Lemon Law Blog

We are getting a lot of calls recently on the 1-800-LEMON LAW hotline from folks who think the State and Federal laws are cut and dry, want to fight on their own, and just want some advice on how to move forward. 

Unfortunately, if the Lemon Laws were as cut and dry as they seemed, there would be no need for our services or for any other consumer law firm.  However, despite the fact that manufacturers are continuously suffering financially, they are still paying counsel top dollars to fight consumers’ claims.  Just today, we received a call from a NJ consumer with a 2007 sports car that has been in the shop 30 days in the first 18,000 miles.  The New Jersey Lemon Law specifically says that the car has to be in only 20 days.  Slam dunk, right?  He went on his own and filed through New Jersey’s Office of Administrative Law and lost. Why? Because, he wasn’t prepared for the fact that the manufacturer would do everything they could to illustrate they fixed his car, and because they fixed his car, he was entitled to nothing.  Now, we know that is not how the law works and we are prepared to argue that’s not how the law works.  But, it you are left alone to fight the lions with no proper training, how can you truly defend yourself?

If you have been in three times for the same problem under warranty, or your car has been in the shop for many days within the first year of ownership, you need to take charge. But to go it alone without knowledge of the law remains a dangerous situation.  What happens if the car is fixed prior to the case being heard?  Does that mean you are no longer entitled to damages?  What happens if the service manager cannot duplicate the problem?  What happens if they claim that just because the check engine light has come on five times, it’s the same problem?  What happens if a last chance letter is sent and they give the car back to you and the problem reoccurs?  What happens if they tell you that you will need to meet with a field representative but because they have laid off so many people due to the economy, you won’t be able to see one for a few months?  What happens if they can’t figure out why your car is stalling and they urge you to just put some more mileage on it to see if the problem continues?  COME ON!  We have heard it all.  An experienced Lemon Law lawyer can help you cut through the clutter. 

THE LAW PROVIDE FREE HELP.  There is no catch.  Visit our news room to read the many news stories regarding the Laws and your rights; the Laws have been written to ensure that consumers are on equal footing with the manufacturers.  The Laws enable consumers to have an experienced attorney fight their battle for them at no cost, with no risk.  Why not take advantage of it? 

Have questions?  As always, ask away!  I can assure you we don’t bite, unless you are a car manufacturer.

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You may remember a while back, we reported on this lawsuit involving a handicapped senior citizen who was taken for a ride by a local dealer.  We are pleased to offer this follow-up:

HANDICAPPED SENIOR CITIZEN FROM BUCKS COUNTY WINS TENS OF THOUSANDS IN DEALER FRAUD LAWSUIT AGAINST CHERRY HILL TRIPLEX Consumer Sues For Fraud And Deceptive & Unfair Trade Practices

FOR IMMEDIATE RELEASE  A handicapped senior citizen who filed suit against the Cherry Hill Triplex automotive group of Southern New Jersey, claiming deception and theft, has won $13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona.  Craig Thor Kimmel and Melissa K. Fiala of the lemon law and consumer advocacy firm of Kimmel & Silverman, P.C. brought the case on behalf of the consumer.

According to attorney Melissa K. Fiala, the testimony revealed that Cherry Hill Triplex engaged in practices that were unlawful and deceptive. Craig Thor Kimmel says “It is a terrible thing that in these difficult economic times, some businesses feel entitled to take advantage of their customers. Senior citizens are especially vulnerable and should be cautioned never to go it alone when swimming in these shark tanks.’  Both Kimmel and Fiala further say that consumers can’t believe everything they read in mail or print advertisements.  “As the old adage says, if it’s too good to be true, it most likely is.  Mr. Hammel learned the hard way.” says Kimmel.

If you feel that you have been victimized by an automotive dealership, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652) to learn more about your rights.

Read more about Hammel’s case and the decision by clicking here.

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Are you watching the news?  If you are, chances are you are not feeling too well.  The economic outlook is dismal, and that my friends is a euphemism….the money we have worked so hard for, the money we have invested in our future and our family’s future, is in significant danger.  It does not do much good to point a finger at anyone. We know that what goes down must come up eventually, so hopefully, we can ride out this emotional roller coaster.  One thing we know for sure is that, with the exception of those who keep millions stashed under their bed and in their safe deposit box, we are all in this together.  And that includes automobile manufacturers.   Repeatedly, we have told you about the economic turmoil among the manufacturers.  General Motors shares continue in a spiral downward trend, and if you think Ford, Chrysler or any of the automakers is doing that much better, you are sadly mistaken.   Will any of them declare bankruptcy?  We hope not.  Are they in tremendous danger?  Absolutely.

So what does this mean for you, Mr. & Mrs. Car Owner? We know that loans and financing are certainly going to be harder to come by, and chances are manufacturers will also not be so lenient with warranty repairs.  If they can’t find the problem, then they can’t find the problem, and it’s highly unlikely they are going to invest the time and money to try and find it.  As we have repeatedly advised consumers, if you are experiencing a problem, you will need to be as descriptive as possible.  Are you hearing a noise?  Where is the noise coming from?  When doe the noise occur?  What exactly does it sound like?  Offer to go with the service manager on a test ride.  Help them help you. 

And if the manufacturer can’t fix or find your problem, then what?  Well, you can call the customer service hotline, and speak to a representative.  They will be glad to hear you out and they may present you with a claim number.  A follow-up call may offer one to two months payment, or an extended warranty if you are absolutely lucky.  Chances are good you will never hear them again.  The industry is suffering; they are not looking at offering you a handout without a fight.  And you can scream at your dealer until you are blue in the face.  As we have repeatedly told you, the dealer is not the defendant.  The fact is if you want to take action, you NEED to file a lemon law claim.  The beauty of filing a claim under the State Lemon Law or Federal Warranty Law is that legal help is free.  Under the fee-shifting provisions of these laws, your attorneys’ fees and legal costs are covered by the manufacturer ON TOP OF what of you receive.  It’s very important that you make sure that the lemon law firm you use provides completely free legal help.  With 1-800-LEMON-LAW, it is 100% cost-free win or lose, but it not like that with every firm.  Make sure you make sure that the law firm you are using provides completely cost-free legal representation. Ask questions.

The fact of the matter is that if you do nothing, you will get nothing.  During this especially difficult time, no manufacturer is going to go out of their way to help you.  if you have been in three or more times for the same problem under warranty, or your vehicle has been in the shop for a significant number of days, call us at 1-800 LEMON LAW.  We will be glad to go over your situation with you.  You could be looking at brand new car or a full refund, and if your car is fixed after three or four attempts, you could STILL be looking at significant monetary compensation (plus, you keep your car and your warranty remains completely in effect.)  The laws are out there to protect you, and protect your investment.  Take advantage of your consumer rights.  Utilize lawyers who understand the law, who work on these types of cases, who have access to the manufacturers’ legal team.  Our firm has three ASE-certified mechanics who work full-time inspecting our clients’ vehicles and researching their defects. And it does not cost our client one penny.  Fight for your rights, because if you don’t, no one will do it for you.  If you have any questions, feel free to drop us a line or fill out our Get Rid Of Your Lemon page, and we will contact you promptly.  

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GREENSBURG MAN FIGHTS BACK OVER BROKEN MOTORCYCLE

GREENSBURG (KDKA, 7/11/08) ― With gas prices up, motorcycle sales are rising too. Some motorcycles can get fifty, even sixty miles per gallon, but what if you run into trouble? If your motorcycle turns out to be a lemon, the PA Lemon Law doesn’t cover motorcycles, so what can you do? Here’s how one Greensburg rider fought back and won.

Brian Markiewicz of Norvelt spent close to $15,000 two years ago for his motorcycle, a brand new Yamaha Roadster, but his problems began the day he bought it.

“On the way home, it would pop back through the carburetor, hesitate and stall,” explained Markiewicz.

Markiewicz says it’s a problem that’s caused him more than a few close calls, but even though he took his bike back to the dealer for repairs at least seven times, nothing was done that fixed the problem with his bike.

Brian Markiewicz found help through Pennsylvania lemon law attorneys, Kimmel and Silverman. Brian learned that even though the state lemon law doesn’t cover motorcycles, there is a federal law that does.

“There is still recourse if you have a motorcycle that’s not working the way it should and it hasn’t been repaired by the manufacturer,” explained Brian’s attorney, Kimmel & Silverman Pittsburgh Managing Attorney Christina Gill Roseman.

It’s the Magnuson Moss Warranty Act, a law that covers not only motorcycles but computers, ATVs, any product that is under warranty, has problems and those problems aren’t fixed in a reasonable period of time. Usually three or more attempts to fix the problem is considered reasonable.

Attorney Christina Gill Roseman took Brian’s case to court. Arbitrators awarded Brian a settlement of $3,644 for diminished value of his motorcycle due to the unfixed problem.

“I keep the bike and I can have it repaired by anybody else or trade the bike or get rid of it or whatever I want to do with it, ” said Markiewicz.

Not only did Brian win a money settlement, he was awarded attorney fees as well. That’s because under the Magnuson Moss Warranty Act, consumers like Brian Markiewicz who fight back and win don’t pay.

“These are fee shifting statutes, “explained Gill Roseman. “That means if the plaintiff is successful, the manufacturer pays the fees and costs associated with their case.”

“So far, ” said Markiewicz, “it hasn’t cost me a penny. I am amazed.”

The moral of this story for consumers is if you have a product under warranty and can’t get satisfaction with repairs, you can take the company to court at a price you can afford. Nothing!

Contact Kimmel & Silverman at 1-800 LEMON LAW (1-800-536-6652) or click here.

To watch the story, click here

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We are very proud of our website. Since it’s inception over ten years ago as the first site dealing specifically with lemon law and breach of warranty rights, we have provided information to more than 20 million visitors.  We have been recognized by many organizations for providing comprehensive and useful information to both distressed drivers who already have a lemon car and potential car-buyers who are looking to buy a car without being taken for a ride.

That being said, it often surprises us when folks reach out to us for assistance and information, and then proceed to tell us that they think they will be able to handle it on their own through the dealership.  That would be okay–if the dealer was the defendant, but they are not.  In most cases, dealerships have NO authority to offer a consumer a buy back or an MSRP to MSRP swap (not a trade, but a swap). In addition, most consumers have

**NO access to the manufacturer’s legal counsel.  Sure, you can call the customer service hotline and receive a case number, but what does that mean?  And, who are you talking to on the other line? In most cases, this is a pacifier.

**NO true knowledge of the last chance letter we frequently see on websites. Consumers should not send a last chance letter on their own.  Why are you only giving the consumer one last chance to fix the problem, when there is no guarantee that you will get a new car or buyback.  This is a law; it is not a guarantee.  Plus, you are creating a hostile environment between you and the dealership.  You need to speak to a lawyer first before issuing such a letter. 

**NO access to technical service bulletins, recalls, or case study to determine if the problems you are experiencing are common among the masses.  Plus, law firms offer ASE-certified experts who will write expert reports on cars and their conditions–at NO COST TO THE CONSUMER.

**NO ability to enforce the Magnuson Moss Warranty Act.  Yes, dealers are required to discuss the Lemon Law with you when you purchase a car.  But, if your problems fall outside the lemon law provisions, ask them about the Mag Moss and they will stare at you like you are speaking another language?  Do you think the dealer is going to offer you thousands of dollars to reflect the diminished value of the car? No and they are not required to.  If you have a car with 50,000 miles on it, what can a dealer do for you?  An oil change, a monthly payment, at the most an extended warranty, but you are entitled to SO MUCH MORE.

Our goal is to educate you about your rights so that you will enforce them if you need to.  However, the beauty of these laws is that they offer provisions which put you on EQUAL FOOTING with the billion-dollar manufacturers?  These provisions provide completely free legal help, either through us or another Firm.  Take advantage of them.  Let those who are more knowledgeable help you.  I can’t tell you the number of folks who tried to do this on their own, failed, and then virtually voided their rights.  If you are going to fight, make sure you have someone in your corner who knows how to battle. OK, I’m stepping off my soapbox now.

A quick programming note for viewers in the Delaware Valley–Craig Kimmel will be discussing the 2008 Car Complaint Index and the Center for Auto Safety’s Best Bets tonight on the Fox 29 News at 5.

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Your help is urgently needed on important legislation impacting on all consumers. The Arbitration Fairness Act of 2007 (House Bill H.R. 3010 and Senate Bill S. 1782) would outlaw mandatory arbitration agreements for consumer contracts.

As you know, businesses and corporations bury binding mandatory arbitration clauses in contracts for countless products and services including credit cards, new homes, and cars. These clauses force you to surrender your rights to a privatized system known as arbitration. Corporate wrongdoers and fraudulent companies protect themselves from being held accountable by hiding behind BMA clauses inserted in fine print.

Although states have tried to address this problem through their consumer protection laws, the courts have interpreted the current onerous Federal Arbitration Act to trump state laws leaving consumers very little recourse. Historically, the FAA intentionally omitted ordinary citizens from these types of agreements. The Arbitration Fairness Act would return this statute to its original intention and omit consumer, medical, franchise, and employment agreements from these pre-dispute agreements. Americans are entitled to a trial by jury; pre-dispute mandatory arbitration agreements give only one side the upper hand.

The Pennsylvania Trial Lawyers Association urges you to write to your Senators and Representatives and tell them to cosponsor this legislation. A sample letter is included below that you are welcomed and encouraged to modify. You can locate mailing info. for your Senators and Representatives by going to www.congress.org

**Sample Letter**

Re: BMA Clauses Hurt Average Americans

Dear ___________ :

I urge you to cosponsor the Arbitration Fairness Act of 2007, which would ban pre-dispute Binding Mandatory Arbitration clauses in consumer and employment contracts. This unfair practice stacks the deck against average Americans trying to hold powerful interests accountable when they have been hurt through no fault of their own.

Buried within the fine print of many consumer contracts for credit cards, home-building contracts and car purchases are clauses that force consumers to give up their rights to seek justice through the courts. These clauses have hurt thousands of Americans already, and will continue to do so if Congress doesn’t pass the Arbitration Fairness Act of 2007.

I ask you to consider the story of Guy Combs who was hurt by a Binding Mandatory Arbitration clause:

Vietnam veteran Guy Combs bought a house in his hometown of Alpine, Texas. After living in the house for only four years, Guy discovered that his home had severe structural problems. He asked his builder to repair the damage, but the builder offered to pay only $3,000 for $300,000 worth of damages. When Guy bought the home he unknowingly signed an arbitration agreement, which was not explained to him at the time. Therefore, he was forced to settle his dispute in arbitration.

Guy describes arbitration as “third world justice.” The arbitrator refused to recognize that there were damages to Guy’s home despite the testimony of twenty expert witnesses that Guy hired. The arbitration process cost him $77,000. The arbitrator billed him a flat fee of $150,000 but after negotiations he brought the fee down to $50,000 plus interest. Guy did not want to lose his ranch and, since there was no means for appeal, he paid the fees.

Guy has a PhD from Brown and he thought he understood our legal system, until his rights were eviscerated by arbitration.

Guy Combs is just one of thousands of victims of Arbitration. These clauses, buried within many consumer contracts for credit cards, nursing homes and car purchases, stack the deck against ordinary Americans and force consumers to give up their rights before a dispute even occurs.

Again, I urge you to cosponsor the Arbitration Fairness Act of 2007 which bans this unfair practice and allows hardworking Americans to seek justice through the courts, often the only place they can face powerful interests on a level playing field.

Sincerely,

_________________
For more informaiton, ccontact PaTLA 121 South Broad Street, Suite 600 Philadelphia, PA, 19107
Tel 215.546.6451 Fax 215.546.5430

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