Using the New York State Arbitration Program

The New York Program's dispute resolution process can be summarized in ten steps as follows:

1 - Consumer's Completion of Request-for-Arbitration Form
2 - Attorney General's Review
3 - Request for Filing Fee by Administrator
4 - Filing Date; Appointment of Arbitrator; Schedule of Hearing
5 - Notice of Claim Sent to Dealer; Dealer's Response; Consumer's Reply
6 - Pre-Hearing Discovery
7 - Hearing
8 - Decision
9 - Administrator's Review of Decision Form
10 - Modification and Appeal

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Step 1. Consumer's Completion of Request-For-Arbitration Form

A consumer can seek redress under the New York Program by obtaining a "Request-for-Arbitration" form from the Attorney General's website: www.oag.state.ny.us. or any office of the Attorney General. The consumer completes and returns this form, together with copies of all relevant supporting documents (including the bill of sale, repair work orders and any correspondence relating to the claim) to the Attorney General's New Car Lemon Law Unit located at 120 Broadway, New York, NY 10271.

Step 2. Attorney General's Review

The form and documents are reviewed promptly by the Attorney General's Lemon Law Unit. The review is for screening purposes only --to determine whether the claim may be heard by an arbitrator. For example, to be eligible for acceptance into the New York Program the car must have been purchased or registered in New York State. Based on this review, the Request-for-Arbitration form is either accepted or rejected. If rejected, the form is returned to the consumer with a letter indicating the reason(s) for the rejection. In many instances, a consumer is able to correct the cause for rejection and successfully resubmit the form. If the form is accepted, the consumer is advised in writing that the matter is being forwarded to the Administrator for further processing.

Step 3. Request for Filing Fee by Administrator

Upon receipt of the form, the Administrator writes to the consumer to request the payment of the filing fee. If, after 30 days, the Administrator has not received the filing fee from the consumer, it sends a second notice. If the fee is still not received within another 30 days, the Request-for-Arbitration form is returned and the consumer is advised that the case has been closed.

Step 4. Filing Date; Appointment of Arbitrator; Schedule of Hearing

The date the Administrator receives the filing fee from the consumer is considered the case "filing date." This date marks the official beginning of the arbitration process. At this juncture, the Administrator appoints an arbitrator and schedules a hearing for a specific date no later than 35 days from the "filing date." Oral-in person hearings are scheduled to accommodate the needs of the consumer, both geographically and as to time-of-day. The consumer elects on the Request-for-Arbitration form the most convenient site for the hearing from the over-50 locations available.

Step 5. Notice of Claim Sent to Dealer (and Third Party, if any); Dealer Responds; Consumer's Reply

Within five days of the filing date, the Administrator sends a copy of the consumer's Request-for-Arbitration form, together with all attachments, to the manufacturer's designated contact person. If the car was financed or leased, the finance company or bank to which the consumer makes his or her payments or the leasing company is also notified of the consumer's claim and of the scheduled hearing date and is requested to submit relevant financial information prior to the hearing date. The manufacturer is given 15 days from the filing date to respond to the consumer's claim. If the consumer requested a hearing on documents only, the manufacturer may object and an oral hearing will be scheduled. The Administrator mails any response received to the consumer, who may reply before day 25. The Administrator mails a copy of the consumer's reply, if any, to the manufacturer.

Step 6. Pre-Hearing Discovery

Prior to the hearing, either party may request the arbitrator to direct the production of specified documents (such as repair orders) or information, or request that a witness be subpoenaed. Under the regulations, an arbitrator may draw a negative inference concerning any issue for which documents or witnesses were requested but not provided.

Step 7. The Hearing

At the hearing, the consumer presents evidence and then the manufacturer presents its evidence. Each party, as well as the arbitrator, may question the other party or any witness. The arbitrator administers an oath or affirmation to each individual who testifies. Formal rules of evidence do not apply and each party is afforded a full and equal opportunity to present his or her case. Typically, a hearing lasts between one and two hours. The arbitrator has the discretion to examine and/or ride in the consumer's car, and both parties are afforded the opportunity to be present and accompany the arbitrator on any examination or ride.

Step 8. The Decision

Regardless of the type of hearing -- oral (in person) or on documents only -- the arbitrator must render a decision within 5 days following the hearing date (unless additional time was allowed for the submission of requested documents) which is to be no more than 40 days from the filing date. Each decision must be signed and certified by the arbitrator, contain a summary of both the issues in dispute and the evidence presented by each side, include the arbitrator's findings and indicate whether or not the arbitrator, based on the stated findings, found that the consumer qualifies for relief under the lemon law. If the arbitrator finds that the consumer is entitled to relief, the arbitrator must award either a refund or a comparable replacement vehicle, depending on what the consumer requested. The decision must contain a calculation of the award, where applicable, in accordance with the law, taking into consideration, for example, any allowable deductions for excess mileage. A refund of the prescribed filing fee must also be included as part of every award in favor of the consumer. The manufacturer must comply with the award within 30 days.

Step 9. Administrator's Review of Decision Form

Once rendered, the decision is sent to the Administrator which reviews it for technical completeness and accuracy and to eliminate arithmetic or typographical errors. The Administrator must obtain the approval of the arbitrator for any corrections. Once finalized, the Administrator mails copies of the decision to each of the parties and the Attorney General's Office within 45 days of the filing date. The date of mailing becomes the official date of issuance from which the 30-day period for compliance begins.

Step 10. Modification and Appeal

Where a party believes a mistake was made, he or she may seek a modification within 20 days of the receipt of the award. Such a request for modification must be acted upon by the arbitrator within 30 days. The grounds for modification are limited by law (CPLR §7511(c)). The decision is binding on both parties but may be subject to judicial review as permitted pursuant to CPLR Article 75. Either party may commence a court proceeding to vacate or modify an award within 90 days of its receipt (CPLR §7511(b)).

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DELAWARE LEMON LAW INFORMATION

DELAWARE LEMON LAW INFORMATION
Need Lemon Law Help in Delaware?
Call 1-800-LEMON-LAW Today.

Have questions? Here are the answers to the frequently asked questions about the DE Lemon Law.

Read the Delaware Lemon Law Statute

The Delaware Lemon Law provides 100% cost-free lemon law help to distressed drivers throughout the state. If you are driving a lemon, the Lemon Law Attorneys at Kimmel & Silverman may be able to help. Kimmel & Silverman has provided cost-free lemon law help to more than 30,000 consumers throughout the tri-state region and is the only Lemon Law Firm to be honored by the American Bar Association.

If you have questions about the Delaware Lemon Law, feel free to e-mail us submit a Get Rid Of Your Lemon form, or call our toll-free hotline, 1-800-LEMON-LAW (1-800-536-6652). You have nothing to lose except your lemon!

The Delaware Lemon Law covers vehicles that have a significant non-conformity which can not be fixed after a reasonable number of repair attempts. The nonconformity must occur in the first year of ownership. Please be advised though, that even if you do not fall under the provisions of the Delaware Lemon Law, you still could be entitled to a remedy under the Federal Breach of Warranty Law, known as the Manguson Moss Warranty Act.

The Lemon Law can be confusing and is open up to numerous interpretations if you don't understand how it works. If you are driving a defective vehicle and you want to find out if you are entitled to cost-free legal help, feel free to submit a question online, or fill out our Get Rid Of Your Lemon worksheet for a free case evaluation.
Call 1-800-LEMON-LAW (1-800-536-6652) Today!

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Lemon Lawsuits Squeeze State Courts

Lemon Lawsuits Squeeze State Courts

Jersey judiciary steers parties into mediation to handle surging caseload

Monday, July 31, 2006

BY KATE COSCARELLI

Star-Ledger Staff

It started with an Eagle Premiere that had a wacky cooling system that spewed gunk all over the car.

Two young lawyers, just starting out, took the case, brought their client a nice resolution and claimed $30,000 in fees.

That was 15 years ago.

Today, Robert Silverman and Craig Thor Kimmel are at the center of a small but growing part of the legal world. They specialize in lemon lawsuits, with seven offices in six states, including one in Cherry Hill, a staff of 22 lawyers and several mechanics.

"We're certainly kept plenty busy," Kimmel said. "Now there are other firms that have taken on this work. People are more concerned with making sure they get their money's worth."

It has been nearly 25 years since states started adopting lemon laws to protect people who buy faulty vehicles, and for a long time those laws produced only modest settlements and attorney's fees. But recently, after years of consumer education and rising automobile prices, lemon lawsuits have caught the attention of New Jersey's legal community -- so much so that the state judiciary has started a program to take care of the growing caseload.

Lemon lawsuits "have increased a great deal over the past three or four years," said James DeRose, a Westfield lawyer who represents auto companies, including BMW and Bentley. "The courts are more sensitive (to lemon laws) and they see a lot more cases than they used to. People have become more attentive to this stuff."

The central office for Kimmel & Silverman is in Ambler, Pa., housed in a stately old bank building with soaring ceilings and glossy marble floors. An inflatable lemon bobs from the flagpole over the entrance. The firm has a fleet of yellow cars advertising its services. More than 30 phone lines keep a small army of receptionists busy, and some people still have a hard time getting through. Stacks of case files spill across desks in the main office and an annex out back.

"We feel we're doing something really important," Silverman said. "All these cases are helping a lot of people."

A GROWING CASELOAD

There are no records on how many lemon law cases are filed around the country, but the Center for Auto Safety, a nonprofit group in Washington, D.C., offers a conservative estimate that vehicle manufacturers buy back 100,000 lemons a year.

In New Jersey, the courts saw a 10 percent increase in lemon law cases -- to about 1,600 filings -- in 2005. In the first five months of this year, 650 cases were filed, court statistics show.

Many cases settle out of court, but others are more thorny.

Dennis Stabile's case was one of those. A Miami cop, Stabile was vacationing in New Jersey in 2003 when his truck broke down. He stopped at a Millville dealership and bought a new Dodge. Almost as soon as he drove away, he noticed it pulled to the right. Over the next year or so, the truck was in the repair shop for a total of almost three months, he said.

Stabile filed suit. The company said everything possible had been done to fix the problem and the case went to trial in Cumberland County, featuring experts and testimony about the warranty. In March, a jury decided in Stabile's favor. Now, that verdict is being appealed, attorneys said.

"I'm stuck with this truck," Stabile said. "I can't do anything. It's unbelievable."

The New Jersey courts recently started a pilot program to help people like Stabile avoid trials. The idea is to get vehicle manufacturers and drivers to discuss their differences early and reach a settlement that saves both sides time and money.

Clarence Ditlow, executive director of the Center for Auto Safety, said he knows of no other state that has launched targeted programs to settle lemon lawsuits.

"One of the things about automobiles is it's what the family gets around in," he said. "If you only have one and it's a lemon, then justice delayed is justice denied."

Under the program -- which applies to all lemon law cases -- the courts ask attorneys to pick one of three types of dispute resolution shortly after the first round of paperwork is filed.

Officials said they do not know exactly how many cases are in the pilot program. A review will help officials decide if they want to make the program permanent.

On a recent morning, Douglas Widman, an Oakhurst lawyer acting as an arbitrator, convened an informal session for the parties in a case at state Superior Court in Freehold.

"What we try to do in this short period of time we have is review the facts ... and come up with a decision as to what might happen in court," he said by way of introduction. "It's less expensive to do it in a small room like this. It also gives you an opportunity to understand firsthand both sides of the case."

Each attorney got to ask questions, the owner had a say and, in about an hour-and-a-half, Widman announced his decision: The owner deserved some money. The parties were then given several weeks to decide how to proceed.

"It's always better to resolve it," Widman said at the close.

The program is tailor-made for people like Laurie and Ronald White. The family leased a Toyota Sienna minivan in 2003, but for the past 18 months the minivan has mostly sat in front of their Manalapan home. Laurie White said the wheel and tires started randomly locking, though diagnostic checks indicated nothing was wrong.

"The whole car would be jerking and then pulling you to the left. It scared me that this was such a serious thing and nothing had come up," she said.

Unable to get out of the lease, the Whites sued. Toyota officials said company policy is not to comment about ongoing litigation.

An arbitrator suggested the Whites should get about $8,000 toward the lease payments they made while the car has been out of regular use. But that decision was appealed and the case is now headed to trial, lawyers in the case said.

As for the lemon law specialists, Kimmel and Silverman, they are fans of the pilot program. While techniques like arbitration don't always immediately lead to a settlement, it allows everyone to get a solid idea of the stakes and issues, they said.

Even before they came to be specialists in the world of cars, motorcycles and everything else on four wheels, the men each had a fascination with vehicles. Growing up, Silverman used to sit on the sidewalk of a busy street and try to guess the make and model of each car that came into sight. And Kimmel worked as a mechanic to help pay for law school.

Today, the lawyers seem to delight in telling stories about cases they've seen. They've had cases against nearly every manufacturer, from Kia to Ferrari. Some are routine, like slapping pistons and bad rotors. And some are more disturbing, like the car with a mold problem so bad that every screw hole turned black and grass near the driveway died.

"Every month, I'll get a different one that is so wacky," Silverman said.

And that has led Silverman to develop a simple but sure philosophy about the world of lemon laws.

"As long as they make cars," he said, "there's going to be some bad ones."

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Do Your Homework When Buying Used Car

Spring is the time of year many people are on the hunt for a new car and many are looking at used cars, only to learn costly lessons।They don't ask the right questions until it is too late and the money has been paid."(When you buy a car) everybody is laughing and talking and congratulating on your choice of cars," said Edna Beard, of Germantown.

However, Beard is not laughing. She said that after the deal was done, she found out she paid $18,000 for a car that was worth $13,000."Even though they had ripped me off, they had done it legally," Beard said.Consumer Alert hears from people like Beard all the time, through e-mails and phone calls -- people who feel they got a raw deal on a used car. But you can protect yourself.One of the biggest misconceptions is that the car dealership has to tell you everything there is to know about a car without being asked."You always want to ask every question you can think of about the car. What was its history? Where did the car come from? How did the dealership acquire the car?" said Craig Kimmel, a lawyer who specializes in lemon laws.Kimmel said that buyers should also ask if the car has ever been in an accident and if the odometer has been altered or damaged.Dealerships are required to disclose if the car has a salvage title or a flood title -- a designation given when the car has been significantly damaged, which is something to be on the lookout for since the Katrina flooding.Buyers should also try to get a vehicle history report from a service like CarFax, which provides information about what has happened to the car. The buyer can get it from the dealer, or they can get it on their own."It's not an absolute as far as information goes. It's helpful. It's a guide," Kimmel said.Buyers should also consider having a mechanic check out the car. If the dealer refuses the request, that should be a red flag.Even though it sounds like a lot of work, all these bases need to be covered before you buy."Like doing your taxes. No one likes investigating and doing your homework for buying a car. It's not fun, but it can be very rewarding," Kimmel said."But remember what the executive director of the Philadelphia Auto Dealers Association reminded me today -- the person with the power is the person with the checkbook. If you are not comfortable, if you don't get your questions asked, walk away," NBC 10's consumer reporter Tracy Davidson said.

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Car Buyers Should Check The 'Car Complaint Index'

Sara Underwood
Reporting

(CBS4) BOSTON If you’re in the market for a shiny new sport utility vehicle, sports car, or sedan, no doubt you’ll want to do some research before you make your purchase.

But we’re going to make it easy for you and do some of that research for you, by giving you a look at some of the most complained about cars in the country.

Every year, the Center for Auto Safety puts out their car complaint index which tells consumers what cars receive the most complaints.

And consumer attorney Craig Thor Kimmel says it’s a great place to start your research when looking to buy a new car.

“What we try to do is use it for consumers as an additional tool either when they’re buying a car, or to understand something that’s going on with their vehicle that they now own,” said Kimmel.

The complaint index is based on a ratio of the number of complaints on a vehicle to the number of vehicles sold.

“The more complaints that are made per thousand vehicles, the higher a car will go on the list,” said Kimmel.

The top vehicles on the list for 2006 are: the Dodge Magnum, Ford GT, Suzuki Verona, Pontiac GTO, and the Land Rover LR3.

Kimmel says “they always come up short because of reliability issues. They’re like the cubs, they’re loveable, people buy them because they’re great looking, they have great features, but they always come up short.”

Rounding out the top ten are: the Chrysler 300, Buick Terraza, Nissan Armada, Nissan Quest, and the Toyota Prius.

But keep in mind, just because a vehicle is on the list, doesn’t necessarily mean it should be.

"I’m a Prius owner and every year I talk about this car because it’s on the list. Do you know why it’s on the list in my opinion? Because people don’t understand how this hybrid works,” said Kimmel.

Despite the list’s shortcomings, experts say it’s a tool that consumers should definitely check out.

According to Kimmel, “it’s not the be all, end all, but it’s certainly something you should be aware of.”

A spokesman for the Alliance of Automobile Manufacturers told us consumers should check out as many resources as possible, including this list, before they buy a new set of wheels.

If you’d like more information on how to access the complete car complaint index, go to www.lemonlaw.com.

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Federal Consumer Law Can Help Weed Out Lemon Cars

Magnuson-Moss Warranty Act Covers Products Over $25

(CBS4) BOSTON If your new car turns out to be a clunker, and it's too late to get your money back under the state's lemon law, a federal regulation, known as the Magnuson Moss Warranty Act, could help save you time, energy and money.

The law covers any consumer product that cost over $25 and is covered under a written warranty.

Tim Hovasse, a resident of Burlington, purchased a 2004 Nissan Quest minivan that reportedly had skylights that started to leak and a side window that popped out, ruining two car seats.

“We just went for a bigger car and then we just got a big headache," Hovasse said. “It was jut one nightmare after another."

Hovasse said the problems led to multiple, fruitless trips to the dealership, who could not find out what the problem was.

Since the problems didn’t begin until a year after Hovasse bought the car, he couldn’t file a claim under the Massachusetts lemon law, which, for new motor vehicles, offers consumers a "term of protection" of one year or 15,000 miles of use from the date of original delivery of a new motor vehicle.

Hovasse hired a consumer attorney, Craig Thor Kimmel, who said they should fight Nissan by using a federal law called the Magnuson Moss Warranty Act.

The law was enacted in 1975 after Congress found that many merchants were misrepresenting or ignoring the terms of a warranty.

“We use the federal law in addition to the state law to get the manufacturers to provide the recovery and pay the attorneys fees,” Kimmel said.

According to Kimmel, most motorists don't know about the act and it covers more than cars.

“It applies to any consumer product that’s over $25, that’s under warranty, written warranty,” Kimmel said.

In Hovasse's case, Nissan bought back the car, reimbursed him for the car seats and paid his attorneys fees.

“I would do it again if I had another lemon, which I hope I don’t," Hovasse said.

If you’ve experienced a problem with a car, or any major appliance for that matter, you can visit www.lemonlaw.com to find out how you can use this law to your advantage.

To read the Magnuson Moss Warranty Act, click here.

To access the Massachusetts lemon law, click here.

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3 On Your Side: Car Problems

Jim Donovan
Reporting

(CBS 3) PHILADELPHIA Are you having problems with your car?

Maybe you think it's a lemon, or you keep getting it repaired with no end in sight.

Well, 3-on your side's Jim Donovan has you covered.

We hear car complaints all the time, and often we notice a pattern. Some makes and models are complained about more often than others.

But there is a list that could help you the next time you're in the market for a car. When it comes to automotive complaints some cars do better than others.

That's where the center for Auto Safety's Complaint Index comes in.

"The list is a ratio, the number of complaints made for a thousand vehicles sold. So if you have a lot of vehicles sold and a lot of complaints then perhaps it will be on the list. But if you have a lot of vehicles sold and very few complaints that car may not be on the list," explains attorney Craig Kimmel.

These vehicles have the highest number of complaints based on the numbers of cars sold:

1) Dodge Magnum
2) Ford GT
3) Suzuki Verona
4) Pontiac GTO
5) Land Rover LR3
6) Chrysler 300
7) Buick Terraza
8) Nissan Armada
9) Nissan Quest
10) Toyota Prius

Kimmel says use the list as a tool, along with other research, but not as your only research.

"Does it verify the existence of a problem? No. Does it tell you whether the problem was fixed at a later date? No. Does it tell you whether the new model of that car will have the problem? No. But it is a guide. Because often you don't want to buy a car that you know has problems or a history of other people complaining," explains Kimmel.

It's just another tool to make an educated purchase.

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KEARNY, NJ CONSUMER CHALLENGES DAIMLER CHRYSLER

KEARNY, NJ CONSUMER CHALLENGES DAIMLER CHRYSLER ON THEIR FIVE-STAR SERVICE AND WINS BUYBACK AND $30,000 IN DAMAGES

Suffering numerous dilemmas with his Dodge Durango, Raul Ortiz successfully battled the manufacturer in Hudson County Superior Court under the New Jersey Lemon Law and the State's Consumer Fraud Act.

(Jersey City, NJ) After repeated repair attempts to fix his transmission and rear differential on his 2001 Dodge Durango, Kearny, NJ resident Raul Ortiz became more than frustrated with Chrysler's promise of five-star warranty service. His frustration led him to fight the billion-dollar manufacturer in Hudson County Superior Court. On Tuesday, October 12, a jury sided with him under the New Jersey Lemon Law and the State's Consumer Fraud Act, awarding him a full buy back of his vehicle, $30,000 in damages, and attorneys fees. Ortiz was represented by Cherry Hill, NJ based lemon law firm of Kimmel & Silverman. Judge Edward O'Connor, Jr, J.S.C. presided over the case.

“Every time I brought the truck in the shop for a problem, it would never seem to get fixed,” said Ortiz, who experienced problems with his transmission within the first year of owning the truck. “I couldn't get the truck to shift properly, and then I would hear this strange noise from under the truck which never could be diagnosed.” Over a three-year period, Ortiz brought his truck back to a Chrysler-authorized dealership eight times for the same problems.

After exploring his options, Ortiz contacted the lemon law firm of Kimmel & Silverman in February 2003. The firm accepted his case under the New Jersey Lemon Law, which states that if a consumer has a problem in the first 18,000 miles or 24 months, which ever comes first, and the problem continues to occur despite a reasonable number of repair attempts, the consumer is entitled to seek remedy from the manufacturer. The maximum remedy is a full refund of purchase, including all taxes, tags and finance charges, minus a small mileage offset.

The Firm agreed to take Ortiz's case on a no-cost basis. If the plaintiff prevailed, Daimler Chrysler would be responsible for paying all attorneys fees and legal costs on top of what the consumer received. If for some reason Ortiz did not prevail, there would be no charge. The firm has provided 100% cost-free legal representation to more than 30,000 consumers since 1991, recovering over $125 million for their clients.

“This was a clear cut lemon law case that should never have gone this far,” said the Kimmel & Silverman attorney who represented Ortiz. “Chrysler trumpets their five-star service as being superior, promoting a ‘problem is fixed the first time' mentality. Mr. Ortiz had quite a different experience, with countless repair visits that seriously interrupted his life, both business and personal, first with the transmission and then the rear differential and transfer case. Chrysler should've fixed the vehicle properly and having failed, should have bought it back a long time ago, without making their customer go to Court.”

After a three day trial, the jury agreed with the Kimmel & Silverman lawyer and awarded Ortiz a buy back of $25,822.30, minus a mileage offset as prescribed by the Law, and additional damages of $10,000 which were trebled to $30,000 under the Fraud Act. Kimmel & Silverman will file a petition with the Court to collect their attorneys fees and legal costs from the manufacturer as well.

Daimler Chrysler has yet to appeal the decision. They have 45 days to do so. Daimler Chrysler was represented by attorney Jason Gareis of the Springfield, NJ based law firm of Hardin, Kundla, McKeon, Poletto & Polifroni, PA.

“I am pleased that the jury agreed that Daimler Chrysler misled Mr. Ortiz as to how he would be treated and how his problems would be dealt with,” said Ortiz's attorney. “It is unfortunate that it took so long for my client to find closure on this issue and that the manufacturer made no reasonable effort to previously settle this matter.”

“I am ecstatic,” said Ortiz. “It was a long time coming, but well worth it.”

For more information about consumers' rights under the New Jersey Lemon Law, visit Kimmel & Silverman's website at www.lemonlaw.com.

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PENNSYLVANIA LEMON LAW TAKES EFFECT TODAY

PENNSYLVANIA LEMON LAW TAKES EFFECT TODAY

Law Expands To Protect An Estimated 25% of PA Consumers Who Lease Cars & Trucks

PENNSYLVANIA (February 11, 2002) - Effective today, the Pennsylvania Lemon Law has been expanded to include legal protection and cost-free legal representation for Pennsylvania consumers who lease their vehicles. The change marks the first major amendment to the Pennsylvania Lemon Law since it was enacted in 1984.

According to R.H. Polk, leasing makes up 20% of all PA new car sales and 26% of all PA light utility truck sales each year. This is a sharp increase from 1984, when 6% of PA consumers were leasing.

Under the new Law, Pennsylvania consumers who purchase or lease their car may be entitled to a new car or the refund of their purchase price, if their car has a substantial defect that first occurs in the first 12 months or 12,000 miles and can not be fixed within three repair attempts; or if the car is out of service for 30 or more calendar days. Under this Law, consumers are also entitled to cost-free legal representation, with the manufacturer paying all court costs and legal fees if the consumer prevails.

As a legal consultant to the House Consumer Affairs Committee, Attorney Craig Thor Kimmel has been working on expanding the Law for more than 4 years. "The revised Pennsylvania Lemon Law clearly defines the responsibility manufacturers have when it comes to Pennsylvania consumers who decide to lease," says Kimmel, whose Ambler-based consumer advocacy firm, Kimmel and Silverman, has provided cost-free legal representation to more than 18,000 consumers under State and Federal statutes.

Governor Mark S. Schweiker signed the Bill to expand the Law in December. The Prime Sponsor of SB286 is Senator Stewart J. Greenleaf (R-District 12, Montgomery County). SB 286 was moved at the same time as HB 767. The Prime Sponsor of HB 767 is Representative John R. Evans (R-District 5, Erie and Crawford Counties).

For more information on consumers' rights under the Pennsylvania Lemon Law and to view the Bills that expand the statute, consumers can call 1-800-LEMON-LAW (1-800-536-6652).

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CONSUMER GETS "LEMONAID" FOR DEFECTIVE DELL COMPUTER

CONSUMER GETS "LEMONAID" FOR DEFECTIVE DELL COMPUTER

Chicago, Illinois - You've heard the horror stories about cars that turn out to be lemons, but what about computers? Just ask Ron Mazur of Illinois. His $3500 Dell continued to "blow up internally", even after Dell repaired it 6 times. He would confirm the diagnosis of his Dell as a bona fide " lemon".

According to the Computer Industry Almanac, the United States has the largest number of PC's in use, with 175 million total units at years end 2001. That's up approximately 13 million from 2000. An estimated 50.4% are used in homes in the U.S.,which is greater in-home usage than any other country in the world. Although there are no true statistics available to measure the percentage of units sold that are "lemons", the industry average stands at around 1%.

The growth in both computer sales and usage, has motivated some state legislatures to begin working on laws that would protect the consumer who purchases a defective computer. These laws would be similar to the vehicle lemon laws enacted in most states.The Illinois State House of Representatives unanimously passed "The Computer Lemon Act", or House bill 720, in March of 2001. The Bill proposes manufacturers be given 2 attempts to fix a defect, and than a replacement computer or compensation must be offered to the buyer, if the unit can not be repaired. The Bill moved to the Illinois Senate, where, as of March 8, 2002, it sits with the Rules Committee.

Eventual passage of The Computer Lemon Act would provide a consumer, such as Ron Mazur, with relief from his "dysfunctional Dell", and would ensure that manufacturers comply with their warranties. Mazur had no complaints with his previous computer, a Compaq desktop, but upgraded to a Dell, based on the manufacturer's reputation for quality at an affordable price. "I thought they would stand behind their product," says Mazur," but after each repair, it would work for a few weeks at most, than burn up inside the unit. There was fire and smoke, it was scary."

Mazur tried to reason with Dell, but they couldn't repair the computer he had and would not give him a new one. They claimed the problems were in his apartment's wiring, though no other tenants in the building were experiencing similar problems with their computers. Frustrated, and doubtful that he would ever have a working computer, Mazur contacted attorney Adam Krohn, of Krohn & Moss, Ltd., a Chicago law firm. With offices in 7 states, Krohn & Moss has handled thousands of lemon law claims. Some of those claims now include, "lemon computers".

According to Mr. Krohn, "A computer is a complicated piece of equipment that the average consumer would now know how to repair. Why should you be at the mercy of the manufacturer if there is a defect that they can't repair, even after numerous attempts?" Dell was more willing to listen after a phone call from attorney Krohn, but he wonders how many other consumers are unaware that legal help is an option for a computer that turns out to be a "lemon".

"Had my girlfriend not called Krohn & Moss, I would still be fighting to get a computer that works," Mazur says. The lemon law firm offers a free case review to owners of defective vehicles, computers, and other consumer products. Krohn & Moss utilize both federal and state laws, and the manufacturer involved in the claim must pay the attorney's fees, according to the laws. Mazur wound up with a new Dell computer, with more bells and whistles and no smoke and fire. "It still doesn't work as well as my old Compaq," he claims.

To read the Chicagotribune.com story, please copy and paste the following link into your browser;

http://www.chicagotribune.com/technology/developers/chi-020503lemon.story

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AUTO LEMON LAW UPHELD

AUTO LEMON LAW UPHELD (7/12/02-WARSAW TIMES UNION)

Arnold Dempsey bought a new Mercury Grand Marquis from Dimension Ford, Fort Wayne. The recent retiree had researched manufacturers and models and chose the Grand Marquis, one of Ford/Lincoln/Mercury's flagship cars, based on its reputation for quality and dependability.

Four months after purchasing his new car, Dempsey felt the vehicle begin pulling to the left towards oncoming traffic. In a matter of seconds, the vehicle could literally change lanes and cross the center line unless corrective measures were taken. He took the car back to the Ford dealer. Over a five-month period, four different Ford dealers tried several alignments, numerous brake repairs and replacement of the steering gear box, yet the condition continued.

Dempsey called Ford Customer Assistance, using their 800 number listed in the warranty booklet that came with his car. They told him to go back to another authorized dealer. After seven attempted repairs, Dempsey contacted the "lemon" law firm of Krohn & Moss, Ltd.

June 19, after a one-day jury trial in Kosciusko County Super Court, a judgment was rendered awarding Dempsey a refund for the Grand Marquis, which required Ford Motor Co. to pay him $19,132.46 and pay off the remainder of his loan on the car. The jury found that Ford Motor Co. had violated the Indiana "lemon law" and breached its warranty under the Magnuson-Moss Warranty Act.

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OHIO'S LEMON LAWS STAND IN LAND ROVER TRIAL

OHIO'S LEMON LAWS STAND IN LAND ROVER TRIAL

Cleveland, Ohio, July 23, 2001 - A jury in Cuyahoga County Common Pleas Court found in favor of the owner of a Land Rover Discovery II under Ohio's lemon laws. The $45,000 luxury vehicle spent a total of 52 days in the shop for repairs to the electrical system, brakes, steering, engine, transmission, accelerator pedal and other problems during the first 17 months of use. The laws offer strong protection to consumers who purchase a vehicle in Ohio, as confirmed by a recent Ohio Supreme Court decision.

The manufacturer's outstanding reputation for quality, luxury and dependability led Demetrius Smith to purchase the high end Land Rover. "I wanted a car I could use for both work and leisure as I spend so much time on the road. This SUV gave me problems from the first day I drove it and certainly was not a vehicle I could trust or count on," adds Mr. Smith

Recently, the Ohio Supreme Court overturned a lower Appeals Court decision on a lemon law case involving a consumer who drove a loaner for the 55 days her Toyota was out of service, than repaired. According to the Ohio Supreme Court, "It does not matter if the vehicle is repaired after 30 days, because the law clearly says it has become a lemon and…sets in well-defined terms the limit of frustration a consumer must endure."

According to David Levin, attorney for Krohn & Moss Ltd., the law firm that handled the Land Rover case, "The jury's verdict in this case shows that the average consumer does have hope in his or her battle against the large automobile manufacturers. A consumer should never think that it is a lost cause, because Ohio has one of the most favorable lemon laws in the country. In fact, in light of the Supreme Court's recent decision, the law is even more favorable towards consumers and should be enforced strictly by the courts." The law firm of Krohn & Moss handles hundreds of lemon law claims across Ohio each year. The laws provide for payment of consumers legal fees by the manufacturer or seller of the vehicle in the majority of lemon law cases.

Mr. Levin can be reached by calling Krohn & Moss at 888 MY LEMON (888-695-3666), extension 215, toll free from anywhere in the US. Visit the Krohn & Moss website at www.yourlemonlawrights.com or e-mail Mr. Levin directly, dlevin@consumerlawcenter.com

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Wisconsin's lemon law

Wisconsin's lemon law

If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).

What is a "lemon"?

A new vehicle - no more than a year old and still under warranty - is a "lemon" if

• It has a serious defect the dealer can't fix in four tries, or
• It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)

What is a defect?

A defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.

What vehicles are covered?

The law covers any new car, truck, motorcycle or motor home you buy or lease, even if you register the vehicle in another state. It also covers a demonstrator or executive vehicle.

How long are you covered?

The lemon law includes no deadline for filing a lemon law suit; a court would decide if your case were too old.

Is your vehicle a lemon?

Your vehicle is a lemon if all of the following statements are true:

• You bought or leased a new vehicle.
• The vehicle is a car, truck, motorcycle or motor home.
• The vehicle developed a defect or defects during its first year and before the warranty expired.
• The defect seriously harms the vehicle's use, value or safety.
• One of the following happened during the vehicle's first year and before the warranty expired:
  • The dealer failed four times to fix the same defect; OR
  • The vehicle was out of service for 30 days or more due to defects

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What should a lemon owner do?

• Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
• Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
• We strongly urge you to use the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law Notice form to ask the manufacturer for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law. Send the form to the manufacturer at the address in your owners manual. The manufacturer has 30 days to respond. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
• If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
• If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.
• Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666 or WisBar Lawyer Referral and Information Service.

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Who can you call for help?

WisDOT's Dealer Section licenses and regulates dealers and manufacturers and helps resolve disputes about vehicle sales and warranties. Contact the Dealer Section if you have a complaint against a dealer or manufacturer.

The Dealer Section won't resolve your Lemon Law complaint for you, but it will give you more information about exercising your rights under the Lemon Law.

U.S. DOT auto safety hotline

If you own a car or truck that you feel has a safety defect you should report the problem to the Hotline at the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT).

The U.S. DOT Auto Safety Hotline specializes in gathering information about safety problems in motor vehicles and equipment and is your chance to help identify these problems which sometimes lead to recalls. The Hotline can be dialed toll free at (888) DASH-2-DOT or (888) 327-4236 or you can now file your vehicle safety defect report online.

Need a speaker?

WisDOT's Dealer Section (608) 266-1425 or dealers.dmv@dot.state.wi.us has speakers for your class or meeting. It's free! Please give us four weeks' notice.

Topics include:

• The lemon law
• Wise car buying

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Manufacturer arbitration programs:

Arbitration is an informal way to resolve your complaint without going to court. Arbitrators - often volunteers from the community - decide your case based on information you and the manufacturer provide. If your manufacturer has an arbitration program certified by WisDOT, you must use it before suing under the Lemon Law. If it is not certified, you do not have to use it. In either case, arbitration is free, you don't need a lawyer, and you don't have to accept a decision you don't like. Please call the toll-free number for the program's current procedures.

Certified by the State of Wisconsin:

BBB Auto Line
Better Business Bureau Auto Line
4200 Wilson Blvd.
Arlington, VA 22203-1838
(800) 955-5100

(Certified for: Audi, General Motors, Hyundai, Isuzu, Kia, Saturn, Volkswagen)
(Non-certified for: Acura, AM General, Geo, Honda, Infiniti, Lexus, Nissan, Subaru, Ford, Lincoln, Mercury, Merkur)

National Center for Dispute Settlement
2777 Stemmons Freeway, Ste 1452
Dallas, TX 75207
(866) 767-7244

(Certified for: Porsche)
(Non-certified for: Toyota, Mitsubishi)

Consumer Arbitration Program for Recreation Vehicles (CAP-RV)
DeMars & Associates Ltd.
P.O. Box 1424
Waukesha, WI 53187-1424
(800) 279-5343

(Certified for: Coachmen)

If you have questions:

• E-mail: dealers.dmv@dot.state.wi.us
• Call: (608) 266-1425
• FAX: (608) 267-0323
• Write to the address below:

Wisconsin Department of Transportation
Dealer Section
4802 Sheboygan Avenue, Room 201
P.O. Box 7909
Madison, WI 53707-7909

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Lemon Law Tip

KEEP A COPY

of all documentation you have regarding your vehicle and its history. This includes all repair orders, purchase contracts, warranty book and owners manual that came with your car.

TAKE WRITTEN NOTES

of all conversations you have with your dealership and repair technicians concerning your vehicle and its “lemon” potential. Include the date, time and what specifically was discussed. This includes phone calls and in-person contact.

ASK ABOUT TSB’s,

or Technical Service Bulletins, instructions from the manufacturer that alert dealerships of specific defects or necessary repairs in certain models. If you don’t ask your dealer might not present you with this information, so speak up and ask your technician to write your request on the repair order.

PREPARE A TIMELINE

if you have many repair orders in your possession, to organize each repair attempt by date, the number of times the vehicle has been in the shop, and how many days total your vehicle has been out of service.

DO NOT BE DISCOURAGED

by your dealer, repair technicians, or others who might tell you the problems you are experiencing with your vehicle are minor and that you do not qualify under the lemon law for any sort of relief. ONLY AN ATTORNEY who is licensed to practice law in the state where you purchased your vehicle and has some familiarity with the lemon law, can make that determination!


credit by http://www.lemonlawamerica.com

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