Can You Get a Lemon Law Settlement Without Filing a Lawsuit?

July 19th, 2009 at 02:57pm Under Consumer Law

Janette Rinkenberger is a paralegal in the pre-litigation department of Brennan, Wiener & Associates, APC. She has successfully settled numerous Lemon car cases without the necessity of filing a lawsuit. Below she offers some pointers to readers who may need assistance, to get them headed in the right direction. Sidebar is the consumer rights and consumer protection newsletter published by Brennan, Wiener & Associates, which conducted this interview.
Sidebar: Is it possible for consumers to get their rights taken care of under the Lemon Law without having to file a lawsuit?
JR: Yes it is, and it doesn’t have to take forever. I see successful pre-litigation settlements happening every week at our office.
Sidebar: What does pre-litigation mean? Can a consumer get Brennan, Wiener & Associates to take a pre-litigation case on contingency? What is a pre-litigation settlement? What are the advantages to signing up on a pre-litigation basis?
JR: Pre-litigation means that you try to reach an agreement with the manufacturer or dealer without having to file a lawsuit. At Brennan, Wiener & Associates, we handle all of our pre-litigation cases on a contingency basis. A pre-litigation settlement is an agreement between you and the manufacturer or dealer in which you will be compensated for your damages in return for a release of all claims. Once a pre-litigation settlement has been reached, a document is drafted which spells out the terms of the agreement.
Some advantages of signing up pre-litigation are 1) that you might get a settlement much sooner; 2) you might be able to avoid the hassles of litigation; and 3) if you have a strong case and the other side refuses to come to an agreement with you, then we might be able to initiate a lawsuit and show that you tried to work out an agreement with the other side without having to litigate.
Sidebar: What do you recommend consumers do when they have repeated problems with their vehicles, but the manufacturers don’t seem to care or listen?
JR: Call our office and provide us with the basic information about your situation. Make sure you get all of your repair orders together. If you purchased a used car that is still under the manufacturer’s warranty, make sure you get a warranty repair history from the dealer’s service department. Continue making your monthly payments. If the car is not safe to drive, park it. Stay in communication with our office for any updates and to answer any questions. I will need the finance information in order to draft a demand letter. We review all of our cases free of charge and always advise the clients if we think we can help them.
Sidebar: What step should a consumer first take who wants to sign up with your law firm and try to get a pre-litigation settlement?
JR: Send all your documents to our office so that we can review them.
Sidebar: What can a consumer expect to get from a pre-litigation settlement?
JR: We would typically ask for reimbursement of the down payment, the total monthly payments you have made to date, loan pay-off, registration fees, rental expenses, and other incidental expenses that may apply in your case, as well as attorney fees. The other side may offer all or part of the above, in which case we would need to discuss with you how to proceed. We would typically negotiate with the other side in an attempt to reach an agreeable settlement. We cannot promise anything, as it is ultimately up to the manufacturer or dealer as to whether or not they will reimburse you, pre-litigation, for your losses. However, we do have many satisfied clients who wind up getting all, or close to all, of what they were entitled to.
Sidebar: What if the other side agrees to repurchase the Lemon vehicle? What happens next?
JR: At that point we would have to schedule a vehicle turn-in, usually done at the dealership where you purchased the vehicle. Before you turn in the vehicle, make sure it doesn’t have any damage beyond normal wear and tear. If it does, you need to have it repaired or the manufacturer will deduct the cost of repair from your settlement amount. It is also advised that you get your car washed and take your personal belongings out of the car ahead of time. Make sure you bring both sets of keys and the owner’s manual to the turn-in. At the turn in you will need to sign some documents transferring ownership over to the other party.

Tips About Lemon Law Attorneys San Diego

July 19th, 2009 at 08:56am Under Consumer Law

Consumer rights is applicable to everything when it comes to buying goods, and that includes the purchasing of automotive vehicles. The Song-Beverly Consumer Warranty Act, more commonly known as the California Lemon Law, sees to it that consumer rights is always upheld and protected, especially by lemon law attorneys San Diego.

The California Lemon Law applies to cars where the dealership has failed to repair successfully within the warranty period, despite the number attempts to do so. While the number of visits is not that specific, it usually is about your fourth visit when you should start taking the legal route. Also, if the car has been in there for over 30 days, you can apply it then as well. However, keep in mind that it is assessed case-by-case.

If ever your situation satisfy these conditions, then the manufacturer or dealership is supposed to refund your money or replace the vehicle with a similar one. The attorney’s fees are also to be included, which is good for those who can’t afford one. These can apply even if the car started going haywire outside the 18-month period or has already exceeded 18,000 miles.

This lemon law also applies to used and leased vehicles, which include boats, motorcycles, and recreational vehicles that are private and non-commercial. It can apply to business as long as they are under 10,000 pounds in total gross weight and at a total of five vehicles or less.

Customers are not necessarily in need of self-arbitration, but they will have to settle a warranty dispute to the manufacturer before taking the case to court if a state-certified arbitration program is maintained. This process usually is outlined in the warranty or owner’s manual. But then again, it would usually tell you to have it repaired by the manufacturer, which just leads you back to square one.

If the manufacturer still does not comply to the terms and conditions of warranty, then it would be wise to take it to the court. By this time, a good lawyer experienced in this field is to be hired and a questionnaire or complaint form from the Californian Vehicle Warranty Rights Act Department is to be filled up. Information such as the brand and model of the vehicle, year of manufacture, mileage, name, contact details, date of purchase, and so on is to be written down and submitted with copies of documents needed.

Upon submission and approval, you are to fill up another form that states the parameters of eligibility. Your lawyer should be able to handle this by filing a claim under the California Lemon Law with a letter to the manufacturer.

This letter will notify the manufacturer of your intentions to initiate a breach of express or implied warranty. With that, a copy of that document must also be submitted to the Consumer Affairs Department and the Attorney General’s office. These requirements are necessary for the proper processing of your case.

The California Lemon Law is there to assist in obtaining either a refund or a replacement of the car if ever bad things do happen. This is only possible if you have filed the proper documents and hired some lemon law attorneys San Diego who is experienced in this field. If you have all of those, then things can turn to your favor.

What are Consumer Protection Laws?

July 19th, 2009 at 02:57am Under Consumer Law

Consumer protection laws are certain laws put into place to protect the consumer from fraud or unfair practices. Of course it is only fair to go to the trader with your complaint at first. But if you cannot get satisfaction after speaking and writing to the company, then you should contact Consumer Affairs in your state. Always keep records of all phone calls and copies of letters sent to the trader. When contacting Consumer Affair, you will need to do so in writing (after your initial phone call) if you want action taken. While it may seem to be a lot of trouble, it is wise to persevere rather than let unscrupulous traders get away with illegal actions. Consumers have a right to expect certain standards when they buy goods. This includes the price and weight of the goods, performance and safety requirements and the care required for washing garments. They also have a right to be protected from unfair advertising claims and high-pressure selling.So if you buy a product that does not perform in the way it should, or if it is different to what is stated on the outside of the package, then you have recourse through consumer protection laws to either get a refund or have the product exchanged for the correct one. In most cases, it is necessary to produce your receipt, so be sure to keep it until your product is proven to work.Of course it is only fair to go to the trader with your complaint at first. So if you buy a product that does not perform in the way it should, or if it is different to what is stated on the outside of the package, then you have recourse through consumer protection laws to either get a refund or have the product exchanged for the correct one. In most cases, it is necessary to produce your receipt, so be sure to keep it until your product is proven to work. But if you cannot get satisfaction after speaking and writing to the company, then you should contact Consumer Affairs in your state. Always keep records of all phone calls and copies of letters sent to the trader. When contacting Consumer Affair, you will need to do so in writing (after your initial phone call) if you want action taken. While it may seem to be a lot of trouble, it is wise to persevere rather than let unscrupulous traders get away with illegal actions.

Apply Your Consumer Rights Using California Lemon Laws!

July 18th, 2009 at 08:57pm Under Consumer Law

California lemon laws are special laws which are made in California to protect the customers of California who are feeling to be cheated from the manufacturers, dealers or sellers of lemon products. Lemon products are those products which don’t perform same as they are said to be at the time of purchase. There is much fraudulent kind of sellers who do this kind of things and sells the bad quality product with the word that the product is best. When a customer buys these products then he feels cheated because the dealer takes the money and on the behalf of that the customer gets a lemon product. It really pains and consumers want either their money or similar product with the best quality.

The California Lemon Law is basically made for the automobiles and generally known as California ’s Song-Beverly Consumer Warranty Act. It can be applied to all the dealers who are unable to repair your car in the provided warranty period when you have given a number of opportunities.

The Defects that the California lemon laws covers are impair the use, value and safety of the owner. People who are aware of this law doesn’t feel any problem but people who are newly known of this law generally think that it is little difficult to understand. The California lemon law protects buyers of new as well as used vehicles that are defective can receive a refund or replacement against the lemon or faulty vehicle. If you have taken a car on the lease that is in the warranty period then also it can be covered under the California lemon law.

Under the California lemon law other kind of vehicles like RV, motorcycles or even boats are covered. The law is applicable on the electronics also and so its name changes as California lemon law electronics. The single limitation of the lemon laws are that these are applicable till as long as your vehicle is under warranty If the first repair takes place while the vehicle is under warranty period, the vehicle can come out of warranty and still be protected under the California Lemon Law.

The Californian citizens don’t require consumers to go through the hoops of the manufacturer’s arbitration program, so it’s good for Californians. You can also repair your vehicle from another authorized dealer. Always try to know more about the California lemon law because the more you know the more clearly you understand about it.

Apply Your Consumer Rights Using California Lemon Laws!

July 18th, 2009 at 08:57pm Under Consumer Law

California lemon laws are special laws which are made in California to protect the customers of California who are feeling to be cheated from the manufacturers, dealers or sellers of lemon products. Lemon products are those products which don’t perform same as they are said to be at the time of purchase. There is much fraudulent kind of sellers who do this kind of things and sells the bad quality product with the word that the product is best. When a customer buys these products then he feels cheated because the dealer takes the money and on the behalf of that the customer gets a lemon product. It really pains and consumers want either their money or similar product with the best quality.

The California Lemon Law is basically made for the automobiles and generally known as California ’s Song-Beverly Consumer Warranty Act. It can be applied to all the dealers who are unable to repair your car in the provided warranty period when you have given a number of opportunities.

The Defects that the California lemon laws covers are impair the use, value and safety of the owner. People who are aware of this law doesn’t feel any problem but people who are newly known of this law generally think that it is little difficult to understand. The California lemon law protects buyers of new as well as used vehicles that are defective can receive a refund or replacement against the lemon or faulty vehicle. If you have taken a car on the lease that is in the warranty period then also it can be covered under the California lemon law.

Under the California lemon law other kind of vehicles like RV, motorcycles or even boats are covered. The law is applicable on the electronics also and so its name changes as California lemon law electronics. The single limitation of the lemon laws are that these are applicable till as long as your vehicle is under warranty If the first repair takes place while the vehicle is under warranty period, the vehicle can come out of warranty and still be protected under the California Lemon Law.

The Californian citizens don’t require consumers to go through the hoops of the manufacturer’s arbitration program, so it’s good for Californians. You can also repair your vehicle from another authorized dealer. Always try to know more about the California lemon law because the more you know the more clearly you understand about it.

Telemarketing And The Law

July 18th, 2009 at 02:57pm Under Consumer Law

People who work as telemarketers are not universally loved by all. The reason that some many in the public dislike telemarketers is that the calls tend to interrupt them at especially inappropriate moments, such as when it is time for dinner or when a parent is spending time with a child.
It is estimated that residents in Western countries receive about 16 billion sales calls each year, although the number varies by state and country. In some locations, legislation to stop these calls has been proposed at local as well as national levels. In the face of all the difference, each user of the telemarketing strategy has the sole responsibility to become familiar with the laws governing the industry in a specific locale. Telemarketers are required to comply with all relevant laws imposed on their industry.
In the United States, there are several well-established federal laws that apply to telemarketing.
The Federal Trade Commission (FTC) enacted the Telemarketing Sales Rule (TSR), which implements the Telemarketing and Consumer Fraud and Abuse Prevention Act of 1994. This law is one of several designed to make the nations markets function in a competitive manner, while stopping activities that endanger a consumers chance to make an informed choice. The TSR had an amendment added in 2002, and it currently establishes a Do-Not-Call program, which mandates an abandonment rate of three percent for predictive dialers. The program also requires telemarketers to transmit Caller-ID information so people can screen these calls. There are some industries that are not covered under the TSR, however. These include federal credit unions, common carriers, banks, nonprofit organizations, and insurance firms.
The Federal Communications Commission also implemented specific laws applying to telemarketing in order to protect consumers privacy rights. The Telephone Consumer Protection Act of 1991 (TCPA) covers in-house lists and prohibits telemarketers from calling home numbers unless it has written policies and procedures to maintain a do-not-call list of consumers who specifically ask not be called any more. The telemarketing laws of the FCC also require that calls made by predictive dialers to wireless telephone numbers be prohibited. Basically, the TCPA limits telemarketing firms from calling a residential number unless there are procedures for placing consumers who ask not to be called in the Do-Not-Call registry. The law also prohibits sending any unsolicited fax advertisements, the use of automatic dialers, or sending recorded messages.
These telemarketing laws require the FTC to create regulations that will prevent telemarketers from engaging in abusive and fraudulent practices. Under the laws, the FTC was also allowed to develop the TSR.

Use the Law to Protect Your Credit and Save You Money

July 18th, 2009 at 08:56am Under Consumer Law

Copyright (c) 2008 Stephen Lau

As a consumer, under the law, you are protected in matters regarding billing errors, defective products, interest rate on loans, lost or stolen credit cards, and leasing a personal property, such as cars, appliances for over 4 months. These laws and regulations are meant to protect your credit and save you money.

However, you must not only be knowledgeable about these laws and regulations, but also know how to apply them to your advantage.

The Fair Credit Billing Act protects you when you charge a credit card, credit line, or revolving charge account. It protects you against billing errors, defective goods or service. But you must know how to act accordingly in your best interest.

Send a written complaint to your creditor immediately (within 60 days), and include your name, account number, the item(s) in dispute, and the reasons why you think there is an error. Send it to the appropriate department or address.

However, you must continue to pay your bill while under dispute. Remember, the creditor cannot initiate any collection procedure against you; nor can the creditor send the disputed amount as delinquent to the credit bureaus. You may use this to buy more time to settle or bring your account current.

By law, the creditor must acknowledge your letter within 30 days of receipt.

If the creditor is correct and present you with copies of related documents, you must pay the bill or the amount owed. But if you think you still have a case, write within 10 days of receiving the disputed explanation.

The Fair Credit Billing Act requires all cards issuers to mail their statements to customers at least 2 weeks before payment is due, and credit payments may begin the date they arrive, but not before. The law also requires all refunds to be paid within 7 days after receiving a written request.

If you lose a credit card, you are liable to only $50, even if you don’t promptly notify your credit card issuer. This is also your right as a credit card consumer.

The Truth in Lending Act ensures that the lenders must disclose the terms of the loan you are applying for, including the financial charge, the APR (which is the annual percentage cost of the loan on a yearly bases, that is, if the APR is 18 percent, you will be paying an interest of 1.5 percent of the loan a month), and any fees associated with the loan. If you receive several preapproved credit cards, always choose the one with the lowest APR and the lowest annual fee or no annual fee to save you money. Always read the fine print, and ask if you have any question.

By law, you can change your mind about getting a loan, and generally you have about 3 days to do so.

The Equal Credit Opportunity Act requires that you will be notified, within 30 days of application, the approval or denial of a loan to you. Any denial must be in writing with specific reasons. According to the law, you cannot be denied based on sex, race, marital status, religion, national origin, age, receiving welfare, or unavailability of credit insurance.

The Consumer Leasing Act is applicable to leasing for personal property for longer than 4 months (this does not apply to short-term car rental). The leaser has to provide you with the cost and terms of the lease in the form of written disclosures, such as the total cost of leasing, registration fee, taxes, maintenance and insurance, and, most important, the standards of wear and tear, such that any future dispute can be avoided, and, if not, at least resolved satisfactorily.

Review your state’s laws regarding collections, and the federal Fair Debt Collection Practice Act to familiarize yourself with your rights as a consumer. When a collector knows you are knowledgeable, he or she cannot and will not intimidate you.

Always be knowledgeable of the law and your rights as a consumer. This will protect your credit and save you money.

From A Consumer To A Producer

July 18th, 2009 at 02:56am Under Consumer Law

FROM A CONSUMER TO A PRODUCER

Let the Lemon Law Protect You and Your Car

July 17th, 2009 at 08:56pm Under Consumer Law

Buying a new or used car is a serious commitment of time and money, and one of the most frustrating parts of the car ownership experience is the fact that cars sometimes break down. While all cars stop working from time to time, when the repairs to the car or too frequent or too serious, the lemon law may be able to help you.

Just about every state in the country has its own lemon law in place, and the lemon law is there to protect customers who purchase automobiles and trucks from unwarranted repairs and frequent breakdowns. If you feel that your car may qualify for lemon law protection it is important to contact an attorney or consumer organization who specializes in lemon law issues. These organizations will be best able to provide you with your rights and to explain your rights and responsibilities under the law.

One of the most important things any consumer can do is to keep a running list of all repairs and expenditures on the vehicle in question. When it comes time to defend the lemon law claim, the people involved will want to carefully examine all the records in order to substantiate the claim in question. This means they will want to look at the repair history of the car to determine if it is truly excessive or just bad luck.

It is important for consumers to understand the ins and outs of the various lemon laws on the books and to carefully research the applicable lemon law before making a claim. While a claim with merit is likely to be approved under the applicable lemon law, taking the time to become familiar with the law will help make the process go a lot more smoothly.

In most cases, if the car is determined to truly be a lemon, the lemon law will dictate that the consumer be provided with either a replacement for the lemon or a refund of the full purchase price. Again, the exact lemon law language will vary from place to place, so it is important to become familiar with your own lemon law before making a claim.

If you think you may be driving a lemon, the first thing to do is to become familiar with the laws that have been designed to protect you. If you feel you may be eligible for protection, it is important to contact a qualified and reputable consumer affairs attorney to discuss your case. Driving a lemon is certainly no fun, but there are laws set down to help protect consumers who find themselves in such a situation.

What is Lemon Law?

July 17th, 2009 at 02:58pm Under Consumer Law

The definition of Lemon Law is when a car that gives you grave problems right after you buy it. The defect must be extensive and must occur within a certain time or mileage period, usually 12,000 miles or one year. Usually People get the option of getting a refund or a replacement vehicle for a lemon, but they might have to go to arbitration or court to exercise this option.

Lemon Law refers to the statement from the government which is created to protect clients or customers from defects in automobile. An automobile that has manufacturing defect(s) or requires constant repairs after purchase and if the automobile is under the period of warranty, then the vehicle is termed as a lemon.

If any vehicle such as a car is under warranty period and is suffering from a range of faults that prevent a user to use the vehicle effectively then Lemon law act or the Magnuson Moss Act comes into force.

Lemon law can be enforced on any vehicle be it car, truck, van, SUV, motorcycle, boat or computer, etc. If any of these consumer durables is found to be defective then the consumer is entitled for either money back, replacement or a cash settlement. The law can be consulted with a Lemon law attorney as various states have different lemon laws. Some states have a lemon law for only the automobiles but some also include other consumer durables.

A dealer or manufacturer should have made number of attempts to repair the vehicle before being declared as lemon. Usually three or more attempts in row over a short period of time are required for any vehicle to be termed as lemon. Lemon law is also valid to vehicles that have been resold and are still under warranty.

To make certain whether a vehicle is a lemon or not one should study certain conditions of the vehicle before pursuing a lemon law suit. A vehicle should exhibit some serious defect or some abnormal condition. Number of attempts for repair should also be taken into account before preparing a lemon law suit. A written notice should also be issued to the manufacturer prior to a lemon law suit.

A vehicle that has been bought back by the manufacturer from the customer is known as a Lemon Buy Back. They are then often sold in auctions as used cars by the manufacturers.

The Lemon law enforced for protecting consumers from the lemon vehicles is Magnuson-Moss Warranty Act. This lemon law states that any advertised guarantee should explicitly state relevant information about a warranty. This law ensures that any warranty for goods above $15 should be clearly expressed on the goods and should be clear and easy to understand. The Magnuson-Moss Warranty act enables a consumer to bring suit to any manufacturer, supplier, warrantor, or service contractor for any defective piece of good or services.