Lemon Law Blog

New Jersey State Assembly unanimously passed A3396, a Bill which would provide lemon law protection to emergency vehicles throughout the Garden State, including fire trucks, ambulances, and police cars. 

We congratulate “Medic Doug” who has truly been the guiding force behind this Bill, and the Bill’s sponsors, Assemblyman Gary Chiusano, Assemblywoman Alison Littell McHose and Assemblyman Jack Conners.  Kimmel and Silverman has routinely represented police forces, fire companies and EMT units throughout the Northeast, but we have had to utilize Federal Laws such as the Magnuson Moss Warranty Act to seek remedies for these organizations.  If this Bill passes in the Senate, for the first time, there will be a concrete definition of a lemon emergency vehicle and we would hope other states such as Pennsylvania, New York and Ohio would take notice.

As Doug writes in his blog, the battle for protection is far from over, and we need to see if the Senate will pass the Bill prior to the holiday recess.  Otherwise all lobbying efforts will once again start from scratch in the new year. 

Attention New Jersey residents, if you live in one of the following areas, your Senator is on the Senate Commerce Committee and we need you to reach out to them and let them know why you feel the Bill is so important to you and your neighbors.  Please make sure you let your Senator know that you vote and if you volunteer your time as an emergency provider, please also let that be known.  We need to make our voices heard to make this Bill become a reality! 

Our Senate Commerce Committee is made up of Senators from the following municipalities:  Allendale, Allentown, Alpine, Bordentown, Bordentown City, Chesterfield, Clark, Clifton, Closter, Creskill, Demarest, Dumont, East Orange, Elizabeth, Emerson, Fanwood, Farmingdale, Fieldsboro,  Glen Ridge, Green Brook, Harrington Park, Haworth, Hillsdale, Hohokus, Howell, Jackson, Kenilworth, Lakewood, Linden, Middlesex, Montclair, Montvale, New Hanover, New Milford, North Plainfield, Northvale, Norwood, Old Tappan, Oradell, Park Ridge, Plainfield, Plumsted, Rahway, Ramsey, Robbinsville, Roosevelt, River Edge, Rivervale, Rockleigh, Roselle, Saddle River, Scotch Plains, Union Township, Upper Freehold, Upper Saddle River, Waldwick, Washington (Bergen), Westwood, Winfield, Woodcliff Lake and Woodland Park (West Paterson).

For more information about the Bill and what you can do to support it, visit Medic Doug’s blog by clicking here.

Popularity: 6% [?]

We have great news for New Jersey drivers.  Legislation designed to enhance and improve the New Jersey Lemon Law was given final approval today by the General Assembly and is now headed to Governor Corzine.

The New Jersey Lemon Law, which has already been named the second most effective lemon law in the nation by the Center for Auto Safety, protects consumers who suffer a problem that occurs in the first 18,000 miles or 24 months, whichever comes first, and continues to occur for a total of three or more times despite repair attempts from an authorized manufacturers dealership.   According to PolitckerNJ.com, Assembly Bill 1954, sponsored by Assemblywoman Mila M. Jasey, looks to expand the lemon law parameters to include problems that occur in the first 24,000 miles or 24 months.  Furthermore, consumers who suffer a serious defect which is likely to cause death or serious bodily injury if the vehicle is driven would be able to file a lemon law claim if the problem cannot be fixed after one repair attempt.  We have seen similar provisions in other State Lemon Laws, including Ohio.

The Bill was passed by a vote of 44 to 30, with two abstentions. 

Of course, even if you fall outside of the NJ Lemon Law parameters, we encourage distressed drivers in the Garden State to contact us to discuss their situation and see if we can help.

Popularity: 6% [?]

No doubt you have read all about the Chrysler bankruptcy in the headlines.  It has been covered by print outlets and blogs throughout the Country, or perhaps you heard Kimmel and Silverman attorney Bob Silverman discuss the situation on the local news.  All current Chrysler, Dodge and Jeep owners and anyone who intends to purchase one of these cars in the near future has hit a pothole when it comes to their consumer rights under State Lemon Law and Federal Warranty Law. 

As a result of the manufacturer filing in bankruptcy court, all lemon law and breach of warranty claims currently in litigation have been “stayed” or stalled until we receive instruction from the court on how to proceed.  But that’s not all; we have over 20 consumers waiting for complete repurchases or refunds, agreed upon before the manufacturer filed for bankruptcy, who are now stuck.  These folks each have signed releases from the manufacturer.  One client is a handicapped woman who desperately needs her Dodge conversion van to get around, and it has been in the shop numerous times for transmission problems. Another client, who has faced tough financial problems himself, already turned his car in and was waiting for his repurchase, and now he has no car, and no money. Plus, being that his creditor was never paid, he is facing the prospect of his lemon car being repossessed and ruining his credit.  Dozens of other folks have received checks which have bounced and these checks were dated prior to the 4/30 filing.

Currently, Kimmel and Silverman is working extensively on efforts to make sure Chrysler, Dodge and Jeep consumers are protected.  The manufacturers stance (and the PR statement we have heard from Washington DC and DCC headquarters) is your cars will be fully covered under warranty.  But, that’s not really the case.  If you can find a dealer that hasn’t closed, and they do have the part you need in stock (doubtful as a result of the closed factories and stop in production), what happens if they still can’t fix the problem?  If the check engine light keeps coming on?  If the water leak keeps reoccurring, resulting in mold?  If the windows still don’t go down?  If the car still won’t start?  And you are back one, two, three, four times?  Well, under normal circumstances, you would be able to use your rights under State and Federal Law to seek recourse, either a complete buyback, a new vehicle, or monetary damages to reflect the diminished value of the car as a result of the problems that occurred.  But that’s not the case right now.  Right now, Chrysler feels you are entitled to nothing other than continuous repair.  And, the new company that is looking to take over Chrysler is NOT interested in taking over these responsibilities; they do not want to compensate all the distressed drivers who have suffered defects or are currently suffering defects with their products.  The language in their motion is very unclear and contradicts itself.

We are currently working on a motion in an attempt for Chrysler to establish a litigation trust for those people who were entitled to recourse under warranty claims.  We will keep you abreast of our progress. In the meantime, we encourage you to reach out to your State’s consumer protection division and attorney general office and make sure they are aware of this situation.  Ask them what they are doing to advocate for consumers in perhaps one of the most troubling situations we have ever seen.

Confused? No doubt.  if you feel you have a potential DCC lemon law or breach of warranty claim and you would like to discuss this situation and your rights further, please e-mail us or call 1-800 LEMON LAW (1-800-536-6652). (Our firm handles claims in Pennsylvania, New Jersey, Ohio, Delaware, Maryland, Connecticut,  Massachusetts, New York and New Hampshire.  For other states, please visit www.lemonlawamerica.com.) We will be more than happy to go over your matter with you. 

Popularity: 27% [?]

We are seeing an increased number of cases pertaining to Yamaha Roadstar motorcycles.

These bikes could have reoccurring problems with the engine management system, which could cause the unit to stall, leak oil, or backfire. Repairs may have included installing an additive to clean varnish and carbon, yet this additive has been ruled by experts as not being effective in a long-term capacity.
 
If you are experiencing any problems with your Yamaha Roadstar, you could be entitled to a full or partial refund under State and/or Federal Laws. Motorcycles are covered under lemon law in New Jersey, Massachusetts, Ohio, and Rhode Island. In other states, consumers can seek free legal relief through the Federal Magnuson Moss Warranty Act.

If you are having any problems with your motorcycle, free free to contact us or call 1-800 LEMON LAW (1-800-536-6652) and we will be glad to discuss the matter with you.

Popularity: 19% [?]

At 1-800-LEMON LAW, we receive countless calls from folks who purchased a used car and ended up being taken for a ride. Sometimes the car has a salvage title, or it will not pass inspection, or it just falls apart. Many times, these distressed drivers have little or no protection under the State and Federal Laws we work with. Now, Mayor Nutter’s consumer advocate Lance Haver is working hard to change that in Philadelphia.

This past Monday, The Philadelphia City Council has approved a lemon law bill for used cars, and if that bill becomes law, drivers will have 72 hours to get their car checked out by a mechanic following the purchase. If the car is not drivable, the dealer will either have to fix the problem or allow the consumer to return the car for a full refund.

This is a bill whose time has come, according to Kimmel & Silverman Founding Attorney Craig Thor Kimmel. “In Philadelphia, used car sales occur with greater frequency than in less populated areas for the simple fact that insurance on a used car in the city is cheaper than insurance on a new car. Often people who buy used must rely entirely on what they are told from their salesperson, as there is little or no warranty remaining. In the case of new cars, repairs are covered under warranty for free but sadly, that is not often the case for used cars. Avoiding an unreliable car and its high repair bills is critical. This type of consumer protection would certainly be welcomed.”

As you know, the Pennsylvania Lemon Law currently does not apply to used cars. However, if you are under a manufacturer’s warranty and you have been back three or more times, you could be entitled to monetary damages under a Federal law known as the Magnuson Moss Warranty Act. Like the Lemon Law, representation under this Law is completely cost-free. For more information, call us at 1-800 LEMON LAW or visit www.lemonlaw.com.

Popularity: 18% [?]

Certainly, we have all heard of the lemon law at one time or another.  Every State has one and they are designed to protect car owners when their ride turns sour.  But, what if you fall outside the lemon law provisions?  Perhaps, you live in Pennsylvania, and your problem occurred at 13,000 miles, rather than 12,000? Or you have a used car with a manufacturers warranty and the check engine light just will not go off?  Is the manufacturer off the hook?  Is the consumer out of luck?  The answer is no.

There’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)**You do not 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 apply to used cars.

You read this right–This is free money and it applies to any car or truck which is still under an original or extended manufacturers warranty. If you think you may be entitled to money under the Magnuson Moss Warranty Act, click here and we will be glad to contact you to further discuss your claim.  

Popularity: 19% [?]