California Lemon Law Blog

Recent investigations have found that there have been more than 1,480 occurrences of unjust imprisonment over the past five years by the Los Angeles County Sherriff’s Department, sometimes as a result of wrongfully identifying the criminal. Interestingly, identity theft has been part of the problem, with victims of the crime being accused of perpetrating unlawful activity by someone using their names, according to The Los Angeles Times.

When a person is victimized by identity theft, he or she is often left to clean up the mess that has been left by the perpetrators. Identity theft victims can be subject to debt that has been accrued by wrongdoers and may be subject to unfair debt collection practices by companies they now owe money to. Debt collection agencies may call repeatedly, misrepresent the amount owed, or practice a number of different unfair practices in order to be paid.

When compounded by identity theft problems, the sudden and illegally-created debt caused by criminal activity can wreak havoc in a person’s life. Without the help of an experienced identity theft attorney, a victim may not be able to wipe the unfair debt from his or her record or stop credit bureaus from attempting to collect what he or she does not truly owe.

If you have been the subject of identity theft and are trying to protect yourself from further harm, Southern California identity theft victim lawyer Howard D. Silver can help. To learn more about how Mr. Silver can help you clear your debt caused by identity theft, call (866) 495-366.

While there are many ways in which a used car dealer can commit fraud, a new form of fraud, known as title washing (hiding past damage), is beginning to emerge in cases across the United States.

Title washing can be done in two ways. First, dealers use vehicle documentation laws from other states to hide information such as flood damage and salvaged titles. By hiding this information, dealers can trick consumers into believing the car is in much better shape than it truly is.

The second form of title washing can occur when a dealer fraudulently files paperwork in another state to obtain a duplicate title for the vehicle. The duplicate title does not mention the prior damage to the car and is given to customers instead of the true title.

These forms of fraud can lead to a consumer purchasing a defective vehicle or paying more money than the car is worth. If you have been the victim of these types of practices, the Los Angeles used car dealer fraud attorney, Howard D. Silver, can assist in recovering your money. Contact the Law Offices of Howard D. Silver today for a free consultation about your case at (866) 49-LEMON.

With winter weather comes more precarious situations for cars in California. In fact, many used cars sold both during and after the winter months may be suffering from damage that resulted from exposure to winter’s damaging conditions. Some used car dealers or individual sellers may attempt to sell these types of cars without telling potential buyers about their true condition. When that happens, used car fraud may have taken place.

While Southern California is renowned for its pleasant weather year-round, certain areas are subject to harsh conditions. Unfortunately, these conditions often take their toll on vehicles, including:

• Corrosion – In areas affected by snow, salt is often used to make roadways safer. However, salt on the roads can corrode metal and damage vital parts of the vehicle, such as brakes and axles, which can result in major accidents.
• Floodwater Damage – Overflowing of water from spillways and reservoirs can cause unexpected floods in even the most urban of areas resulting in severe vehicle damage. Cars damaged by floodwater can be superficially repaired to appear as if they have no damage. However, water damage can destroy a car’s electrical and computer systems and cause airbag and antilock brake malfunctions.
• Wind Damage – High winds can quickly pick up and endanger both people and their vehicles with little forewarning. Strong winds can damage vehicles by dropping branches, power lines, light poles, and even entire trees on them. While many damaged cars can be repaired, not all used car owners fix their vehicles properly resulting in serious hidden damage to their cars.

Many people every year are negatively affected by used car dealers that withhold vehicle damage information, leaving buyers with huge costs and debt on what they thought was a good deal. Los Angeles used car fraud attorney Howard D. Silver can help you recover the costs of both buying the vehicle and the repairs that resulted. For more information on how Howard Silver can help you, call (866) 49-LEMON today.

This is part two of a two-part series on buying a motor vehicle for Christmas. Read our previous blog post for tips on buying a new car for Christmas.

For many, buying a loved one a car is the perfect Christmas gift, but new cars are often too costly to buy as a present. For those still looking to buy a car, giving a used model in good condition can be just as good as a new one. However, buying a used car can be tricky and you must be careful about what you are buying. To avoid the many pitfalls of buying a used car for Christmas, follow these tips.

Check for recalls

When you have decided on a specific model or a final few candidates, check to see if they have been subjected to any recalls by the National Highway Traffic Safety Administration (NHTSA). NHTSA keeps track of all vehicle recalls. If the model has been recalled, make sure it has undergone the proper repairs.

Get a vehicle history report

Before buying the car, check the history of the vehicle through a vehicle history report. These reports may show previous damage reported about the car, whether the odometer has been tampered with, if it was used as a rental, or has a salvage title. The reports are not foolproof, but may show if something is wrong with the car.

Look out for odometer fraud

Sometimes used car dealers attempt to fool consumers by decreasing the amount of miles shown on the odometer. Odometer fraud is illegal and can trick a consumer into believing the car they are buying is in better condition than it truly is. If the odometer reading on a car seems too good to be true, check it out.

Read everything that you sign

Make sure to carefully read every document the dealer asks you to sign. If you have questions ask for the answers. Also, make sure that what you’re signing accurately reflects what you have agreed upon verbally with the dealer. After you sign the documents and take the car home, it may be too late to complain.

When a used car dealer uses deceptive and unfair practices, those who have suffered can seek reimbursement for the money they have lost. If you are a victim of these types of practices contact Southern California used car fraud lawyer, Howard D. Silver. For a free consultation call (866) 49-LEMON.

This is part one of a two-part series on buying a motor vehicle for Christmas. Check back in for the next entry on buying a used car.

Christmas time has arrived and people around the country are looking for the perfect gift for that someone special. For many, a new car is the ultimate present for the one they love. However, the gift of a car may also bring trouble. In to make sure that the car you give this season brings joy instead of sorrow, follow these four guidelines to make sure there are no problems with the vehicle you select.

1. Be aware of recalls - Even new cars can be subject to dealer recalls because of a defect with the vehicle. When buying a car, check to see if there have been any recalls issued for the model or the line of cars that it belongs to. If there has, make sure the car has been fixed by the dealer.
2. Watch out for dealer fraud - While many dealers practice ethical sales tactics with consumers, others do not. Car dealer fraud may include hidden fees, price inflation, presenting a used vehicle as a new one, and undervaluing a trade-in. These tactics can cause an unsuspecting car buyer to overpay for a car or purchase one that has been misrepresented by the dealer as being better than it truly is.
3. Check for damage - Even new cars on dealer lots can suffer damage from weather, accidents, and vandalism. Dealers may try to hide damage or only partially repair what has been broken so that it is not readily apparent to consumers. Make sure to thoroughly check a vehicle that you are interested in purchasing and even have it inspected after purchase if you feel you need to.
4. Buy a car that suits your loved one - Most important, buy a vehicle that the person you are giving it to will love. If he or she enjoys sports cars, don’t buy a van. Most people will be overjoyed at receiving a new car for Christmas, but buying them a car that suits their taste, not yours, will make it even better.

A new car can be an amazing gift at Christmas, but if it has problems that the dealer can’t fix, you may have a lemon. If you believe that your vehicle qualifies as a lemon contact Southern California lemon law lawyer Howard D. Silver today at (866) 49-LEMON for a free consultation.

Ford Motor Co., in conjunction with the U.S. National Highway Traffic Safety Administration (NHTSA), has recalled 128,616 vehicles due to a wheel studs fracturing problem, potentially leading to any of the four wheels of the car falling off. The recall includes 2010 and 2011 Ford Fusions and Mercury Milans that have 17 inch steel wheels and were built in April 2009 or December 1, 2009 through November 13, 2010.

Inspection of the vehicles has found that while driving, multiple stud fractures at the wheels can occur. When this happens, drivers may feel the vehicle begin to vibrate and the affected wheel may separate from the car. The loss of a wheel can increase the risk of an accident and lead to immediate loss of control of the car. Ford says the problem may be caused by incorrectly built rear brake discs or wheel mounting pads.

By the end of September 2011, Ford had found six incidents of wheels falling off one of the affected cars because of the problem, according to Reuters. Ford will begin the vehicle recalls around January 24, 2012 and will notify owners accordingly. Consumers can bring their cars to dealers for the repair. Dealers will inspect the rear disc brake and replace if necessary. They will also replace all lug nuts found on all four wheels of the vehicles.

A vehicle defect such as this one can affect the use, value and safety of the car, leaving its owner with a lemon vehicle. When these problems persist and require multiple repair attempts, the owner may be entitled to their money back or a new car. Orange County lemon law attorney Howard D. Silver can help you if you have been affected by a lemon. For a free consultation about your case, call the Law Offices of Howard D. Silver today at (866) 49-LEMON.

Although everyone is familiar with email fraud scams consumers must also keep their guard up for more old fashioned scams sent by regular mail, as reported on by The Washington Post.

The Washington Post detailed the experience of a reader from Washington, D.C. who received an “official looking” letter in the mail. The letter resembled one that a person might receive from a large corporation, with the outer edges perforated for easy opening. On the front it read “time sensitive document inside” and “second attempt at sending.”

Inside, it informed the reader that the factory warranty on her car had expired or could expire soon. In the case of this particular Post reader, however, the letter was highly suspicious as her car is a 1965 Ford that she purchased two years after it was made. She was well aware that the factory warranty ran out more than 40 years prior.

But, if she purchased the car in 2006, the tactic might have been less suspect and more effective, as intended by the group sending it. So, be careful out there! These types of companies have no relationship or affiliation with car makers or dealers, and prey on consumer fear and vulnerability.

If you’ve been the victim of any kind of car fraud, call the car fraud attorney in Los Angeles, Howard D. Silver, at (866) 49-LEMON for a complimentary consultation.

What started as a single incident has quickly become the subject of media attention as General Motors Co.’s (GM) hybrid motor vehicle, the Chevrolet Volt, has come under scrutiny for its safety. On May 12th of this year, a Chevrolet Volt caught fire while parked at a Wisconsin testing center for the National Highway Traffic Safety Administration (NHTSA) three weeks after a crash test. The fire was found to have started because of the battery. Since then many tests have been conducted by NHTSA and GM concerning the safety of the vehicle.

While several tests since the original incident failed to produce the same result, more recent tests of the Volt’s lithium-ion battery have resulted in fires and sparks from the battery pack, according to Automobilemag.com. Recently, GM has announced that it will give Volt owners a free loaner car while the motor vehicle’s battery is being tested and will consider a manufacturer buyback for owners that feel unsafe operating the vehicle.

While the Volt is scrutinized for its battery, an auto part central to its design as a hybrid electric car, questions about other electric vehicles have arisen. Although no dangers have been detected with other hybrid electric cars and NHTSA has not yet determined what caused the Volt’s lithium-ion battery to catch fire, testing on the battery will continue.

Any defective vehicle is a problem for the person who owns it. Any person who owns a vehicle with flaws that affects the use, value or safety of the car may be entitled to a replacement vehicle or their money back if their vehicle is a lemon. If your vehicle’s problem has not been repaired after a reasonable number of attempts, contact Los Angeles lemon law attorney Howard D. Silver today for a free consultation about your case at (866) 495-3666.

The latest auto scam is targeting users of the internet preying on those looking for a good deal and using phishing techniques to steal victims’ money and personal information. The scam is similar to others that run rampant on online classifieds and car sale sites. A vehicle is listed for sale for well under value by a “newly divorced woman” or an “unemployed man” facing financial challenges. What’s the catch? The seller informs the interested buyer that the car has already been delivered to a shipping service and asks for payment via PayPal (to an unverified address) along with personal information in exchange for shipment of the car to the buyer’s driveway. If it sounds like a “phishy” deal, then your scam sense is sharp.

In reality, these scams create a system for fraudulent sellers to prey upon unsuspecting buyers. Once a buyer’s information and payment is submitted, the seller vanishes into the vapors of online anonymity with the buyer’s money and confidential personal information in tow. Of course, the fictitious car never arrives and the buyer is left with a loss of hundreds to thousands of dollars and an increased vulnerability to identity theft. As reported by 9 News and Modmyauto.com, the fraud targets buyers seeking many vehicle types, from pickup trucks to high end sports cars.

If you think you’ve been the victim of car fraud, contact Los Angeles car fraud attorney Howard D. Silver at (866) 49-LEMON for a complimentary case review.

While absent from the recall news over the past few weeks, the Japanese auto titan Toyota Motor Corporation recently re-entered with a large recall for vehicles in the U.S. and abroad for possible control problems. Toyota announced the recall in conjunction with the U.S. National Highway Traffic Safety Administration (NHSTA) for 550,000 total cars, with 440,200 here in the domestic market.

The manufacturing flaw at issue involves the crankshaft pulley on vehicles with V6 engines. This affects 137,000 Lexus models (made under the Toyota umbrella) and 283,200 Toyotas. If not repaired, the outside cylinder on the crankshaft can become dislodged from the inner one, creating noise or triggering a caution light. In addition, the power steering pump’s belt can become disconnected from the pulley, which may result in sudden steering and control problems associated with the driver’s wheel.

The recall includes Toyota Camrys, Highlanders, Siennas, and Solaras from 2004-2005, Avalons from 2004, and the Highlander HVs from 2006. The Lexus cars included in the recall are the ES 330 and RX 330 from 2004-2006, and the RX 400h from 2006 according to the release. Consumers with these models are instructed to contact their dealer for more information and an inspection of potential problems.

As of mid-November 2011, Toyota claimed there have been no reports of crashes or injuries due to this problem. The Japanese carmaker has recalled over 13 million vehicles in the United States since the fall of 2009 and currently faces hundreds of lawsuits regarding manufacturing and safety flaws.

If you think your vehicle is a lemon contact Southern California lemon law lawyer Howard D. Silver at (866) 49-LEMON for a free review of your situation.

Recalls for the end of November 2011 involved a mixed bag of car models, Lotus, General Motors, Nissan, and Ford. The manufacturing flaws that prompted the recalls included lighting system malfunctions, airbag failure, fuel leaks, and power windows, according to the National Highway Traffic Safety Administration (NHTSA).

General Motors recalled 2012 Chevrolet Express and GMC Savana models due to potential duel stage airbag malfunctions. According to NHSTA, the bags do not inflate properly during serious front side impacts and increase the likelihood of injury in a crash. GM recalled 1,798 vans for this issue.

Nissan recalled Infiniti G37 and 370Z models from 2011 and 2012 as a result of power window function issues. An error in programming may result in a safety feature malfunction that can cause pinching injuries if body parts are caught in an automatically closing window. The recall involves 1,788 cars, according to NHSTA.

The smaller two recalls were for luxury sports car Lotus and America’s old standby, Ford. For Lotus, the company is calling back 52 specific models of its 2011 Elise due to a possible issue with turn signals. Lotus said the recalled cars were equipped with insufficient lighting systems that may result in a malfunctioning, erratic flashing of the signals when the hazard lights are engaged. The company also claimed the issue can result in problems with the cars’ outside lights.

For Ford, a problem was identified with leaks in substitute fuel tanks installed in some E Series full sized vans. For 2004 to 2008 model year vans, the tanks have a hole that may not be adequately sealed and could present a fire hazard in the event of a leak. Seventeen vans were part of this recall.

All vehicle recalls, big and small, can pose serious safety and damage ramifications, which must be properly addressed by the manufacturer. If you think your vehicle is a lemon, contact Southern California lemon law lawyer Howard D. Silver at (866) 49-LEMON for a free review of your situation.