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Friday, September 20, 2024

Attorney General files lawsuit against parking company for deceptive practices

State AG
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Attorney General Peter Neronha | Ballotpedia

Attorney General Peter F. Neronha today announced the filing of a lawsuit against UPP Global, LLC (UPP Global), a parking management company operating in Providence, Newport, and East Greenwich, for alleged unfair and deceptive practices targeting Rhode Island consumers.

The complaint accuses UPP Global of charging customers fees disguised as a “tax,” imposing junk “service fees,” failing to disclose parking rates until after customers have parked, and issuing “citations” that mimic government-issued parking tickets with false threats of consequences from the Division of Motor Vehicles. Additionally, it alleges that UPP Global violates Rhode Island consumers’ right to pay in cash by requiring all payments to be made by credit or debit card. The Attorney General seeks a court order to stop these practices, provide restitution to affected customers, and impose civil penalties.

“As alleged, UPP Global has employed a number of unfair and deceptive tactics targeting Rhode Island residents and visitors alike,” said Attorney General Neronha. “Our lawsuit against this company seeks to put an immediate halt to these alleged deceptive practices that are harming consumers, and to pay back consumers any money that was collected by unlawful means. In the meantime, my Office will continue to use our consumer protection laws to defend Rhode Island consumers and go after businesses that don’t play by the rules, thereby protecting those businesses that do. Because consumers deserve better, and competing businesses deserve an even playing field.”

The complaint details how UPP Global issued deceptive “citations” resembling government-issued parking tickets. These citations threatened potential consequences for driver’s licenses and vehicle registrations if fines were not paid. One consumer reported paying $18 at a UPP Global lot on September 17, 2023, only to receive a citation demanding an additional $63 upon returning to her vehicle. The citation stated that failure to pay by October 17 would increase the amount owed to $103.

Further allegations include UPP Global assessing fees disguised as sales taxes and junk service fees. Despite parking facilities in Rhode Island not being subject to state sales or use taxes, UPP Global allegedly charged a “tax” fee between seven and ten percent at two Providence garages while keeping the fee for itself. Additionally, at other locations where no tax fee was charged, a ten percent service fee was imposed without inclusion in the hourly rate.

This lawsuit is also notable for seeking enforcement of Rhode Islanders' right to pay in legal tender currency—a right established in law in 2019 prohibiting businesses from requiring credit payments.

UPP Global manages over 300 parking locations across nine states. According to the Secretary of State’s website, UPP Global registered in Rhode Island in August 2019 and operates facilities serving key cultural venues including the Amica Mutual Pavilion and downtown Newport.

Assistant Attorney General Stephen Provazza, Chief of the Consumer & Economic Justice Unit; Special Assistant Attorney General Alex Carnevale; and Investigator Tayla Martins are handling this matter on behalf of the Office of the Attorney General.

In 2021, Attorney General Neronha collaborated with the General Assembly on legislation restoring his office's authority under the Deceptive Trade Practices Act (DTPA) to protect consumers against violations. Other actions under this strengthened DTPA include lawsuits against auto dealers, contractors, and government imposters for alleged unlawful behavior.

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