The findings are published in the June 2009 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania’s oldest and largest full-service lemon law firm, and assisting more than 50,000 distressed drivers across the Northeast with cost-free legal representation.

Read the full article here: Pennsylvania Super Lawyers

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You can find MomSpace Magazine at bookstores and retail outlets throughout Pennsylvania, New Jersey and Delaware.  For a free subscription, visit www.momspace.com.

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Yesterday, Jason Ryan from our settlement department, along with long-time employee Lori Lee Harrison, paid a visit to the WMMR studios armed with a few dozen sweet treats for the crew.  Preston & Steve kept to their word, telling their listeners we were “exemplary” and reminding them that 1-800 LEMON LAW is the only lemon law firm in the Nation honored by the American Bar Association.  They also let Lori & Jason sit in for the entire show, which was a big treat for both of them.

Here’s a picture and a soundbite from the show.  Thanks to Preston, Steve, Casey, Kathy, Nick, Marisa and the crew.  You guys rock!

Soundbite: 1-800-Lemon-Law Plug on the Preston and Steve Show!

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For the life of us, we cannot understand why consumers still insist on trying to do this by themselves, when you can have access to an experienced attorney who has worked on thousands of lemon law and breach of warranty claims (not only that, but we have three ASE-certified mechanics on staff to inspect our clients’ vehicles and research their issues.)  The other day, a gentleman called with a real problem–he was two years into a four-year lease and he was experiencing many problems with his power-train.  Being that he thought he had a “slam dunk” case, he decided to represent himself through the NJ Lemon Law unit.  He couldn’t get a mechanic to testify on his behalf. The manufacturer hired attorneys to oppose his claim.  He ended being offered a very minimal settlement which only covered a few lease payments.  He now has decided to buy himself out of his lease, which means he is going to take a huge financial hit.  This is all because he thought he could handle this on his own.  We have seen many other claims where the consumer was promised a new car, only it turned out to be a trade and the consumer found themselves stuck in a terrible situation.  If you are not a doctor, can you diagnose someone with a chest pain? If you are not a contractor, can you build a house and ensure it’s going to last the test of time?  The legal help is free, the participation is minimal.  You can keep driving your car throughout the entire process….if you don’t take advantage of what the Law provides, then you are partly to blame for whatever happens.

We know that It sounds too good to be true, but we can assure you it is for real. You can read the many consumer stories we have in our on-line newsroom, or just take a look at some of our recent victories from the last quarter. The following are some of the repurchases we have successfully obtained in the last four months.  These clients received all taxes, tags, finance charges, monthly payments and value on their trade-ins, minus a very small mileage offset normally based on the mileage when they first brought the car to the authorized manufacturers dealership for service.  And how much did they pay for legal fees?  if you answered “nothing,” you get a gold star!

• 2007 Nissan Quest — repurchase under MA Lemon Law
• 2008 Nissan XTerra — repurchase under PA Lemon Law
• 2007 Nissan Quest — repurchase under NJ Lemon Law
• 2005 Nissan Murano — repurchase under PA Lemon Law (client had 26,800 miles when he called us.)
• 2005 Nissan Altima — repurchase under PA Lemon Law (client had 30,126 miles when he called us.)
• 2007 Chevrolet Silverado — Two repurchases in last four months under PA Lemon Law
• 2008 Chevrolet Colorado — repurchase under PA Lemon Law
• 2008 Chevrolet HHR — repurchase under NJ Lemon Law (settled in 28 days)
• 2007 Chevrolet Trailblazer — repurchase under PA Lemon Law (settled in 19 days)
• 2008 Chevrolet Cobalt — repurchase under NJ Lemon Law
• 2007 GMC Sierra — repurchase under NJ Lemon Law
• 2007 GMC Yukon — repurchase under PA Lemon Law (settled in 20 days)
• 2008 GMC Arcadia — repurchase under NJ Lemon Law (settled in 27 days)
• 2007 GMC Arcadia — repurchase under DE Lemon Law
• 2008 GMC Envoy — repurchase under OH Lemon Law (settled in 19 days)
• 2008 GMC Yukon — repurchase under OH Lemon Law
• 2006 Cadillac CTS — repurchase under PA Lemon Law
• 2007 Cadillac SRX — repurchase under MA Lemon Law
• 2006 Cadillac XLRV — repurchase under MA Lemon Law
• 2008 Cadillac CTS — repurchase under NJ Lemon Law
• 2008 Saturn Vue — repurchase under PA Lemon Law (settled in 12 days)
• 2008 Saturn ION — repurchase under PA Lemon Law
• 2007 Saturn ION — repurchase under PA Lemon Law
• 2008 Hummer H3 — repurchase under NJ Lemon Law
• 2006 Suzuki Forenza — repurchase under VT Lemon Law
• 2008 Audi A4 — repurchase under NH Lemon Law
• 2006 Hyundai Elantra — repurchase under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under PA Lemon Law
• 2007 Dodge Ram — Two repurchases under VT Lemon Law
• 2008 Dodge Ram – repurchase under PA Lemon Law
• 2007 Dodge Caliber — repurchase under PA Lemon Law
• 2008 Dodge Caliber –repurchase under PA Lemon Law
• 2008 Dodge Grand Caravan — repurchase under NJ Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under OH Lemon Law
• 2008 Chrysler Sebring Convertible — repurchase under PA Lemon Law
• 2007 Chrysler Town & Country — repurchase under PA Lemon Law
• 2008 Jeep Patriot — repurchase under PA Lemon Law
• 2006 Jeep Wrangler — repurchase under OH Lemon Law
• 2007 Jeep Commander — repurchase under OH Lemon Law
• 2007 Jeep Wrangler — repurchase under NJ Lemon Law
• 2006 Toyota Scion — repurchase under PA Lemon Law
• 2007 Toyota Solara –repurchase under PA Lemon Law
• 2008 Toyota Corolla — repurchase under PA Lemon Law
• 2008 Lexus LS460 — repurchase under NJ Lemon Law
• 2007 Lexus ES350 –repurchase under PA Lemon Law
• 2006 Lexus LX470 — repurchase under NJ Lemon Law
• 2007 Lexus GS300 — repurchase under PA Lemon Law
• 2008 Lexus GS400 — repurchase under OH Lemon Law
• 2005 Ford Mustang — repurchase under PA Lemon Law

Now, remember this is a legal process, so we can’t guarantee that you will receive a repurchase if you open a claim with us, but it could be possible.

Under the Laws we work with, a repurchase is the maximum remedy a consumer can receive.  Repurchases are reserved where the consumer has suffered a significant non-conformity which has affected the use, value and safety of the vehicle, and the problem has reoccurred repeatedly.  Another possible remedy under the Lemon Law is a new car. This known as an MSRP to MSRP swap, which is essentially a trade without the depreciation you would normally suffer.  As you know, the minute you drive a car off the lot, the value of the car depreciates significantly.  If you receive a swap, we take the MSRP from the sticker price of your car and apply it to the MSRP of a brand new car.  So, essentially you are getting a brand new car with the same features, and you have the same amount of equity in the new car as you did in the old car. The depreciation you would normally deal with does not apply.

There is also a third remedy under the State Lemon Laws and most commonly under the Federal Magnuson Moss Warranty Act–significant monetary compensation to reflect the diminished value of the vehicle for the problems you have incurred. This could apply if it is fixed after three repairs; if the problem is not threatening the overall use, value, or safety f the vehicle (i.e. radio);  it falls outside the lemon law mileage provisions; or if you purchased the car used but it still has a manufacturers warranty.  If you receive money, it is non-taxable and YOU GET TO KEEP YOUR CAR and your car is not branded in any way, shape or form.  Plus, your warranty remains completely in effect, so the manufacturer  is  still obligated to fix the car if problems persist, and you do not need to disclose that you received this money at time of trade or sale.  You may do whatever you want with the money.  You may have previously read in our blog about the Volvo SUV owner who received $7,000 after he heard Communications Director Michael Sacks on the radio. Here are some other folks who received monetary awards in the last four months(All of these folks kept their vehicles and had their attorney fees paid sepearately by the manufacturer):

• 2008 Volvo C70 — problems with convertible top, fixed after 4th attempt. Client received $10,000.
• 2008 Ford Ranger — client received $5,000.
• 2007 Ford Expedition — client received $6,000.
• 2005 Ford F350 — client received $7,000.
• 2007 Ford Expedition – client received $4,000.
• 2008 Toyota Rav 4 — client received $5,500.
• 2009 Dodge Journey purchased in another state but registered in PA — client received $6,750.
• 2006 Dodge Caravan –client received $5,250.
• 2007 Jeep Liberty — client received $5,000.
• 2006 Chrysler Town & Country with 32,000 miles — client received $3,250.
• 2006 Subaru Forrester with 61,000 miles — client received $4,000 (settled in 60 days).
• 2008 Land Rover LR 3 with 25,000 miles — client received $4,250.
• 2008 Saab 9-7 with 37,000 miles — client received $5,500.
• 2005 Saab 9-3 with 40,000 miles and the lease almost completed — client received $3,000.
• 2005 Mazda 3 with 50,536 miles — client received $4,000.
• 2006 Mazda 6 purchased used — client received $4,000.
• 2006 Mazda MPV — client received $4,500 (settled in 30 days).
• 2007 Mazda CX9 –client received $5,000 (settled in 45 days).
• 2006 Honda Civic with 32,700 miles, problems fell outside of lemon law — client received $3,500.
• 2005 Chevrolet Tahoe with problem starting at 29,000 miles and lease up – client received $4,000.
• 2005 Chevrolet Impala with problem starting at 25,000 miles — client received $3,000.
• 2004 BMW 7-series certified pre-owned with 56,600 miles — client received $2,500.
• 2004 BMW 5-series with problem starting at 52,000 miles & extended wty – client received $3,000.

And this is just a sampling of the work we have done in the last four months.  Think you have a lemon?    E-mail us you question or call us at 1-800 LEMON LAW (1-800-536-6652) and we will be happy to go over your situation and whether we can help.

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We have repeatedly provided tips on what to do if your car leaves you all wet. Provided you are under manufacturers warranty, make sure you take your car to an authorized manufacturers dealer as promptly as possible. And, when you pick up the car, make sure you also pick up a repair invoice that outlines the problem and what they have done to resolve it.  Keep these invoices in a safe place. If you are facing this problem repeatedly, and the service manager is leaving you out to dry, you need to take action.  If you are in the shop three times under warranty for a leak, you have the right to file a lemon law or breach of warranty claim EVEN IF THEY EVENTUALLY FIX THE PROBLEM.  Why?  Because your vehicle has suffered a non-conformity which significantly affected its use, value and safety.  A decent claim could result in significant monetary compensation…we are talking a partial or full refund…possibly even a new car. And as you know, under your lemon laws and federal laws we work with, the legal help is completely FREE.

And let’s say they fix the leak?  How sure are you that the leak will not return? Or worse yet, you may discover mold and/or mildew. Unfortunately, one thing we see time and time again are folks who do not open a claim because their problem is fixed…and then it pops up again 15,000 or 20,000 miles “down the road.”  The case is weaker. The remedy is usually weaker.

If you are find yourself ready to flip after discovering your drip, contact us via e-mail or phone at 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the situation with you and how we can help.

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Michael reviewed the invoices with the 1-800-LEMON LAW legal team and it turned out the listener had a strong claim under the Magnuson Moss Warranty Act.  Three weeks later, he settled his claim for $7,000, plus he gets to keep his vehicle, the extended warranty is in full effect (so if there is a transmission problem, Volvo is obligated to fix it), and the car is not branded in any way, shape or form.  Needless to say, our client was very happy.

This comes on the heels of Ernie from Wilkes Barre, PA who called when he heard Michael on WILK News Radio. He had already gotten rid of his Land Rover after he suffered numerous problems and he wanted to know if we could do anything.  He sent in his paperwork and Lemon Law Attorney Jacqueline Herritt succeeded in getting him $5,000. Ernie received $5,000 just for listening, and faxing in a few papers!  And, of course, neither consumer paid a dime for our legal help.

Remember, never be afraid to ask for help.  If you want to see if you have a potential lemon law or breach of warranty claim, click here and we will get in touch with you promptly.  And remember, to keep an eye on our blog for our next TV and/or radio appearance.

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 July 15, 2008– As headlines continue to roll in about the demise of the
relationship between late night talk show host Jimmy Kimmel and
comedienne Sarah Silverman, the calls are coming in at 1-800-LEMON-LAW,
the law firm of Kimmel & Silverman.

Clients of the largest automotive lemon law firm in the Northeast are
relieved to hear, after reading headlines which read “Kimmel & Silverman Split,”  that the Firm is still going strong.

The relationship between Craig Kimmel and Bob Silverman has lasted quite
a bit longer than Jimmy & Sarah’s-18 years to be exact. The attorneys,
who started out working for the same defense law firm, carved out a
niche in lemon law, using the fee-shifting provisions in State and
Federal Laws to provide cost-free legal assistance to consumers.  Since
its inception, the Firm has helped more than 45,000 consumers throughout
Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, Ohio,
Washington D.C., Rhode Island, Vermont and New Hampshire. Their website,
www.lemonlaw.com, receives over one million visits a year from
distressed drivers looking for legal assistance, and they have been
honored for their efforts by numerous organizations, including the
American Bar Association.

“I was quite shocked when the headline popped up on cnn.com,” deadpanned
lemon law attorney Craig Kimmel. “I thought my relationship with Bob was
going well. There were no warning signs. Then I found out about Matt
Damon, and turned to my good buddy Ben Affleck for advice.”

Craig and Bob do offer their best wishes to Jimmy and Sarah.
“Relationships are like cars; sometimes they go the distance, and
sometimes they don’t. At least cars have a warranty and when they are no
good, you have the lemon law and someone to go after.” says Kimmel.
“But, no doubt like our clients, we know that both of them will soon
find themselves on the road to recovery.”

EDITOR’S NOTE:  We love when people get our humor. This press release was picked up by numerous wire services, blogs and even the ABA Journal, whose headline reads “Law Partners Kimmel and Silverman are Still Happily Married!”

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Summertime is here…and there are so many seasonal staples throughout the Garden State–kids building sand castles, frozen custard stands, fresh Jersey corn…the list goes on and on. And, as you travel down your highway of choice or lay out on one of our sandy shores, you no doubt will hear or see our ads “Driving A Lemon? Make the call to 1-800-LEMON-LAW.” (Apparently, it’s a very popular song with the younger set as well.)

Indeed, New Jersey has one of the best lemon laws in the Nation. As we have continued to educate New Jersey consumers on their rights, other firms have popped up, in some cases claiming to be something they are not. Therefore, it’s very important to ask the right questions.

MOST IMPORTANTLY, is a partner or senior member of the firm licensed in New Jersey? It seems like common sense, but we know of at least one firm where the lawyer’s face is plastered all over his website, he posts his name in every ad, and he refers to himself as “respected” and “a trusted source in New Jersey” and guess what? He is not licensed in the State of New Jersey. His NJ cases are delegated to junior associates who are fresh out of law school. But, you wouldn’t know that unless you dug deep into his website or asked directly.

Ask about the Firm’s accomplishments in the Garden State. Kimmel & Silverman is proud to have it’s name known throughout New Jersey for its efforts, not just its ads. After all, an ad is one thing; its the actions of the people behind the ad that count.

**All of our New Jersey attorneys have extensive legal experience representing plaintiffs in ALL counties throughout the State. In addition Founding Partner Bob Silverman and New Jersey Managing Attorney Jacqueline Herritt have both been honored as New Jersey Super Lawyers by Law & Politics Magazine , representing the top 5% of all attorneys in the state of New Jersey. They are the ONLY lemon law attorneys in the State who have received this honor.

**Our attorneys have been asked by the Courts to teach arbitrators and mediators the fundamentals of the New Jersey Lemon Law, so they can be better equipped to hear cases.

**Bob Silverman has been called “a pioneer in lemon law litigation” by the Newark Star Ledger, one of the most prestigious newspapers in the State.

**Our NJ efforts have been featured on New Jersey Network’s program “Due Process,” News 12 New Jersey, NBC40 in Atlantic City, CW 11 New York, and The Comcast Network. We have also been featured in the pages of SJ Magazine, The Star Ledger, The Courier Post, The Trentonian, The Press of Atlantic City, and Business News New Jersey.

**We remain the only lemon law firm in the Nation to be honored by the American Bar Association.

**Since our inception in 1991, we have always provided completely cost-free legal representation to consumers throughout New Jersey (and our other states as well.)

If you have a potential New Jersey lemon law claim, please feel free to contact us at 1-800-LEMON-LAW (1-800-536-6652) or visit us at www.lemonlaw.com. To read the New Jersey Lemon Law Statute, please click here.

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It’s a little known Federal law called the Magnuson Moss Warranty Act, that’s not discussed by car dealerships when you purchase your car.  It’s a statute that is not heavily promoted or publicized but it applies to cars, or any products that cost over $25 and are covered by a manufacturers warranty.  What is says is that if you find that you have to get your car repaired three or more times for the same thing, it means that the warranty has not proven to efficient or very effective.  And for that reason, you could be entitled to monies that reflect the diminished value of the car as a result of the problem. So, that darn window motor that’s been replaced, the air conditioner that hasn’t been blowing cool air,  the water leak in the trunk that was finally fixed after four tries, or that nav system that’s gone through quite a few upgrades could mean thousands in your pocket PLUS
**You get to keep your car
**Your warranty remains completely in effect and they still have to fix your car.
**Your car is NOT branded in any way (like the lemon law), so know one can look up a carfax report and determine that you received this money.
**You do NOT need to  disclose that you received this money when selling or trading your car. 
**Like the Lemon Law, the Magnuson Moss provides a provision which entitles consumers to completely FREE LEGAL HELP, so they are on equal footing with the manufacturers.
 
And unlike the lemon law, this law can also apply to used cars, motorcycles(when state laws do not apply), and some seacraft too (like jet skis and sea doos). You read this right–This is free money and it applies to any car or truck which has repeated problems under an original or extended manufacturers warranty (normally three times in for the same problem) .

If you’d like to see if you are entitled to this money, click here or call us at 1-800 LEMON LAW (1-800-536-6652). Also, this past Spring, CBS3 consumer reporter Jim Donovan put together a great story on this which you can view by clicking here.

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Driving a lemon? 1-800-LEMON L — it’s like “Costanza”; “Stars” just can’t get that commercial jingle out of his head.And at the head of the class are those who came up with that jingle: Robert M. Silverman and Craig Thor Kimmel, founding partners of Kimmel and Silverman – and whose commercials tout them as the “lemon law firm” for those car junkies whose cars turn out to be junkers — have been honored as “Pennsylvania Super Lawyers” by Law & Politics magazine. That’s five years in a row (or 60,000 miles, whichever comes first; guess they’re still under warranty.) If there’s a ceremony, “Stars” bets their ride won’t be breaking down on the way.

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TRANSMISSION FLUID LEAKS in 2005-2006 Dodge Charger, Dodge Magnum , Chrysler 300, and Jeep Commander models

WATER LEAKS in Jeep Wrangler models (we have handled hundreds of these pertaining specifically to the 2008 model)

SEVERE VIBRATION (known as “Death Wobble”) in 2005-2008 Jeep Wrangler models

VIBRATION in 2006-2007 Chrysler Pacifica models

BRAKE FAILURE in 2006-2007 Dodge Dakota models

2005-2006 Harley Davidson models are having problem with the bikes charging

PASSENGER SIDE AIR BAG LIGHT in 2006 Kia Spectra models

BRAKES AND ROTOR FAILURE in Nissan Titan and Armada models

BRAKE PROBLEMS with Kia Sedona models

For more information on lemon law help, call us at 1-800-LEMON-LAW or visit our website.

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Lemon Law attorney Craig Thor Kimmel will discuss the 2008 Car Complaint Index on Comcast Newsmakers.  The program is seen on the CNN Headline News channel at the following times:

Wednesday 6/11 at 8:25 am and 4:25 pm

Thursday 6/12 at 7:25 am and 3:25 pm

Friday 6/13 at 6:25 am, 2:25 pm, and 10:25 pm

Saturday 6/14 at 5:25 am, 1:25 pm, and 9:25 pm

Sunday 6/15 at 4:25 am and 12:25 pm

Monday 6/16 at 3:25 am and 11:25 am

Tuesday 6/17 at 2:25 am, 10:25 am, and 6:25 pm

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We are especially proud of this honor because we are selected by our peers. Since our inception in 1991, lemon law firms have popped up all over the map. The frustrating thing is that several of these “firms” are run by attorneys who may be talented, but completely inexperienced in our type of law. In most cases, they may be looking for additional revenue streams. Likewise, they do not have the knowledge or contacts an established lemon law firm like ours has, despite what they may say on their website. Our firm has a strong history. Kimmel & Silverman started out of a small office in Blue Bell, PA in 1991 and has grown to include six full-service offices across Eastern and Western Pennsylvania, New Jersey, Maryland, Massachusetts and Delaware. Our legal team has expanded to include 19 attorneys and four certified ASE automotive experts. Since 1991, we have successfully handled more than 45,000 claims, more than any other lemon law firm in the Northeast.

When selecting a lemon law firm, ask questions about their knowledge and experience. Choose a Firm that has been fighting lemon law and breach of warranty claims like yours for decades. If you have any questions, feel free to call us anytime at 800-LEMON-LAW (800-536-6652) or visit our website and send us an e-mail.

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Think you know everything about the lemon law? Test your knowledge and you could win a $50 WAWA gas card. Watch the 10! show the next five Thursdays at 2pm on NBC10 for your chance to win.

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The Foundation is named in honor of Alexandra Scott, a brave little girl who ultimately lost her life to cancer at the age of eight. Four years prior to her passing, Alex developed her own way to raise funds so that other children would not have to endure what she had suffered. She opened a lemonade stand on her lawn and all the monies would go toward cancer research. Her parents, Liz and Jay Scott, have carried on Alex’s legacy, devoting their lives to raising awareness and funds for cancer research.

The telethon kicks off the 5th annual ALSF Lemonade Days, a 3-day national event where volunteers host lemonade stands throughout the Country, all raising monies to fight pediatric cancer and to fund new research studies. Last year, during Lemonade Days, more than 1500 lemonade stands raised over $1 million toward Alex’s efforts.

“It is difficult to think of a more worthy cause than Alex’s Lemonade Stand,” says 1-800 LEMON LAW Founding Partner Craig Thor Kimmel. “Alex’s Lemonade Stand is a grass roots effort by every day people who care, helping those who need it most. Our firm was founded on the same ideal of helping those in need and doing so without asking anything in return. We salute Alex’s Lemonade Stand for their continued efforts in curing this horrible disease.”

To donate to this very worthy cause, please visit www.alexslemonade.org.

###

About Alex’s Lemonade Stand Foundation:

Alex’s Lemonade Stand Foundation (ALSF) emerged from the front yard lemonade stand of cancer patient Alexandra “Alex” Scott (1996-2004). At the age of 4, Alex announced that she wanted to hold a lemonade stand to raise money to help find a cure for all children with cancer. Since Alex held that first stand, the Foundation bearing her name has evolved into a national fundraising movement, complete with thousands of volunteers across the country carrying on her legacy of hope. To date, Alex’s Lemonade Stand Foundation, a registered 501(c)3 charity, has raised more than $19 million towards fulfilling Alex’s dream of finding a cure, funding over 80 research projects nationally including those examining leukemia, brain tumors, neuroblastoma, Wilm’s tumor, lymphoma, and osteosarcoma among others. For more information, visit www.AlexsLemonade.org.

About Kimmel & Silverman, P.C.

Kimmel & Silverman is the oldest and largest lemon law firm in the Northeast, and the only lemon law firm in the Nation to be honored by the American Bar Association (Meritorious Recognition, Louis M. Brown Legal Access Award). Since its inception in 1991, the Firm has provided free lemon law and breach of warranty help to more than 40,000 consumers, recovering over $145 million for their clients. The Firm has six full-service offices in Eastern and Western Pennsylvania, New Jersey, Maryland, Delaware and Massachusetts. For more information regarding our services, please call 1-800-LEMON-LAW (1-800-536-6652) or visit www.lemonlaw.com.

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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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For more information, click here.

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Wednesday 2/20:  7:25 am & 3:25 pm

Thursday 2/21:  6:25 am & 2:25 pm

Friday 2/22:  5:25 am, 1:25 pm, & 9:25 pm

Saturday 2/23: 4:25 am, 12:25 pm & 8:25 pm

Sunday 2/24: 3:25 am & 11:25 am

Monday 2/25: 2:25 am, 10:25 am, & 6:25 pm

Tuesday 2/26: 9:25 am & 5:25 pm

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2008 will soon be upon us and as folks reneter reality after their holiday break, their cars will no doubt provide a source of anger and frustration.  Do you know that if the same problem occurs three or more times under manufacturers warranty,  you could be at least be entitled to monetary damages and possibly a complete refund or buyback?  (In some states, such as Maryland and Delaware, you will need four occurrences.) 

The fact of the matter is that many distressed drivers are letting thousands of dollars slip between their fingers because they are not properly informed.  While folks are familiar with the “Lemon Law” per se, there are other laws out there as well, including the Federal Magnuson Moss Warranty Act.  In addition, many times consumers turn to the dealership for information on their consumer rights.  That’s kind of like asking the man who sold you the chainsaw what to do after you accidentally cut your thumb.  They are not attorneys and have no real clue about your rights.  If you are lucky, they will refer you to our Lemon Law Firm such as ours.  If not, they could see dollar signs and persuade you to trade your lemon in for a new car, increasing their profit margin and your negative equity.  Remember, the only person interested in helping you is YOU!  You need to be informed about your rights.

Now, they say that imitation is the sincerest form of flattery and since we opened as one of the first lemon law firms in the Nation back in 1991 (and THE first in Pennsylvania, New Jersey and Delaware), many lawyers have opened their doors offering lemon law assistance.  Firms have taken note of our efforts and in recent months have spent tremendous amounts of money placing internet advertisements. Copy-cat websites are popping up all over. We have seen firms come and go within a few months; while others try to sell their services by making strange claims. One firm actually tries to convince consumers that they can be in closer contact with clients and that as such, it makes up for their inexperience in Lemon Law representation.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

• Experience- Kimmel & Silverman is the Northeast’s Largest Lemon law and Consumer Advocacy Firm, founded in 1991. Each of our 17 attorneys has extensive and daily experience in state Lemon Law and Federal breach of warranty statutes.
• Honors, Awards and Recognition – Our attorneys have been honored as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine. We have been named the region’s best Lemon Law Firm in surveys conducted by Philadelphia and SJ Magazine. Our website, LemonLaw.comhas been named one of the best legal websites in the nation by Internet Marketing Attorney Micah Buchdahl. And perhaps, most importantly, Kimmel & Silverman, P.C remains the only firm ever honored by the American Bar Association for our efforts.
• Here are some questions you need to ask a lemon law firm:
  • How long has the lawyer been practicing law?
  • How long has the lawyer practiced Lemon Law?
  • Does the lawyer have a license to practice in the client’s state? (Very important)
  • Has the lawyer received any recognition, honors or awards for work performed in the client’s state?
  • Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.
  • When was the last time the lawyer received a successful verdict in a Lemon Law case?
  • Can the lawyer provide any references of other clients, attorneys, or judges in the client’s state?
  • If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?
  • How is the lawyer compensated?
  • Is the client advised in writing at the start of the case what their rights and responsibilities are?
  • Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff)
  • What does the client need to do to assist the lawyer in a case?
  • Does the lawyer have a physical office within the client’s state?
  • Is a lawyer and/or their staff available to speak with clients on a daily basis?
• Locations – Beware of the fake office!Our lawyers work in each state we practice, and each of our six offices is fully-staffed. Each office is managed by an experienced Lemon Law attorney and has a staff of knowledgeable litigation support personnel. Very few other Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime though, and there is no office and no live body.

  Unfortunately, firms sometimes buy “addresses” to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are “of counsel” locations, it means they are not directly owned or operated by the law firm. Be as wary of the “of counsel” lawyer as you would be of the “of counsel” surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

  Kimmel & Silverman litigators travel each day to wherever we need to be for our clients’ cases, litigating claims where they are likely to have the greatest return for them.

• Credibility – In many states, lawyers are not permitted to use the terms “expert”, “specialist”, or “premier” in advertising because it gives the public an impression that cannot be verified by objective proof *. Sadly, the rules are not always enforced and some firms use them anyway.Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say. In our region, the media turns to Kimmel & Silverman for Lemon Law information. Outlets such as The Philadelphia Inquirer, Pittsburgh Post Gazette, Inside Magazine, Boston Globe, Courier Post, Star Ledger, News Journal, Consumer Reports, Kiplingers, Black Enterprise and hundreds more, have interviewed our attorneys and clients for educational consumer features.

  Our attorneys have been interviewed by Good Morning America, The CBS Early Show, Extra, and hundreds of radio and television news and talk programs. Want proof? Visit our online newsroom at www.lemonlaw.com/news.htmland see for yourself that Kimmel & Silverman is the place to turn for news and views consumers can use. In fact, when journalists are faced with their own lemon cars, many have turned to our Firm for help, and they receive it.

• Former Clients – From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person, our clients have come from all parts of society, from diverse economic groups and from all segments of society, and we are proud of it!
• Passion- Kimmel & Silverman is more than just a lemon law firm, we are consumer advocates.

In the Legislature for Better Law:
Kimmel & Silverman was the only outside firm working with the Pennsylvania House of Representatives Consumer Affairs Committee on two critical amendments to the Lemon Law; the first to add leased cars, and the second to both tighten notification for “buyback” cars and penalize violators.

In the Courts to Expand Current Law:
In the last few years alone, we have pushed back the trend of cases favoring business rights over consumer rights. We fought to the Supreme Court of New Jersey against American Honda, which claimed that people who lease cars in New Jersey had no Federal warranty rights. We have been to the Circuit Court of Appeals in Federal Court in cases proving that certain manufacturer-sponsored “informal dispute resolution programs” were not fair to consumers.

We have testified repeatedly and will continue to do so, to promote added protection for motorcycle and Recreational Vehicle owners. Craig Kimmel co-wrote the Nation’s first-ever Computer Lemon Law Bill way back in 1999, and persists in working towards its passage in Pennsylvania and other states.

Our class-action claims have been used to effect substantial changes in production cars suffering from brake, engine and other concerns.

New Jersey Judges recently invited Founding Partner Robert Silverman and several K&S attorneys to train mediators and arbitrators on how to hear Lemon Law cases.

Even our public awareness campaigns and the self titled “Lemon List” of problems cars, has been a positive force in effecting change. In 2002 for example, Mazda revised the design of their MPV minivan and brought it to our attention directly, noting that our publication of the consumer complaints of the prior vehicle was noted by upper levels of the company. Seeking to have us understand that changes were made and consumers were heard, we lauded Mazda for its response to those problems.

Several years ago, we peeled open the lid on secret, but common, dealer financing scams known as “spot delivery”. At information seminars across Pennsylvania and New Jersey, we taught consumers how they can avoid being “taken for a ride” when buying a car. With a team of over fifty attorneys, paralegals, clerks, administrators and experts, we are driven to help consumers.

We hope that this information proves educational and helpful. We thank you for considering Kimmel & Silverman as your Lemon Law attorneys. If you want us on your team, call 1-800-LEMON-LAW or fill out our Get Rid Of Your Lemon form. Your Recovery is Our Success.

We wish you safe driving and all the best for a happy, healthy new year.  

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ManyPennsylvania consumers are unaware that in 2002, K&S Attorney Craig Thor Kimmel worked with the Pennsyvlania House of Representatives’ Consumer Affairs Committee to ammend the lemon law to include tighter title provisions for used cars.  Here’s the press release from our news room:

PA LEMON LAW TAKES EFFECT TODAY

New Pennsylvania Lemon Law Will Require Dealers, Lessors, and Transferors To Disclose If Used Car Has Lemon History

Harrisburg, PA (December 2,2002) – A new change to the Pennsylvania Lemon Law to help used car consumers takes place today. House Bill 767, a measure to protect used car buyers from purchasing lemon buybacks without full disclosure, was signed by Governor Mark Schweiker in October and goes into effect today. The change marks the second major amendment to the Pennsylvania Lemon Law Statute in the past year; the first being the expansion of the Law to include leased cars. Pennsylvania is the first state to take this type of action.

Until now, if a car was bought back by the manufacturer under the Pennsylvania Lemon Law, the manufacturer must fix the car, and place a sticker on the window notifying the next purchaser of its history. The manufacturer must also provide a 12 month, 12,000 mile warranty for the vehicle at no charge. Representative John R. Evans (R-District 5, Erie and Crawford Counties), the prime sponsor of HB 767, says the Law didn’t do enough to ensure that consumers would actually receive the notice. “What we found as that some dealers would purchase the car from the manufacturer and strip the disclosure and resell the car to an unsuspecting customer.”

With the provisions of HB 767 added, the PA Lemon Law now requires all dealers and other classified sellers, to disclose the “lemon” history of a used car and also to obtain a signature from the buyer or lessee before the sale/lease. “Requiring a written disclosure from each purchaser, lessee and transferee for the life of the vehicle, ensures that all parties know exactly what they are doing before the sale is finalized.” says Evans. Lemon Law Attorney and Automobile Consumer Advocate Craig Thor Kimmel, a legal consultant to the House Consumer Affairs Committee, says the change will provide immediate benefits to used car purchasers. “The amendment clearly spells out the responsibilities of anyone selling a lemon buy-back in Pennsylvania,” says Kimmel, adding, “With used cars purchases on the upswing, the law did not adequately protect consumers. Now the consumer will be told what they are buying before the sale, and dealers and other sellers are held accountable if they don’t do what they are required to.”

If a manufacturer or dealer fails to comply with the disclosure requirements, and/or the consumer is not notified in the way specified, the dealer or seller faces stiff civil penalties of $2,000 per car, and must offer the purchaser or lessee their choice of a refund or a comparable vehicle without charge.

As added protection, the amendment mandates that manufacturers apply for a branded lemon title from PennDOT before the car can be resold, leased or transferred in the Commonwealth of Pennsylvania. The title branding then remains throughout the life of the vehicle and cannot be removed. For more information on consumers’ rights under the Pennsylvania Lemon Law, including cost-free legal representation, consumers can visit Lemon Law or call 1-800-LEMON-LAW (1-800-536-6652).
 

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