you remain responsible for you stuff even if you rented it to someone else.

Both sides are pushing hard into unexplored areas of law so we await the judgement with interest. Then we’ll know.

share|improve this answer

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges

share|improve this answer

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges

answered 7 hours ago

Dale MDale M

62k33 gold badges4242 silver badges8787 bronze badges