California Lemon Law Blog

The National Highway Traffic Safety Administration has announced that it has begun a preliminary investigation into a purported manufacturing defect affecting the 2003 and 2004 model year Volkswagen Passats. The New York Times reports that the investigation comes after the Administration received sixteen reports of failing ignition coils in the affected cars. Ignition coil failure can cause fires or lead to loss of power, which some complaints allege could have caused accidents.

A similar issue with faulty ignition coils in some of Volkswagen’s most popular models came up in 2003.

The NHTSA has emphasized that it has made only a preliminary evaluation of the situation as of yet. The organization will conduct a more rigorous engineering diagnostic if the preliminary evaluation shows any cause for concern.

Volkswagen has already implemented a service campaign to replace all of the malfunctioning coils in the hopes of avoiding a full blown recall, which can be costly to the manufacturer and comes with stringent legal requirements and penalties. However, some customers have complained that even the replacement coils that they received were failing soon after installation.

Under existing California consumer protection laws, car manufacturers have a duty to ensure their products are reliable and safe. If a defect or reoccurring problem occurs, manufacturers have a legal responsibility to repair the faulty part or, in cases where numerous repairs have already been attempted and failed, refund the money paid for the car or replace the vehicle. If you think you have been sold a sub-standard car, call the knowledgeable California lemon law attorneys at the Law Offices of Howard D. Silver for a free consultation about your case at (866) 46-LEMON.

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The initial consolidated complaint in the first of many multi-district litigation (MDL) class action lawsuits was filed against Toyota Motor Corp. for damages suffered by drivers as a result of unintended acceleration. Lawyers have chosen to use California consumer protection laws as the framework for their case.

The National Law Journal reports that the MDL compiles more than 200 lawsuits and lists not only individual consumers, but also rental car companies and car dealerships as plaintiffs seeking compensation. The complaint does not include claims involving death or injury. Instead, it alleges that Toyota knowingly concealed information about defects associated with unintended acceleration (primarily due to floor mat and pedal design issues), which posed a significant safety hazard to drivers.

Plaintiff lawyers intentionally chose to cite California state consumer protection laws, including the Consumer Legal Remedies Act and the California Unfair Competition Law. Attorneys explained that class certification is more likely when the law of only one state is applied, and they specifically chose the California statute because it is significantly pro-consumer.

California auto fraud and consumer protection laws are among the strongest and most comprehensive in the nation. If you suspect that you have knowingly or fraudulently been sold a defective vehicle, the experienced California auto fraud attorneys at the Law Offices of Howard D. Silver are well equipped to handle your case. Call today for a free consultation at 866-49-LEMON.

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Honda Motor Company has announced a recall of its popular Accord, Civic and Element models due to a defect in the ignition interlock lever. The lever is meant to prevent drivers from removing their key from the ignition before putting the car in park. ABC News reports that failure of the lever could cause cars to roll away when parked, a significant safety hazard.

The recall affects models from 2003 and 2004 and covers around 384,220 cars in the United States. An additional 44,000 vehicles in Canada are covered. The recall decision follows the release of a 2009 NHTSA inquiry confirming the safety hazard. After meeting about the study results, Honda and the NHTSA mutually determined that a recall was necessary for the defective Honda vehicles.

Honda will begin notifying individual customers in September, per the NHTSA recall guidelines. So far, eleven crashes related to the defect have been reported to the Administration.

The NHTSA works closely with auto manufacturers to regulate the safety of all vehicles put into the consumer market. If you suspect you have been sold a defective car, you may have a right to a manufacturer repair, a refund or a new vehicle. Getting a full grasp on the scope of the California lemon law and how it may apply to you can be quite a challenge. Skilled San Bernardino lemon law lawyer, Howard D. Silver, can help you with your particular situation and defend your rights. Call today for a free consultation about your case at 866-46-LEMON.

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Price Wheels reports that Subaru has announced a voluntary recall of Legacy and Outback models from the 2010 and 2011 model years. The company discovered that an essential lubrication hole for the transmission was absent from these models due to a programming error.

Vehicles missing the lubrication hole are at risk of serious damage being done to their transmissions. Transmission gears lacking adequate lubrication will become stressed, potentially causing damage or breakage to the transmission gears while the car is driving. Although no accidents have been reported to the NHTSA resulting from the defect, the defect does pose a potentially significant safety risk to drivers.

Subaru has halted sales of the affected vehicles at its national dealerships. The company will also contact all registered owners of the vehicle with information about the recall and to schedule a service appointment to repair the defect and any related damage to the internal parts of the transmission. Subaru has also offered to replace the shaft and gears of any recalled vehicle with more than 6,250 miles.

If you have recently purchased a new car that has required repeated trips back to the dealer for repairs, you may have purchased a lemon. Under the California Lemon Law, you may be entitled to compensation for repairs, a replacement vehicle or a full refund of the purchase price. Call the Law Offices of Howard D. Silver today at 866-46-LEMON to learn about your rights.

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Reports of steering wheel problems have compelled the NHTSA to launch investigations into 2007-2009 Mazda3s and 2003-2005 BMW Z4s, according to US News & World Report. Although equipped with different types of steering systems, both vehicles have been the subjects of consumer complaints about increased difficulty turning the steering wheel.

The BMW Z4 has an electric power steering system, while the Mazda is equipped with an electro-hydraulic assist system. Consumer complaints indicate the Z4 experiences steering problems while the vehicle is operating at higher speeds and temperatures. Mazda became aware of the problem in 2009 and released a Technical Service Bulletin (TSB).

If you are a California resident and your new car has required frequent unsuccessful repairs, you may have been sold a lemon and may be entitled to compensation under the California lemon law. Seek the counsel of the lemon law California attorneys at the Law Offices of Howard D. Silver. Call today for a free consultation: 866-46-LEMON.

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Toyota has recently recalled approximately 270,000 cars worldwide under its luxury brand name, Lexus, according to a Daily Finance report. The defect sparking the recall involves a faulty valve spring, which may cause abnormal engine noises or idling. In isolated instances, the defect has resulted in the engine shutting off while the vehicle is in operation.

The company suspects that foreign matter contaminating the valve spring during manufacturing caused the problem. In August 2008, Toyota modified its process to produce a thicker spring. Toyota has also instituted improved monitoring of the parts’ production. Toyota first started receiving complaints about the problem in Japan more than three years ago, but failed to issue a recall until earlier this month.

The recall is expected to affect around 138,000 vehicles in the United States, all under the Lexus brand name. The recall only affects cars manufactured before August 2008, as Toyota contends that the problem was fixed in vehicles manufactured after that date. Recalled vehicles will have the valve spring replaced at no charge to the owner.

Automobile manufacturing defects can prove to be a significant inconvenience to car owners, not to mention result in costly repairs. If you are a resident of California and need help understanding your rights as a consumer, connect with a Los Angeles Toyota lemon law attorney at the Law Offices of Howard D. Silver to learn more about your rights. Call 866-49-LEMON for a free consultation about your case.

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When buying a new or used car, it's important for consumers to remember that they have rights. Both new and used vehicles still under the manufacturer's warranty are covered under the California lemon law, giving consumers peace of mind during such a major purchase. If a vehicle turns out to be defective in a way that compromises its use, safety or value, the vehicle owner could be entitled to his money back or a replacement vehicle.

According to the California Office of the Attorney General, a defective vehicle is declared a "lemon" only after a reasonable number of repair attempts have been made and failed to correct the issue. California's lemon law is set in place to help determine how many repair attempts are considered a reasonable amount. This can vary from vehicle to vehicle depending on the severity of the defect.

During the first 18 months or 18,000 miles, it is presumed that a vehicle is a lemon if:

• a problem likely to cause harm or death has been subject to repair at least twice and the manufacturer has been notified that the repair needs to be fixed per the vehicle's warranty;


• a problem has been subject to repair at least four times and the manufacturer has been notified that the repair needs to be fixed per the vehicle's warranty; and/or


• a vehicle is out of service for a total of at least 30 days.

California lemon law can be complex, but it is important for consumers to fully understand their rights when purchasing a vehicle. To learn more about how to protect your rights as a consumer, please contact skilled Southern California automobile lemon law attorney Howard D. Silver at the Law Offices of Howard D. Silver. Call 866-49-LEMON today for a free consultation.

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U.S. regulators have not been able to link the unintended acceleration problems resulting in a massive Toyota Motor Corporation car recall to any electronic defect, the Dow Jones Newswire reports. A substantial contingent, including members of Congress, consumer advocates and product liability attorneys, are convinced that the acceleration issues can be tied to a defect in the electronic-throttle-control system in the affected vehicles.

Officials looking into the Toyota recall have found that the accelerator problem is only attributable to a poorly designed floor mat that would trap the gas pedal when compressed and the tendency of some pedals to be slow in returning to idle. Both of these factors are physical, not electronic.

The NHTSA has enlisted the assistance of NASA engineers in their ongoing investigation into the causes of unintended acceleration. While the prospect of an electronic cause has not been completely ruled out, thus far perhaps most Toyota car accidents were caused by poorly designed physical components.

If you have questions about the safety of your vehicle or suspect it may be a lemon, you may be entitled to compensation under the California lemon law. Call the experienced lemon law lawyers in California at the Law Offices of Howard D. Silver for a free consultation about your case: 866-49-LEMON.

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Consumers in California are lucky to have legal rights and protections put in place by the Song-Beverly Consumer Warranty Act, also known as the California lemon law, which covers the lease or purchase of new motor vehicles. If a new car has chronic problems that cannot be repaired after a reasonable number of attempts, the car owner may be entitled to either a refund or a new vehicle. Unfortunately, many California residents are not fully educated about the rights afforded under the CA lemon law.

Fortunately, the Internet provides a great resource for consumers to conduct independent research. One great resource can be found at www.carcomplaints.com. This website provides an open forum for car owners to report any issues they are having with their vehicles. Complaints are compiled by type, and the website generates summaries of common complaints, problem trends and ranks the gravity of the complaints.

Through this sort of public review process, car owners or prospective car buyers can educate themselves about problems with their vehicles with data from first-hand sources rather than filtered through various media outlets. In fact, if you are considering purchasing or leasing a new car, first review the common complaints about the model you are considering.

On the other hand, if you have already purchased a new car and are experiencing some of the same issues that appear on the complaint boards, you may be entitled to compensation under the California Song-Beverly Consumer Warranty Act. Seek the legal guidance of the experienced Southern California lemon law attorneys at the Law Offices of Howard D. Silver. Call 866-49-LEMON today for a free consultation.

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In recent years, car manufacturers have been under attack for instituting what have come to be known as “secret warranties.” Officially called service bulletins by the industry, manufacturers will issue these bulletins when they discover a defect in one of their vehicles that isn’t safety related. Unlike a safety recall, service bulletins are not widely publicized. Consumers often are not provided notice of the bulletin. There is no automatic reimbursement for prior repairs, and they often include expiration dates.

According to a 9 News Now article, a common complaint among car owners is that they were never made aware of service bulletins and their entitlement to manufacturer-sponsored repairs. As a result, consumers may pay substantial amounts of money for repairs for something the manufacturer acknowledges is defective. Once consumers are made aware of the existence of a secret warranty, the company may agree only to pay for the most recent repair or may claim the warranty has already expired and refuse to pay for anything.

California Civil Code Sections 1795.90-1795.93 provide certain rights and protections to California car owners. Dealers or manufacturers may be required to disclose to buyers service bulletins that have been issued for their products.

If you have been denied your rights under the Warranty Law, the experienced attorneys at the Law Offices of Howard D. Silver will ensure that you receive the monetary compensation you deserve. Call today for a free consultation: 866-49-LEMON.

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With the economy in the tank, and people losing jobs daily, many prospective car buyers are considering pre-owned vehicles. Buying a used vehicle is an effective way of getting a quality vehicle at a lower price. However, investing in a pre-owned vehicle carries significant risks. How can you know that the vehicle isn’t spruced up to look nice but may have significant problems?

Online resources like Carfax.com can run a background check on the vehicle. They are also a good place to start. However, these websites rely on honest dealers and insurance companies to report information, and therefore are only as good as the information they are provided. For a more comprehensive history, prospective buyers can request records from their local DMV.

A NewsNet5.com article states that experts also recommend buying a factory certified car when possible. Unlike buying a car as-is, the manufacturer’s warranty will cover a factory certified car in case it requires future repairs.

Continue reading "What to Look for When Buying Used Vehicles" »

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GM is recalling approximately 1.5 million of its vehicles due to a defect in its heated windshield wiper fluid mechanism that may cause cars to catch on fire, the LA Times reports. GM has preemptively offered to pay owners of the recalled cars $100 to allow the company to disable the heating mechanism entirely, which it has been unable to fix.

This action comes in the wake of the recent Toyota Motor Corporation recall-related public relations quagmire. U.S. automakers are jumping at the opportunity to demonstrate their commitment to vehicle safety and willingness to report and rectify product defects as soon as they are discovered.

By voluntarily offering monetary compensation early in the recall process, GM hopes to avoid lasting damage to the company’s image. The roughly $150 million GM will pay out to consumers as a result of the recall pales in comparison with the potential losses in market viability that accompany consumer lack of confidence.

Continue reading "GM to Compensate Car Owners for Faulty Windshield Fluid Mechanism" »

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Posted In: Auto Product Recalls

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