Towing Issues: bmw tow certified?, fdcpa violations, breach of peace

Question
on my bmw warranty it states everything must be done by bmw certified. when my car broke down bmw had to send their own tow truck, they said it would void my warranty. i'm in arizona. this bmw has costed me alot. in repo status now. the repo man that came late parked in my private drive way, cops had to tell him to move and stay off property. he came back again on property grabbed me. i refused to give this man the bmw, he wasnt sure if he was bmw certified. i was scared he would intentionally harm the vehicle in tow. this guy called me 32x's till 6am. breach of peace. do repo men in arizona have to be insured and bonded? i do understand that az is non-deligable st. so lender is responsible for repo man's fdcpa violations.

Answer
You are correct. It does not matter what state you are in the FDCPA governs any collections actions. The repossessor in many states is considered a third party collector and is not governed by the FDCPA. This does not mean however that he does not have to abide by them. If the repossessor grabbed you then he definitely breached the peace. The repo company is still subject to the UCC (Uniform Commercial Code) requirements. Arizona is a self-help repossession state but it has to be peaceful.