Lexington Law Review
Lexington Law is one of the premier choices when it comes to credit repair companies. With over 19 years of experience and hundreds of thousands of clients served, they have a unique, proactive approach to credit repair. There are three levels of service available, and you are in control of which items on your credit report to dispute. Getting started is simple, and there is a free online consultation available via the company’s website.
Features:
- Case Facilitators – paralegals work to repair your credit at all three credit agencies
- Case Supervisors – lawyers oversee the credit repair process and are ready to assist with any complex issues that may arise
- Pay as you go – allows you to pay for service month to month in order to protect and repair your credit in an ongoing fashion
In the Concord service levels, you also get access to goodwill interventions, escalated information requests, and debt validation. And at the Concord Premier service level, you have access to the Report Watch system which monitors your credit report, and the monthly credit score analysis to help you keep track of your credit score and ways to improve. Additionally, at the premier level, Lexington Law provides Identity Theft Insurance – yet another way to preserve your financial peace of mind.
Costs:
Lexington Regular: $99.00 setup fee and $39.00 per month
Concord Standard: $99.00 setup fee and $59.00 per month
Concord Premier: $99.00 setup fee and $79.00 per month
Note: Each of these also requires you to furnish a copy of your credit report indicating the items you wish to dispute. You can typically get your credit report for free once or twice per year, depending upon your state. However, if you’ve already received your free yearly copy, you will need to pay for the report.
Final Recommendation:
If you want to have a solid legal basis for your credit repair concerns, Lexington Law is an obvious solution. You have your choice of three tiers of service, which allows you to decide just how much you want to invest in your credit repair program. Because you decide which items to dispute, you are fully in control of the credit repair process. Having experienced attorneys working with your credit repair solution gives you an advantage to dealing with the companies that report your credit history to the bureaus. With a money-back guarantee in place, you can feel confident that Lexington Law is a safe investment when it comes to repairing your credit history.
Lemon law and defective cars
Does your state have one? Can it help you?
Before lemon laws, owners often had to harass, picket and sue dealers in order to address recurring problems with their cars.
The lemon law in your state may offer recourse if you own a problem vehicle. Such laws have been passed in every state over the last 25 years to protect people like you.
Lemon laws have been on the books in every state for more than ten years, guaranteeing a replacement vehicle for newly purchased or used vehicles with recurring problems, or “nonconformities”, as they are known. Obtaining relief isn’t always easy. You can do it yourself, but you may achieve success more quickly with the help of a qualified lemon law attorney who specializes in defective vehicle cases.
Until the early 1980’s, if you purchased a new automobile that had recurring problems that began shortly after purchase, you simply had to endure your bad luck. The first lemon laws were passed in 1982 in California and Connecticut and were designed to protect consumers from recurring problems with new vehicles.
Since then, every state has passed some form of consumer protection, and if you own a problem car, your relief may be just a phone call or mouse click away. In most states, relief can come in the form of either a full refund of your purchase price or a comparable replacement vehicle. Some states even offer limited protection for buyers of used vehicles, as well.
The sheer volume of cars manufactured each year virtually insures that a handful will be defective when shipped from the factory. As there are nearly twenty million new vehicles manufactured each year in the United States, it has been estimated nearly 100,000 vehicles annually could be considered to be auto lemons. Fortunately, that your chances of buying one are roughly one out of two hundred, but someone ends up with these cars, and if you’re reading this page, you’re probably one of those unfortunate customers. No manufacturer seems to be immune; you may own a Chrysler lemon, your neighbor may own a General Motors lemon, and someone down the road may own a defective Dodge, Toyota or Honda. Manufacturing errors affect eve
The Consumer Law Group: ACCEPTING REFERRALS STATEWIDE
Need Lemon Law advice? John Cole Gayle, Jr. is the co-author of Virginia's Lemon Law, and helped get it passed.
Lemon law, credit fraud, auto fraud and victims of Fair Debt Collection Practices Act (FDCPA) in Virginia now have a safe place to turn when seeking legal recourse to protect and defend their consumer rights against auto manufacturers, car dealerships, debt collectors and financial institutions. Founded by attorney John Cole Gayle, Jr., the Consumer Law Group offers a strong and affordable legal response for Virginia consumers.
The Consumer Law Group was founded on our strong belief in and support of the tenets of the free enterprise system. We believe that manufacturers, businesses, contractors, entrepreneurs and sellers have the right to pursue a profit for the goods and services they offer. We also believe buyers and consumers should have many options available to them when making a purchase for goods and services. When competition among sellers thrives, an educated consumer wins. In our view, ensuring consumer satisfaction is the ultimate purpose of a strong free enterprise system.
When the integrity of free enterprise is compromised, however, the consumer invariably loses. Without an honest and evenhanded respect for free enterprise, the seller or supplier of goods and services is compelled to misrepresent the products they are selling in order to gain an unfair advantage over its competition. When consumer satisfaction becomes secondary to profit, fraud is an inevitable result, and legal action must be taken to correct this and restore balance to the marketplace.
The Consumer Law Group extends its legal services to victims of Fair Debt Collection Practices Act (FDCPA), Auto Fraud and Credit Fraud. The Consumer Law Group also specializes in Lemon Law, leading consumers out of the entrapment of lemon vehicles, such as cars, trucks, vans, SUVs, RVs, chassis of motor homes, and motorcycles.
Virginia Lemon Law
Lemon car, SUV, truck, RV problems in Virginia? Contact John Gayle, the Richmond consumer law attorney who co-wrote Virginia's Lemon Law, or his staff for a free and accurate initial consultation regarding your lemon law claim.
Auto Fraud
Do you believe you've been a victim of auto fraud? Contact John Gayle, the Richmond consumer law attorney who wrote Virginia's Lemon Laws, for a free and accurate consultation regarding your lemon law claim.
Fair Debt Collection Practices Act
Fair Debt Collection Practices Act prohibits debt collectors (not creditors) from engaging in abusive, deceptive, and unfair practices. The FDCPA does not apply to your original creditor.
Credit Fraud & Identity Theft
Based in Richmond, Virginia, The Consumer Law Group represents victims of credit card fraud and other forms of credit fraud. Contact John Gayle and The Consumer Law Group today for help with your credit fraud or identity theft case.
Lemon Victims Virginia (VA) Lemon Law
"Discover how to use the “Lemon Laws” to get rid of your lemon car, truck, rv or boat in possibly less than 30 days and get your money back, without spending a dime out-of-pocket on legal fees or costs."
WHAT IS THE VIRIGINIA LEMON LAW?
The Virginia Lemon Law is a powerful state law which defines when a manufacturer has breached its written warranty and what the purchaser is entitled to for such a breach of warranty. Additionally, there are various other warranty laws (or lemon laws) in Virginia which can be used to recover money for consumers who do not meet the strict definitions contained in the VA Lemon Law.
NEW CAR OR MONEY BACK? - WHAT CAN YOU RECOVER?
Virginia's Lemon Laws provide consumers with a powerful and effective way for you to get rid of your defective vehicle or receive a cash settlement. You can not only get rid of your lemon, but you can also get your loan paid off and even get your money back. You may also be entitled to additional out of pocket costs you have incurred, such as towing, rental cars and more!
DO YOU HAVE A CASE? - “60 Second Lemon Law Assessment*”™
With money collected for thousands and thousands of people like you, and partnering with a leading state's Attorney General to win a landmark Lemon Law case before their Supreme Court, Royster v. Toyota Motor Sales, U.S.A., Inc., Kahn & Associates experienced lemon law attorneys can accurately assess your case and give you:• No nonsense answers to questions; and
• Immediate and precise analysis on your chances of success and even
provide you with “projected settlement monies” you could achieve.
VIRGINIA (VA) LEMON LAW TEST - FIVE (5) QUICK QUESTIONS GIVE YOU IMMEDIATE ANSWERS
To help you quickly determine if you have a case you need to answer “yes” to ONLY one of these five (5) critical questions:
- Has the vehicle been in the shop three (3) times or more for the same defect?
- Has the vehicle been in the shop for thirty (30) calendar days or more for repairs?
- Have there been six (6) or more repair attempts made to various problems, even if more than one repair was made to more than one defect on one particular visit to the shop?
- Has the vehicle has been in the shop for a problem that was never fixed properly under warranty and it continues to exist now that the warranty has ended?
- Has the dealer and/or manufacturer refused to repair or charged you for a repair to a particular problem that should be covered under warranty?
NOTE: The above questions may be used to qualify you under more than one "lemon law." And you must have purchased your vehicle during the term of the manufacturer's warranty and/or the manufacturer's extended warranty
Virginia Lemon Law
Virginia Lemon Law
Virginia Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to Virginia consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV's, boats, computers and other consumer appliances and products. To qualify under the Washington Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you qualify for a Lemon Law, click here for a free Virginia Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation. For other useful Virginia Lemon Law information, click here to visit the Virginia section of our State Lemon Laws Statutes and Guide page. Or just keep reading below for the entire Virginia Lemon Law, or click here to read the federal lemon law.
Virginia State Statutes
Title 59.1, Chapter 17.3
Trade And Commerce
Virginia Motor Vehicle Warranty Enforcement Act
59.1-207.9 Short title.
This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement Act.
59.1-207.10 Intent.
The General Assembly recognizes that a motor vehicle is a major consumer purchase, and there is no doubt that a defective motor vehicle creates a hardship for the consumer. It is the intent of the General Assembly that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer. However, nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
59.1-207.11 Definitions.
As used in this chapter, the following terms shall have the following meanings:
"Collateral charges" means any sales-related or lease-related charges including but not limited to sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation charges or any other charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party. If a refund involves a lease, "collateral charges" means, in addition to any of the above, capitalized cost reductions, credits and allowances for any trade-in vehicles, fees to another to obtain the lease, and insurance or other costs expended by the lessor for the benefit of the lessee.
"Comparable motor vehicle" means a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease with an offset from this value for a reasonable allowance for its use.
"Consumer" means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
"Incidental damages" shall have the same meaning as provided in 8.2-715.
"Lemon law rights period" means the period ending eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This shall be the period during which the consumer can report any nonconformity to the manufacturer and pursue any rights provided for under this chapter.
"Lien" means a security interest in a motor vehicle.
"lien holder" means a person, partnership, association, corporation or entity with a security interest in a motor vehicle pursuant to a lien.
"Manufacturer" means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers.
"Manufacturer's express warranty" means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under that warranty.
"Motor vehicle" means only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in 46.2-100 and demonstrators or leased vehicles with which a warranty was issued.
"Motor vehicle dealer" shall have the same meaning as provided in 46.2-1500.
"Nonconformity" means a failure to conform with a warranty, a defect or a condition, including those that do not affect the drivability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle.
"Notify" or "notification" means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity.
"Reasonable allowance for use" shall not exceed one-half of the amount allowed per mile by the Internal Revenue Service, as provided by regulation, revenue procedure, or revenue ruling promulgated pursuant to 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to any warranty.
"Serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.
"Significant impairment" means to render the new motor vehicle unfit, unreliable or unsafe for ordinary use or reasonable intended purposes.
"Warranty" means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale or lease of a motor vehicle that become part of the basis of the bargain. The term "warranty" pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a motor vehicle for ordinary use or reasonable intended purposes throughout the duration of the lemon law rights period as defined under this section.
59.1-207.12 Conformity to all warranties.
If a new motor vehicle does not conform to all warranties, and the consumer reports the nonconformity to the manufacturer, its agents, or its authorized dealer during the manufacturer's warranty period, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of such manufacturer's warranty period.
59.1-207.13 Nonconformity of motor vehicles.
A. If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the drivability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:
1. Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or
2. Accept return of the motor vehicle and refund to the consumer, lessor, and any lien holder as their interest may appear the full contract price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer's use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. Refunds or replacements shall be made to the consumer, lessor or lien holder, if any, as their interests may appear. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.
A1. In the case of a replacement of or refund for a leased vehicle, in addition to any other damages provided in this chapter, the motor vehicle shall be returned to the manufacturer and the consumer's written lease shall be terminated by the lessor without penalty to the consumer. The lessor shall transfer title to the manufacturer as necessary to effectuate the consumer's rights pursuant to this chapter, whether the consumer chooses vehicle replacement or a refund.
B. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:
1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;
2. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or
3. The motor vehicle is out of service due to repair for a cumulative total of thirty calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.
C. The lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.
D. The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for a refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.
E. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B of this section and any of the conditions set forth in subsection B of this section already exists, the manufacturer shall be given an additional opportunity, not to exceed fifteen days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.
F. Nothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.
G. It is an affirmative defense to any claim under this chapter that:
1. An alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or
2. A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.
59.1-207.14 Action to enforce provisions of chapter.
Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provision. Any consumer who is successful in such an action or any defendant in any frivolous action brought by a consumer shall recover reasonable attorney's fees, expert witness fees and court costs incurred by bringing such actions.
59.1-207.15 Informal dispute settlement procedure.
A. If a manufacturer provides an informal dispute settlement procedure, it shall be the consumer's choice whether or not to use it prior to availing himself of his rights under this chapter.
B. If a dispute settlement procedure is resorted to by the consumer and the decision is for a refund or a comparable motor vehicle, the manufacturer shall have forty days from its receipt of the consumer's acceptance of the decision or from the date of a court order to comply with the terms of the decision.
C. In any action brought because of the manufacturer's failure to comply with the decision, within the scope of the procedure's authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney's fees.
59.1-207.16 Action to be brought within certain time.
Any action brought under this chapter shall be commenced within the lemon law rights period following the date of original delivery of the motor vehicle to the consumer; however, any consumer whose good faith attempts to settle the dispute have not resulted in the satisfactory correction or repair of the nonconformity, replacement of the motor vehicle or refund to the consumer of the amount described in subdivision 2 of subsection A of 59.1-207.13, shall have twelve months from the date of the final action taken by the manufacturer in its dispute settlement procedure or within the lemon law rights period, whichever is longer, to file an action in the proper court, provided the consumer has rejected the manufacturer's final action.
59.1-207.16:1 Disclosure of returned vehicles; penalty.
A. If a motor vehicle that is returned to the manufacturer or distributor either under this chapter or by judgment, decree, or arbitration award in this or any other state and is then transferred by a manufacturer or distributor to a dealer, licensed under Chapter 15 (46.2-1500 et seq.) of Title 46.2, in Virginia, the manufacturer or distributor shall disclose this information to the Virginia dealer.
B. If the returned vehicle is then made available for resale or for another lease, the manufacturer shall, prior to sale or lease, disclose in writing in a clear and conspicuous manner, on a separate piece of paper in ten-point capital type, to the Virginia dealer that this motor vehicle was returned to the manufacturer, distributor or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of transfer to the Virginia dealer. It shall be the responsibility of the dealer that receives this disclosure to give notice of its contents to any prospective purchaser or lessee prior to sale or lease, and to transfer the disclosure, or a copy thereof, to the next purchaser or lessee. A dealer's responsibility under this section shall cease upon the sale or lease of the affected motor vehicle to the first purchaser or lessee not for resale or lease.
C. Any manufacturer or distributor who violates this section of the Motor Vehicle Warranty Enforcement Act shall be guilty of a Class 3 misdemeanor.
Virginia Lemon Law
A warranty is simply a promise by the manufacturer (and sometimes by a seller) to do something. Most warranties are termed "limited," and only provide the manufacturer's promise to repair, replace or adjust a defective product. There is generally no right a a refund of the purchase price, except for new motor vehicle lemons.
"Lemons" (so called for the sour taste left in the buyer's mouth) come in all sizes and shapes. Most lemons have wheels, and technically, Virginia's "lemon" law -- the Motor Vehicle Warranty Enforcement Act -- is limited to automobiles, trucks, motorcycles, and the chassis of motorhomes. However, some lemons float (boats), others fly (aircraft), and even a third class includes defective houses and mobile homes. For the most part, the days of caveat emptor (loosely translated, "tough luck") are over! In Virginia, for a motor vehicle to qualify for a buy-back under the Warranty Enforcement Act, it must generally be no older than four model years, and have documented problems during its first eighteen months following delivery to the first owner or lessee. There must also be evidence that the manufacturer was notified within eighteen months from delivery. For owners or lessees of vehicles that do not qualify under this "lemon" law, there may still be warranty law rights under other statutes.
Virginia's Warranty Enforcement Act does not include boats and watercraft (such as jet skiis, etc.). Neither does it include the "coach" or living section of a motorhome. However the consumer with a boat or motorhome defect or malfunction is still protected under the Commonwealth's Uniform Commercial Code (UCC) and the Federal Magnuson-Moss Warranty Act.
We hear in my office almost daily of auto manufacturers which are unwilling to repurchase their unrepairable "lemons;" of car dealers selling as "new" vehicles with hidden damage and shoddy repairs; and of unfair sales practices evidenced by forged signatures, broken promises, and outrageous price gouging.
Virginia's General Assembly, even in the face of overwhelming lobbying efforts by forces from the Dark Side, has demonstrated both its collective courage and its concern for consumer protection and justice:
-- For violations of the Consumer Protection Act proven by clear and convincing evidence, minimum damages ($500) and reasonable attorney fees and costs are available. On proof of willfulness, damages may be multiplied threefold.
-- For "used" car buyers purchasing vehicles sold "as is" but without the mandatory Buyers Guide window sticker, there is the right to cancel the deal during the first thirty days.
-- Dealers unable to complete vehicle title registration with DMV during the first thirty days must accept return of the vehicle once the temporary certificate of ownership (30 day tags) has lapsed without renewal.
- Our Warranty Enforcement Act, or "lemon" law, is one of the best in the Nation. Juries clearly recognize the pain and aggravation associated with the purchase of a defective and "significantly impaired" motor vehicle which can not be properly repaired during the first eighteen months. In July, 1997, a Fairfax County judge and jury in Debrew v. Lexus awarded money damages totaling almost $84,000 for an unrepairable, $43,000 Lexus 300SC
- NOTE: effective July 1, 1999, the Virginia lemon law will require either:
b. contacting the manufacturer and "resorting" to its arbitration or dispute program. (We are not certain what "resort" to means... as a minimum, you should ask that your complaint be reviewed by the dispute program used by the manufacturer. DaimlerChrysler and Ford have their own programs. GM, Honda, Toyota, and most others use the AUTOLINE program administered by the Better Business Bureau.)
- When dealer-arranged financing fails to materialize, in Virginia, the buyer can return the vehicle within twenty-four hours for a refund of money paid.
- Contract law for "goods" in Virginia is found in the Uniform Commercial Code (UCC), Article Two. This act explains rights of cancellation or rescission ("revocation of acceptance" and "rejection of nonconforming goods"), as well as express and implied warranties.
- The law for the lease of "goods" such as motor vehicles is governed in Virginia by the UCC, Article 2A.
These are a few examples where the "playing" field is almost "level!"
The Virginia Supreme Court announced on June 5, 1998, its FIRST LEMON LAW OPINION. This decision -- Subaru v. Peters -- reflected the Commonwealth's first significant consumer protection case from Virginia's highest Court.
In Subaru v. Peters, the trial judge had ruled, on Subaru's summary judgment motion, that Ms. Peters' automobile, which had been purchased "used" and previously operated by Hertz, still qualified for Warranty Enforcement Act protection. After winning a jury verdict ordering Subaru to repurchase her "significantly impaired" motor vehicle, Ms. Peters was forced to defend in Subaru's appeal to the Virginia Supreme Court.
Key issues resolved by the Supreme Court include:
- certain used automobiles can qualify for "lemon" law repurchase and other money damages
- expert witness testimony is not always required... the "victim's" testimony may be sufficient
- there is no requirement for three or more repairs for a nonsafety defect, or one or more repair
visits for a safety problem, or a minimum of thirty days in the shop (first 18 months)
- personal use representing 66% of the total mileage is "substantial" family, non-business use
Vioxx® Class Action
In a Vioxx® class action suit those individuals who have suffered adverse physical problems associated with Vioxx® use, may by represented collectively in a civil suit to seek compensation for medical expenses, loss of income, and pain and suffering caused to all injured parties. A Vioxx® class action settlement is the money that is awarded for these damages. This money is then divided accordingly among the victims in a Vioxx® class action suit.
When a victim is represented in a Vioxx® class action, they may have a better chance at recovering compensation for their damages at a lower cost to them than if they pursued an individually filed lawsuit. On the flip side, a Vioxx® class action settlement is divvyed up amongst the plaintiffs and it is possible to receive a lower total amount of compensation in a class action suit than if you were to bring suit against the manufacturer of Vioxx® individually.
Vioxx® was voluntarily pulled from the market in September of 2003, when the manufacturers discovered that Vioxx® users are two times more likely to suffer a serious stroke or heart attack than the general population. This came out of the findings reported in two internal clinical studies conducted by Merck, Vioxx®'s manufacturer. In recent public statements the company explained the Vioxx® recall, stating that the risks associated with taking Vioxx® outweigh its intended benefits.
Signs of serious adverse health problems caused by Vioxx® can include shortness of breath, chest pains, confusion and impaired thinking, loss of appetite, rapid heart beat, build up of fluid in the body's tissues (edema), and tiredness or fatigue. A negative reaction to Vioxx® can also cause stroke, whose symptoms include vision problems, numbness to one side of the body, dizziness, and trouble with speech or motor skills.
If you have been injured as a result of taking Vioxx®, you may wish to speak to a qualified lawyer who can advise you of your legal rights and options in a Vioxx® case. You may discover that participation in a Vioxx® class action lawsuit is the best way to maximize and protect your legal interests.
Vioxx Lawsuits
Vioxx litigation is under fierce scrutiny from pharmaceutical companies, lawyers, consumers and corporate officials trying to predict the outlook for Merck, the maker of Vioxx. The company vowed to fight more than 4,200 state and federal Vioxx-related lawsuits pending across the country. If you have a potential case, contact one of our Vioxx attorneys and preserve your legal rights and potential settlement.
Given the recent verdict, lawyers and analysts expect a flood of new lawsuits against Merck. The company has set aside $675 million to fight them, but analysts say Merck may need to reserve funds to pay for verdicts. If you have a history with Vioxx and have experienced side-effects from this drug, contact a Vioxx attorney.
Merck plans to appeal the $253.4 verdict jurors awarded on August 19 to Robert Ernst's widow, Carol. The award reflects a combination of her husband's lost pay as a Wal-Mart produce manager, their mental anguish, her loss of companionship and punitive damages.
To learn more about the side effects of Vioxx and the recall, contact one of our lawyers. The arthritis drug Vioxx was removed from shelves on September 30, 2004 by its manufacturer, Merck, in response to a three-year study identifying health risks associated with taking the drug. Vioxx has been linked to increased risk of heart attack, stroke, sudden cardiac death and more. Side effects of Vioxx can include diarrhea, nausea and heartburn, but many patients may not associate these effects with the use of Vioxx.
Vioxx information will provide you with the latest information about the drug and its side-effects as well as clinical studies and Food and Drug Administration (FDA) resources:
- Vioxx Heart Attack
- Vioxx Stroke
- Vioxx Side Effects
- Vioxx Class Action
Lawyers Taking Your Vioxx Case
On this site, you will find law firms staffed with qualified and experienced attorneys who specialize in cases such as these. They are Lead Counsel members, which means, among other things, that they have been practicing for several years, dedicate themselves to this type of issue, and have never had any disciplinary action taken against them by their local bar association.
Plaintiffs in cases such as these typically seek to recover damages for medical costs, lost wages and pain and suffering. Click through on any of the firms listed here, and feel free to ask questions in regard to your situation. The vioxx lawyers displayed here will be able to handle your inquiry quickly and responsibly, and if they feel that further discussion and investigation is warranted, they will take you through the process.
If you have suffered as a result of taking the drug Vioxx, now is the time to assert your rights. Contact one of our experienced Vioxx attorneys to file your claim.
Vioxx Class Action
However, it is the various claims that the manufacturers of the drug, Merck, knew about these possible effects several years ago that could result in masses of big money lawsuits. These lawsuits could be logged by individuals, but due to the number of patients that are likely to be making a claim against Merck it will also result in large numbers of Vioxx class action lawsuits, where a number of claimants file a lawsuit together and are represented by one of two of the claimants that are part of the class action proceeding.
With a Vioxx class action lawsuit, a group of people that have suffered ill effects at the hands of this treatment can make their claim under one umbrella rather than having to make an individual claim. The claims made in a Vioxx class action suit can cover all aspects of your loss or injury, including medical costs, loss of income, physical pain or injury, and pain and suffering. Any compensation won as a result of the Vioxx class action proceedings is split between all parties involved in the lawsuit.
With current revelations that Merck may have already known about the dangers of Vioxx, some legal firms have already launched both individual and Vioxx class action lawsuits on behalf of affected clients. As more and more information comes to light, it is very likely that the number of Vioxx class action lawsuits and single lawsuits will rise dramatically. This could result in many successful six-figure payouts, which is likely to spell devastation for the manufacturing giant, Merck.
Since the recent withdrawal of the drug, patients have been advised to stay vigilant and report signs of any illness to their GPs as soon as possible. As well as ensuing that the patient is not in danger, this will provide additional ammunition for patients that wish to pursue an individual or a Vioxx class action lawsuit. It is also important that affected patients seek legal assistance as early on as possible, as this can provide the legal team with an opportunity to put together as watertight a case as possible. Whether you are going for an individual case or want to file a Vioxx class action lawsuit, early action can make a big difference to the success of your claim.
North Carolina Lemon Law
North Carolina Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty Act) provide for compensation to North Carolina consumers of defective automobiles and trucks and other vehicles and products including motorcycles, RV’s, boats, computers and other consumer appliances and products. To qualify under the North Carolina Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer’s factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation. If you think you qualify for a Lemon Law, click here for a free North Carolina Lemon Law case review or for an immediate evaluation, simply fax your repair records to 866-773-6152. An experienced Lemon Law attorney will personally review your inquiry and records and quickly contact you for a free consultation.
North Carolina Lemon Law
Your Rights as a New Car Buyer or Lessee
Introduction
The 1987 General Assembly enacted a "lemon law" to give better remedies to North Carolina consumers who buy or lease a new car that is a "lemon." The lemon law (a) defines clearly what cars are lemons, (b) spells out exactly the relief to which the purchaser of, and consumer leasing a lemon is entitled and (c) provides that a manufacturer who unreasonably refuses to grant to the buyer of or consumer leasing a lemon the relief to which he is entitled must pay the consumer triple damages and attorney's fees.
What Vehicles are Covered?
The lemon law does not apply just to passenger cars. It covers any new motor vehicle other than a house trailer, provided that the vehicle does not have a gross vehicle weight of 10,000 pounds or more. Thus, the law covers pickup trucks, motorcycles and most vans, as well as cars. And the purpose for which the vehicle is purchased or leased is not relevant. But, any cars purchased or leased prior to October 1, 1987 is not covered by the lemon law.
When is a Car a Lemon?
A vehicle is a lemon if it is "seriously defective" and could not be repaired in a "reasonable number of attempts."
Seriously Defective
A serious defect is "any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer." The defect must be in a part of the car covered by the manufacturer's express warranty, but it is not limited to things which make the car drivable. Leaks, lack of air conditioning or heat or serious paint problems, to name a few, could be defects which substantially impair the value of the vehicle to the buyer.
Also, in order for the vehicle to be seriously defective, the defect must have appeared within the express warranty period. The lemon law requires all vehicles to have an express warranty of at least twelve months or twelve thousand miles. If the express warranty period exceeds 24 months or 24,000 miles, the consumer's right to a replacement or refund is limited to defects which first occur within that first 24 months or 24,000. For warranty defects which occur after within the warranty period, but after the lemon law's 24 month/24,000 mile limitation, the consumer would have to seek compensation for failure to repair if the vehicle is not repaired after a reasonable number of attempts. Compensation for failure to repair is the difference in the value of the car as it is and the value it would have if repaired, or the cost of repairs.
Note that the express warranty on a new motor vehicle stated in a number of miles begins from the date the vehicle is delivered to the consumer. For example, if a demonstration model with a 24,000 mile warranty has 4,000 miles on it when the consumer buys it, the warranty will remain in effect until the vehicle has 28,000 miles on it.
Reasonable Number of Attempts
The law presumes that "a reasonable number of attempts have been undertaken" to fix the defects if:
- The same defect has been presented to the manufacturer, or its authorized dealer for repair four or more times without success, or
- The vehicle has been out of service during or while awaiting repair of a defect or series of defects for a cumulative total of 20 or more business days during any 12 month period of the warranty, provided that the consumer has notified the manufacturer directly in writing of the existence of the defects or series of defects and allowed the manufacturer a reasonable period, but not more than 15 calendar days, to fix them. This last requirement makes it vital that customers write the manufacturer directly about the problems early on if the dealer is having trouble getting them fixed. Do not let the dealer talk you out of writing the manufacturer directly. You must do this to get your rights under the law.
What Remedies Are Available to the Consumer?
If the manufacturer has not fixed the vehicle after a reasonable number of attempts, the purchaser or leasing consumer is entitled to choose a comparable, new replacement vehicle or a refund. The statute is not specific as to what is a comparable new replacement vehicle, though it would clearly include an identical make and model. However, the consumer may choose a refund instead of a replacement. The statute is very specific about how to determine the amount of the refund.
A purchaser is entitled to a refund of:
- The full contract price including, but not limited to, charges for undercoating, dealer-preparation and installed options, plus the non-refundable portions of extended warranties and service contracts;
- All supplemental or collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;
- All finance charges incurred by the consumer after he first reports the defect to the manufacturer, its agent, or its authorized dealer; and
- Any incidental damages and monetary consequential damages, less a reasonable allowance for the consumer's use of the vehicle.
Incidental damages include, among other things, reasonable expenses for inspecting and transporting the vehicle (e.g., towing expenses), costs to cover alternate transportation (e.g., rental car fees), and hotel expenses, if any. Monetary consequential damages include the value of lost use generally.
A leasing consumer is entitled to a refund of:
- All sums previously paid by the leasing consumer under the terms of the lease;
- All sums previously paid by the leasing consumer in connection with entering into the lease agreement, including, but not limited to, any capitalized cost reduction, sales tax, license and registration fees, and similar government charges; and
- Any incidental and monetary consequential damages.
Because it is the manufacturer that is responsible for the vehicle, the leasing must recover from the manufacturer, not the lessor. The lessor also may recover from the manufacturer. Remedies available to the lessor are described at G.S. § 20-351.3(b)(2).
The statute defines a "reasonable allowance for use" as that amount directly attributable to use by the consumer prior to his first report of the defect to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. "Reasonable allowance is presumed to be the cash price of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles on the vehicle attributed to the consumer." For example, if the cash price of the vehicle was $20,000 and the purchaser or leasing consumer had driven the car 10,000 miles before getting a refund, the owner would be entitled to the full refund, less $20,000 (10,000/100,000), or $2,000.
What Steps Should I Take?
- When you buy your car, read your warranty and owner's manual carefully. Follow all maintenance guidelines.
- When you notice a defect, take the vehicle to an authorized dealer for repairs as soon as possible. Prepare and leave a detailed list describing each defect each time you take the vehicle in for repair. Keep a copy for yourself.
- Get repair orders for all warranty work. Ask for detailed repair orders and keep them.
- Be sure the repair orders show how many days the vehicle was in the shop.
- Keep a personal record of the number of days the vehicle is in the shop, dates, and mileage.
- Keep a record of all related expenses, such as towing charges and rental car fees, and save all receipts.
- After the third repair for the same defect or if the vehicle has been out of service for 15 business days, notify the manufacturer and the finance company in writing (if you have not done so already) and send the notification by certified mail, return receipt requested. Ask the manufacturer to have the car fixed. Send a copy to the dealer. You will probably find the address of the manufacturer in your warranty or owner's manual or you can get it from the dealer.
- Keep copies of all correspondence.
- Do not return the car or stop making payments. Talk to an attorney if you are at this point.
What About Arbitration?
Many auto manufacturers have established dispute resolution programs for customers with warranty problems. Some require you to use these programs before you go to court. Some do not. Read your warranty to see if the manufacturer has established a "dispute resolution" program and if you must use it before going to court. Ford and Chrysler operate their own programs. As of October 1, 1992, the following manufacturers participate in an arbitration program run by the Better Business Bureau: Acura, Audi, General Motors (all divisions), Honda, Infiniti, Isuzu, Nissan, Saab/Scania, Saturn, Sterling, and Volkswagen. If your warranty requires you to use the dispute resolution program, follow the instructions in the warranty to start the procedure. If your warranty does not require dispute resolution, decide if you want to try it.
Seeing a Lawyer
If arbitration fails, or if you did not have to use arbitration and did not want to, you should consider seeing a private attorney. Many people are reluctant to do this, but we encourage it. Some manufacturers, unfortunately, do not take consumer complaints too seriously until they hear from an attorney. Your attorney can advise you best what to do with the car and whether to stop making payments.
The lemon law provides that you can recover triple damages and attorney's fees if the manufacturer is found to have unreasonably refused to resolve your complaint.
North Carolina Lemon Law Statute
New Motor Vehicles Warranties Act
NCGS CHAPTER 20, ARTICLE 15A
§ 20-351. Purpose.
This Article shall provide State and private remedies against motor vehicle manufacturers for persons injured by new motor vehicles failing to conform to express warranties.
(1987, c. 385.)
§ 20-351.1. Definitions.
As used in this Article:
(1) "Consumer" means the purchaser, other than for purposes of resale, or lessee from a commercial lender, lessor, or from a manufacturer or dealer, of a motor vehicle, and any other person entitled by the terms of an express warranty to enforce the obligations of that warranty.
(2) "Manufacturer" means any person or corporation, resident or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are sold in the State of North Carolina.
(3) "Motor vehicle" includes a motor vehicle as defined in G.S. 20-4.01 which is sold or leased in this State, but does not include "house trailer" as defined in G.S. 20-4.01 or any motor vehicle with a gross vehicle weight of 10,000 pounds or more.
(4) "New motor vehicle" means a motor vehicle for which a certificate of origin, as required by G.S. 20-52.1 or a similar requirement in another state, has never been supplied to a consumer, or which a manufacturer, its agent, or its authorized dealer states in writing is being sold as a new motor vehicle.
(1987, c. 385; 1989, c. 43, s. 2, c. 519, s. 2.)
§ 20-351.2. Require repairs; when mileage warranty begins to accrue.
(a) Express warranties for a new motor vehicle shall remain in effect at least one year or 12,000 miles. If a new motor vehicle does not conform to all applicable express warranties for a period of one year, or the term of the express warranties, whichever is greater, following the date of original delivery of the motor vehicle to the consumer, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during such period, the manufacturer shall make, or arrange to have made, repairs necessary to conform the vehicle to the express warranties, whether or not these repairs are made after the expiration of the applicable warranty period.
(b) Any express warranty for a new motor vehicle expressed in terms of a certain number of miles shall begin to accrue from the mileage on the odometer at the date of original delivery to the consumer.
(1987, c. 385; 1989, c. 14.)
§ 20-351.3. Replacement or refund; disclosure requirement.
(a) When the consumer is the purchaser or a person entitled by the terms of the express warranty to enforce the obligations of the warranty, if the manufacturer is unable, after a reasonable number of attempts, to conform the motor vehicle to any express warranty by repairing or correcting, or arranging for the repair or correction of, any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer, and which occurred no later than 24 months or 24,000 miles following original delivery of the vehicle, the manufacturer shall, at the option of the consumer, replace the vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the following:
(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation, and installed options, plus the non-refundable portions of extended warranties and service contracts;
(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;
(3) All finance charges incurred by the consumer after he first reports the nonconformity to the manufacturer, its agent, or its authorized dealer; and
(4) Any incidental damages and monetary consequential damages.
(b) When consumer is a lessee, if the manufacturer is unable, after a reasonable number of attempts, to conform the motor vehicle to any express warranty by repairing or correcting, or arranging for the repair or correction of, any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer, and which occurred no later than 24 months or 24,000 miles following original delivery of the vehicle, the manufacturer shall, at the option of the consumer, replace the vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund the following:
(1) To the consumer:
a. All sums previously paid by the consumer under the terms of the lease;
b. All sums previously paid by the consumer in connection with entering into the lease agreement, including, but not limited to, any capitalized cost reduction, sales tax, license and registration fees, and similar government charges; and
c. Any incidental and monetary consequential damages.
(2) To the lessor, a full refund of the lease price, plus an additional amount equal to five percent (5%) of the lease price, less eighty-five percent (85%) of the amount actually paid by the consumer to the lessor pursuant to the lease. The lease price means the actual purchase cost of the vehicle to the lessor.
In the case of a refund, the leased vehicle shall be returned to the manufacturer and the consumer's written lease shall be terminated by the lessor without any penalty to the consumer. The lessor shall transfer title of the motor vehicle to the manufacturer as necessary to effectuate the consumer's rights pursuant to this Article, whether the consumer chooses vehicle replacement or refund.
(c) Refunds shall be made to the consumer, lessor and any lienholders as their interests may appear. The refund to the consumer shall be reduced by a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to his first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. "Reasonable allowance" is presumed to be the cash price or the lease price, as the case may be, of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles attributed to the consumer.
(d) If a manufacturer, its agent, or its authorized dealer resells a motor vehicle that was returned pursuant to this Article or any other State's applicable law, regardless of whether there was any judicial determination that the motor vehicle had any defect or that it failed to conform to all express warranties, the manufacturer, its agent, or its authorized dealer shall disclose to the subsequent purchaser prior to the sale:
(1) That the motor vehicle was returned pursuant to this Article or pursuant to the applicable law of any other State; and
(2) The defect or condition or series of defects or conditions which substantially impaired the value of the motor vehicle to the consumer. Any subsequent purchaser who purchases the motor vehicle for resale with notice of the return, shall make the required disclosures to any person to whom he resells the motor vehicle.
(1987, c. 385; 1989, c. 43, s. 1, c. 519, s. 1.)
§ 20-351.4. Affirmative defenses.
It is an affirmative defense to any claim under this Article that an alleged nonconformity or series of nonconformities are the result of abuse, neglect, odometer tampering by the consumer or unauthorized modifications or alterations of a motor vehicle.
(1987, c. 385.)
§ 20-351.5. Presumption.
(a) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if:
(1) The same nonconformity has been presented for repair to the manufacturer, its agent, or its authorized dealer four or more times but the same nonconformity continues to exist; or
(2) The vehicle was out of service to the consumer during or while awaiting repair of the nonconformity or a series of nonconformities for a cumulative total of 20 or more business days during any 12-month period of the warranty, provided that the consumer has notified the manufacturer directly in writing of the existence of the nonconformity or series of nonconformities and allowed the manufacturer a reasonable period, not to exceed 15 calendar days, in which to correct the nonconformity or series of nonconformities. The manufacturer must clearly and conspicuously disclose to the consumer in the warranty or owners manual that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement of the vehicle and the manufacturer shall include in the warranty or owners manual the name and address where the written notification may be sent. Provided, further, that notice to the manufacturer shall not be required if the manufacturer fails to make the disclosures provided herein.
(b) The consumer may prove that a defect or condition substantially impairs the value of the motor vehicle to the consumer in a manner other than that set forth in subsection (a) of this section.
(c) The term of an express warranty, the one-year period, and the 20-day period shall be extended by any period of time during which repair services are not available to the consumer because of war, strike, or natural disaster.
(1987, c. 385.)
§ 20-351.6. Civil action by the Attorney General.
Whenever, in his opinion, the interests of the public require it, it shall be the duty of the Attorney General upon his ascertaining that any of the provisions of this Article have been violated by the manufacturer to bring a civil action in the name of the State, or any officer or department thereof as provided by law, or in the name of the State on relation of the Attorney General.
(1987, c. 385.)
§ 20-351.7. Civil action by the consumer.
A consumer injured by reason of any violation of the provisions of this Article may bring a civil action against the manufacturer; provided, however, the consumer has given the manufacturer written notice of his intent to bring an action against the manufacturer at least 10 days prior to filing such suit. Nothing in this section shall prevent a manufacturer from requiring a consumer to utilize an informal settlement procedure prior to litigation if that procedure substantially complies in design and operation with the Magnuson-Moss Warranty Act, 15 USC § 2301 et seq., and regulations promulgated thereunder, and that requirement is written clearly and conspicuously, in the written warranty and any warranty instructions provided to the consumer.
(1987, c. 385.)
§ 20-351.8. Remedies.
In any action brought under this Article, the court may grant as relief:
(1) A permanent or temporary injunction or other equitable relief as the court deems just;
(2) Monetary damages to the injured consumer in the amount fixed by the verdict. Such damages shall be trebled upon a finding that the manufacturer unreasonably refused to comply with G.S. 20-351.2 or G.S. 20-351.3. The jury may consider as damages all items listed for refund under G.S. 20-351.3;
(3) A reasonable attorney's fee for the attorney of the prevailing party, payable by the losing party, upon a finding by the court that:
a. The manufacturer unreasonably failed or refused to fully resolve the matter which constitutes the basis of such action; or
b. The party instituting the action knew, or should have known, the action was frivolous and malicious.
(1987, c. 385.)
§ 20-351.9. Dealership liability.
No authorized dealer shall be held liable by the manufacturer for any refunds or vehicle replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner substantially inconsistent with the manufacturers' instructions. This Article does not create any cause of action by a consumer against an authorized dealer.
(1987, c. 385.)
§ 20-351.10. Preservation of other remedies.
This Article does not limit the rights or remedies which are otherwise available to a consumer under any other law.
(1987, c.385.)
The North Carolina Lemon Law website is dedicated to bringing our readers both information specific to the state of North Carolina and more general information across all 50 states so that you can make informed judgments concerning your rights and methods of achieving retribution. The North Carolina Lemon Law website is a consumer advocacy site that helps bring relevant information to the citizens of North Carolina for the purpose of educating our visitors on consumer law and consumer action.
We believe that the rights of the consumer are typically overlooked in the favor of big business. It the belief of the North Carolina Lemon Law website that a grassroots effort is necessary in order to bring awareness of the plight of the consumer and change laws to protect the consumer. The Federal Lemon Law, also called the Magnuson-Moss Warranty Act, was put in effect in 1975 to protect consumers and issue responsibilities to manufacturers in regards to faulty products. This was a first step.
Since then, all 50 states have adopted some form of lemon law specific to the automobile industry. More information may be found at the Federal Trade Commission website in a section called "Facts for Businesses." It is the belief of the North Carolina Lemon Law website that the current laws governing the length of time one's car can be out-of-commission are too lenient towards the manufacturers and that consumer advocacy is in order. Write your state congresspersons to let them know that you would like shorter time frames for the North Carolina Lemon Law to kick in regarding your vehicle.