California Lemon Law Blog

SeattlePI.com reports that four men in Washington state have been accused of odometer fraud with 75 cars.

According to the article, federal prosecutors allege the four men purchased vehicles with high mileage rolled back the odometers at a repair shop, and then resold the vehicles at a profit.

Allegedly, the men even had the odometers certified as accurate since many owners had not written the vehicle’s actual high mileage on the vehicle’s title. In one case, the men also altered the high mileage number that the owner had written on the vehicle’s title. The men are reported to have gained over $200,000 from their wrongdoing. In most instances, it is believed the men took over 50,000 miles off the vehicles’ odometers.

The article notes that one of the men had been arrested and posted bail the next day. Warrants for the other men have been issued. Each of the men has been charged with odometer tampering and other offenses related to odometer rollback, including conspiracy to commit offenses against the U.S.

If you have been a victim of deceptive business practices such as odometer rollback fraud, call Howard D. Silver. Mr. Silver is a California odometer fraud lawyer who can carefully examine the details surrounding the purchase of your vehicle and help you receive restitution from the responsible parties. Call 1-866-49-LEMON to schedule your free consultation today.

When people think about buying a used car, they typically consider obvious safety features such as seat belts, brakes, air bags, and overall crashworthiness, along with make, model, and mileage. Many people don’t realize that other, less obvious equipment such as a vehicle’s odometer can be just as crucial to investigate before purchase, not only for your wallet but also for your safety.

If a vehicle’s odometer is rolled back to a lower number, you could end up driving a vehicle that is significantly less valuable and not as safe as you thought. Sometimes, dealers even roll back the odometer on recent vehicle models so buyers believe they’re purchasing a brand new vehicle. The most dangerous form of odometer rollback occurs on a vehicle that has been in a serious accident and should not be on the road.

To prevent someone from becoming a victim of this type of fraud, the National Highway Traffic Safety Administration (NHTSA), along with the U.S. Department of Transportation (DOT), recommends consumers abide by the following tips:

• Compare the vehicle’s odometer mileage with its inspection and maintenance records
• Look at the vehicle’s wear and tear to see it if seems consistent with the mileage
• If the vehicle was previously owned, contact the state motor vehicle titling and registration office to obtain the vehicle’s title and title transfer documents, and then contact the previous owners to document and establish the vehicle’s true mileage
• Run a full report or an Odometer Check to see if there are any odometer discrepancies in the history of the vehicle

It is an unfortunate fact that many consumers are taken advantage of by dishonest car dealers. If you believe you have been a victim of car fraud in California, contact California used car fraud attorney Howard D. Silver. Mr. Silver can carefully examine the purchase of your vehicle to determine the best course of action for your situation. For a free consultation, call 1-866-49-LEMON today.

The State Bar of Wisconsin reports that a lemon law case in Wisconsin may head to the state’s Supreme Court to determine “the proper burden of proof” if an auto manufacturer claims a consumer acted in bad faith.

Under the Wisconsin lemon law, a manufacturer is required to refund a consumer’s money within 30 days if the vehicle does not conform to its warranty after a reasonable number of repair attempts have failed. If a manufacturer fails to meet this deadline, they are subject to double damages, attorney fees, and other costs.

The case focuses on a man who sued Mercedes-Benz USA LLC after they failed to give him a refund within 30 days. The auto manufacturer claimed the consumer acted “in bad faith” because he failed to provide them with the information necessary to meet the refund deadline. Although the trial court ruled for the man, an appeals court held that a consumer is not entitled to damages under the Wisconsin lemon law if he intentionally impedes a manufacturer’s attempt to give a refund. The appeals court remanded the case to the trial court to determine whether the man acted in bad faith.

At trial, the man argued that Mercedes-Benz should be required to prove that he acted in bad faith by clear, convincing evidence. The manufacturer claimed a lesser burden applied and that they should be required to prove the man’s bad faith “by the greater weight of the credible evidence to a reasonable certainty.” The court sided with the manufacturer and applied the lesser burden of proof and a jury also ruled in favor of Mercedes-Benz. However, the court granted the man’s post-verdict motion and concluded he was entitled to a refund. The case was then sent to the Wisconsin Supreme Court to determine the burden of proof issue only.

If you have purchased a vehicle in California and believe it may be a lemon, contact Los Angeles lemon law attorney Howard D. Silver. He can help you understand your rights under the California lemon law. Call 1-866-49-LEMON today.

SaferCar.gov announced a recall of 136,751 Mercedes-Benz vehicles due to defective cruise control systems on Wednesday, April 13th. The vehicles included in the recall are M-Class vehicles from model years 2000-2002 and M-Class AMG vehicles from model years 2000-2004.

The recall was prompted after the auto manufacturer concluded that the brake pedal in the affected vehicles may not disengage the cruise control automatically as a motorist would expect under certain circumstances. While other means of deactivating the cruise control are operational; such as making use of the cruise control stalk, tapping the brake pedal, or braking to reach the desired rate of deceleration, Mercedes has found that when the brakes in the affected vehicles are pumped instead of having consistent force applied to the pedal, an unusually high level of force may be required. As a consequence, a motorist may find it difficult to disengage the vehicle’s cruise control and/or there may be a delay in disengagement, which can increase the risk of an accident.

At no charge, dealers are expected to repair the affected vehicles. The recall is expected to start in September of this year. Consumers with questions can contact Mercedes-Benz by calling 1-800-367-6372.

When a vehicle is repaired for the same defect several times, but is still unable to function correctly, the vehicle may be a lemon. Inland Empire lemon law attorney Howard D. Silver has helped many consumers who have purchased a lemon vehicle in California understand the legal options available to them under the California lemon law and how best to proceed. To learn how Mr. Silver can assist you, or if you have questions regarding the state’s lemon law, call 1-866-49-LEMON today.

Recently, Toyota announced a recall of nearly 1,500 vehicles that do not comply with Federal Motor Vehicle Safety Standard No. 138, “Tire Pressure Monitoring Systems,” reports SaferCar.gov. The tire pressure monitoring systems (TPMS) of the affected vehicles may not have been calibrated properly and low tire pressure warning lights may not illuminate when appropriate. As a result, a driver will not be notified by the tire pressuring monitor that one or more of the vehicle’s tires are underinflated, which increases the risk of tire failure that could lead to an accident.

The vehicles included in the recall are Toyota FJ Cruisers from model year 2011, and Toyota Tundra vehicles from model years 2009 through 2011. Consumers who own these vehicles are instructed to take the vehicle to a dealer, where the tire pressure monitoring system will be recalibrated in accordance with the federal safety standard at no charge.

Consumers with questions may contact Toyota’s customer assistance center at 1-800-444-1074 or the National Highway Traffic Safety Administration’s vehicle safety hotline at 1-888-327-4236 to learn more about the recall.

When a vehicle defect affects its use, value, or safety, and the problem continues to exist after a reasonable number of repairs are attempting, the vehicle may be a lemon. For many years, Los Angeles lemon law attorney Howard D. Silver has assisted many consumers whose vehicle was discovered to be a lemon and helped them navigate the complexities of California’s lemon law. To learn more about consumers’ rights under the California lemon law, call 1-866-49-LEMON to schedule a free consultation with Mr. Silver today.