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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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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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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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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When it is determined that a vehicle has a problem, such as lack of engine acceleration or bad brakes, the car owner may be protected by the California lemon law if the problem cannot be repaired after a reasonable number of attempts.

The Los Angeles Times reported that approximately 50,000 early-2003 model Toyota Sequoia SUVs have been recalled due to an issue with electronics and inhibited acceleration. The article addresses drivers having to pay to fix a defect that the automaker may have known about for several years, and in the past repaired for other drivers without charging them.

According to the article, owners were not notified of the electronics problem after Toyota discovered the issue within months of placing the Sequoia SUV into production in 2003 and issued a “technical service bulletin” to its dealers on how to fix it.

The president of Consumers for Auto Reliability and Safety, a consumer advocacy group based in Sacramento that supports stricter California automotive lemon laws, stated that automakers often charge a car owner to fix something in a vehicle that they already know to be defective. In referring to “secret or hidden warranties,” the president of the consumer group noted that violations of California law may be occurring if it is determined that some vehicle owners receive free repairs for the same problem that other vehicle owners are forced to pay for.

If a motorist discovers their vehicle listed on service bulletins on the National Highway Traffic Safety Administration’s online database, he or she can request that their dealer fix the issue for free, even if the car is officially beyond its warranty. While several owners of the now recalled Sequoia SUVs have had their vehicle repaired under warranty, others have waited past their warranty’s expiration or did not experience the infrequent acceleration problem until later.

For more information about seeking a refund or replacement vehicle that you deserve for your lemon car, contact skilled lemon law attorney Howard D. Silver at 866-49-LEMON for a free consultation.

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According to an article in a recent edition of the Los Angeles Times, Toyota has recalled 600,000 Toyota Sierra minivans due to concerns over rusting spare tire holders. The recall covers 1998-2010 Sierra models with two-wheel drive, sold in 21 cold-weather states and the District of Columbia.

Toyota is concerned that road salt used to combat snowy conditions in these states could cause the spare tire holder beneath the vehicle to rust and break, dropping the spare tire onto the road. The loose spare tires pose a driving hazard to other vehicles. Although Toyota says it has not heard of any accidents or injuries, the National Highway Traffic Safety Administration (NHTSA) has received six complaints of spare tires falling off Sienna minivans.

Toyota is working on a way to fix the spare tire carrier problem. Meanwhile, the company is encouraging Sierra minivan owners to bring their vehicles into Toyota dealerships for inspection and repair. Free inspections of the spare tire carrier are available at all Toyota dealerships, including those in states not covered by the recall.

The California lemon law gives consumers the right to a new vehicle or a refund of the purchase price if the vehicle remains broken after a reasonable number of repair attempts. You may have a lemon on your hands if, after spending time, money, and effort on repairs, your vehicle remains broken.

If you suspect you’ve been sold a lemon, please don’t hesitate to contact experienced California lemon vehicle attorney Howard D. Silver at 866-49-LEMON for a free consultation. The Law Offices of Howard D. Silver provides skilled legal counsel to those dealing with lemon vehicles. Contact Howard D. Silver today for more information.

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General Motors, Inc. announced recently that it is recalling about 5,000 GMC Savana and Chevrolet Express passenger vans due to safety concerns. The vans were built in February and March of 2009. GM suspects the vans may contain a faulty alternator, which could cause a fire in the vehicles if it is not fixed. GM has also halted production of the vans until it fixes the alternator problem.

About 1,300 of the affected vans were purchased by rental companies; the rest were purchased by private consumers. Until vans can be returned to GM, the company recommends that consumers park the vans outdoors and away from buildings or other vehicles. Owners of the recalled GM vans should also detach both battery cables if possible.

California's Song-Beverly Consumer Protection Act, also known as California's “lemon law,” protects consumers by giving them the right to a full refund or new vehicle if a reasonable number of repair attempts fail to fix a vehicle’s problem. If you have a vehicle problem that has not been fixed after several attempts, you may have a lemon.

Continue reading "GM Recalls Vans for Suspected Alternator Problem" »

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In a previous blog post, we discussed the recent spate of recalls for about 10 million Toyota and Lexus vehicles due to faulty gas pedals. Many of these vehicles with questionable accelerators are still in the process of being examined and reprogrammed by Toyota-trained mechanics. However, this is not the end of Toyota’s problems. A USA Today article reports that Orange County District Attorney Tony Rackauckas has filed a lawsuit against Toyota under the suspicion that the automaker put profits before consumer safety. The District Attorney argued that Toyota knew that their vehicles had problems that could potentially cause unintended acceleration, yet still decided to sell thousands of these faulty vehicles to trusting car buyers.

The article mentions that the suit accuses Toyota of engaging in deceptive business practices in California and presents the question of whether or not the automaker put monetary gain before safety. This poses several questions as to what legal changes should be made to protect consumers and strengthen auto manufacturer design and production protocol. The lawsuit seeks $2,500 per violation under the Unfair Business Practices Act in addition to other costs not specified at the time of the article’s release.

Unfair or deceptive business practices can take on a variety of forms and can directly relate to fraud or misrepresentation. If a consumer feels they have been deceived, intentionally lied to or misled, he or she may want to contact an attorney with experience handing deceptive business practices. In addition, consumers who have taken their Toyota vehicle in to be fixed time and time again may have rights under the California lemon law. For more information, please call Toyota recall lemon law attorney Howard D. Silver at 866-49-LEMON to schedule a free consultation.

Source article: http://content.usatoday.com/communities/driveon/post/2010/03/county-da-files-deceptive-practices-suit-against-toyota/1

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Vehicle owners in California and throughout the United States are well aware of the models included in the recent series of Toyota car recalls. An LA Times article reports that over 600,000 Toyota vehicles have been repaired and returned to their owners, including a daily rate of over 50,000 accelerator pedals fixes. It has been reported that alleged problems such as accelerator pedals sticking and steering wheel malfunction have affected a growing number of Toyota and Lexus vehicle occupants and owners. In fact, worldwide, 10 million Toyota and Lexus vehicles were recalled to be examined and reprogrammed by Toyota-trained mechanics.

While consumers faced temporarily losing their transportation at Toyota’s expense, the demand for rental vehicles has greatly increased. This has created a separate dilemma for car rental companies who could not distribute Toyota and Lexus models that were listed in the recall. In fact, popular franchise Enterprise Rent-A-Car tallied a record amount of internet reservations for all of its 5,000 neighborhood locations.

Continue reading "Recalled Toyota Vehicle Repairs Increase Rental Demand" »

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Although we would like to believe that our vehicles are ultimately free of imperfections, this is not always the case. According to a detnews.com article, GM has recalled 22,000 Chevrolet Corvettes due to concerns that the vehicle roof may fly off while being operated.

General Motors informed the National Highway Traffic Safety Administration that its 2005-07 model year Corvettes and Corvette Z06 models contain adhesive between the roof panel and frame that may come apart. GM is supposed to install a redesigned roof panel for affected vehicles as well as reimburse motorists who have already had their roofs repaired or replaced.

GM released the following statement: "If there is a partial separation, the driver may notice one or more symptoms, such as a snapping noise when driving over bumps, wind noise, poor roof panel fit, roof panel movement/bounce when a door or hatch is closed, or a water leak.”

Continue reading "22,000 Chevrolet Corvettes Recalled Over Faulty Roof and Frame Design" »

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It was announced on November 15, 2009 that over 13,500 Sprinter vans sold as Dodge and Freightliner vehicles were being recalled. According to an automotive-fleet.com article, the model vans in question include MY 2002-2003 Dodge Sprinter 2500 and Doge Sprinter 3500.

Based on the National Highway Traffic Safety Administration’s report, the intake manifolds in these vehicles may have been destroyed. It is suspected that “under certain conditions”, sulfur in the diesel fuel is capable of creating a chemical reaction, causing sulfuric acid to form in the exhaust channel of the intake manifold. The consequences of the intake manifold decay may contribute to an exhaust gas leak, harm to the fuel return line that could bring about a fuel leak, and heat destruction to the insulation at the front wall.

In addition to Chrysler LLC informing vehicle owners about the recall, van owners may contact Chrysler by calling (800) 853-1403. Auto dealers are supposed to examine and replace the intake manifold at no expense to van owners.

Continue reading "Over 13,500 Sprinter Vans Recalled" »

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Consumers and citizens throughout the U.S. were shocked to hear that 3.8 million vehicles were being recalled by Toyota Motor Corp. due to poorly designed removable floor mats that increased the likelihood of accelerators getting stuck, cars accelerating out of control, and subsequent car accidents. According to a huffingtonpost.com article, this is Toyota’s largest recall to ever take place in the U.S. According to a Toyota spokesman, "A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop a vehicle, which could cause a crash, serious injury or death."

As Toyota works with officials from the National Highway Traffic Safety Administration (NHTSA) to find a solution for the faulty floor mat issue, owners of these vehicles have reportedly already been notified of the recall. Also, until the problem is fixed, consumers have been advised to take the removable floor mat out from the driver’s side of the vehicle and not substitute it with a replacement.

So what triggered this recall in the first place? Sadly, a high-speed collision took place in California in August involving an out-of-control Lexus automobile exceeding speeds of 120 mph due to a stuck accelerator. In addition to this tragic accident, NHTSA stated that 102 other incidents were reported regarding accelerators on Toyota vehicles that also may have become stuck due to the faulty floor mats.

Continue reading "3.8 Million Vehicles Recalled Due to Dangerous Floor Mats" »

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A story published by Reuters recently describes General Motors Corporation’s decision to accept liability for future product defects as one of several concessions the company has made to expedite approval for a quick sale from bankruptcy. GM also said that it would alter the terms of its proposed asset sale to assuage the concerns of over 20 suppliers who objected to specifically the original terms. They also discussed the future of a joint manufacturing plant with Toyota and GM said that it was actively working on a resolution with the other car-manufacturing giant.

General Motors addresses these and several other concerns as part of documents filed in the last week of June 2009 in a New York bankruptcy court. GM has been actively working with Obama administration officials to smooth over many of the problems that arose when the company filed bankruptcy. No fewer than nine state attorney generals had objected to GM’s proposed reorganization because the original terms would have left GM buyers without any protections against product defects under state laws. GM responded by saying that it would continue to honor lemon law claims in California and throughout the nation so that if consumers purchased a defective vehicle, they would be entitled to a replacement vehicle or a refund.

The outcry over the terms of the bankruptcy caused GM and Obama administration officials to rethink the reorganization of the company and reconsider liability for future product liability claims. In a prepared statement that was part of the bankruptcy court filing, GM said, "The purchaser will expressly assume all product liability claims arising from accidents or other ... incidents arising from the operation of GM vehicles subject to the closing."

GM proposed that a new company be created under the reorganization plan to purchase the company’s best and most economically viable assets, and that the sale would be concluded by August 2009.

Continue reading "General Motors Agrees to Accept Future Product Liability in Bankruptcy Concession" »

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A story from the Los Angeles Times reports that Japanese auto manufacturer Toyota will recall over a million vehicles worldwide in a safety recall. In the United States, this recall will likely affect over 130,000 Toyota Yaris compacts for the 2006 and 2007 model years.

The issue which prompted the recall is found in a piece of equipment called a pretensioner. The pretensioner is a small pyrotechnic device that tightens the seat belt in the Yaris when the onboard sensing equipment registers the possibility of a crash. This device generates a very hot exhaust gas when used.

Unfortunately, on the 2006 and 2007 model Yaris, a sound insulation pad on the central pillar is in danger of being ignited by the exhaust gases of the pretensioner. Although no incidents associated with this defect have occurred in the United States, the manufacturer wishes to work fully with the National Highway Traffic Safety Administration to repair the problem.

Continue reading "Toyota Recalls 1.3 Million Cars" »

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On December 17, 2008, Big Three auto manufacturer, General Motors, began the recall of a small number (77) of 2009 Chevy Malibu Hybrids

The recall is based on cars failing to comply with a federal vehicle safety standard for windshield defogging and defrosting. In the affected vehicles, the heating and air conditioning system that keeps the windshield clear may fail to operate. If this happens while the car is on the road, the driver may not be able to see clearly and could crash as a result.

The recall will send the affected Malibu cars to a Chevy dealer, where the computer module that controls the heating and air conditioning system will be reprogrammed.

GM’s recall illustrates the care that auto manufacturers must take to ensure that a vehicle meets safety standards. Lemon laws in California help protect consumers who have unknowingly purchased cars that fail to meet standards of performance or safety.

Continue reading "GM Recalls Malibu Hybrids" »

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The National Highway Traffic Safety Administration (NHTSA) issued a recall for 2007 Mazda automobiles with California emissions systems.

According to the NHTSA recall notice, the protective PVC coating found on the outside of the fuel tank of the 2007 Mazda may have been damaged during the assembly process. The PVC coating acts as a barrier against coercion. If the PVC coating is breached, it may allow rust to weaken the tank causing fuel leaks and increasing the risk of fire.

As part of the recall, Mazda dealers will inspect the protective coating on the bottom of the fuel tank for damage. If damage is discovered, the fuel tank coating will be repaired; or if necessary, the fuel tank itself will be replaced.

Continue reading "7,200 Mazda Cars Recalled: Fuel Leaks, Fire Hazard" »

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Although the total number of vehicles recalled by the auto industry in 2008 declined, the total number of recall campaigns increased, reports David Shepardson at detnews.com.

Automobile manufacturers recalled 10.2 million vehicles during 2008—a decrease of almost 30 percent. Yet the total number of recall campaigns increased by over 9 percent, from 588 to 642.

This seemingly contrary situation has been created by a number of factors. According to the National Highway Traffic Safety Administration (NHTSA), improvements to the system which monitors vehicle defects deserve a portion of the credit. By gathering a more complete picture about the reliability and safety of cars, the NHTSA is better able to recommend corrective actions to manufacturers and dictate corrective action as necessary.

Continue reading "Fewer Vehicles Recalled by Manufacturers in 2008" »

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NHTSA Alert: More Than 5 Million Cars and Trucks Still on the Road with Dangerous Cruise Control Switch Defects

According to a National Highway Transportation and Safety Administration release dated February 28th, 2008, owners of Mercury, Lincoln, and Ford vehicles are potentially at risk for faulty cruise control switches. The survey numbers suggest that the number of defective vehicles may approach 10 million. Although half of these vehicles have already been recalled/fixed as of this writing, as many as 5 million defective vehicles may be out there on the road.

These autos/trucks may be at a significantly heightened risk for fire danger. Fires can start regardless of whether the cruise control system is in use, or even whether the key is in the ignition. Indeed, some blazes have started "spontaneously" while vehicles were parked and turned off.

Affected makes and models include: the Ford Grand Victoria (1992-1998 models), the Lincoln Blackwood (2002-2003 models), the Lincoln Navigator (1998-2002 models), and the Ford Excursion Super Duty F-250 to F-550 models from 2003. If you own a Bronco, Ford Ranger, Ford Taurus, Mercury Mountaineer, Mercury Grand Marquis, or Ford F-53 Motorhome, contact your dealership or NHTSA for more information regarding whether or not you may be at risk.

If you or a family member has been injured due to faulty cruise control switch or other maintenance issue, you may be entitled to compensation under the law. To make your best case, you need a legal representative to who has talent, experience, and strategic vision. Contact the law offices of Howard D. Silver today at 1-866-495-3666 to learn more about your options from an experienced California lemon law attorney. Our time-tested attorneys will provide a free, no-obligation consultation. We're happy to provide references and testimonials upon request.

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BMW has recalled about 150,000 vehicles to fix a possible auto part defect that may prevent the front passenger airbag from deploying during an auto accident. According to a Reuters news report, this voluntary recall involves the front passenger airbag seat sensor mat in some of the 2004 to 2006 model year vehicles. The National Highway Transportation Safety Administration (NHTSA), following an investigation said that there were 200,000 of these BMWs with defective airbags in North America. In response, the German auto maker says 50,000 of these vehicles already received new sensor mats, which work the way they’re supposed to.

BMW models that will be affected by this recall include the 2006 3-Series, 2004-06 5-Series and 2004-06 X3 vehicles. Expect the recall letters to arrive in your mailbox starting in late September. They say car owners affected by this recall may continue to drive their vehicles unless the airbag warning lamp and passenger airbag “on-off” lamp illuminate at the same time.

Vehicle manufacturing defects do happen. Sometimes, manufacturers issue recalls and offer to fix the problem for free. If you believe you own a defective vehicle or a lemon that you’ve tried to fix, call the Law Offices of Howard D. Silver to find out how you can get rid of your California lemon auto and obtain a refund or a replacement vehicle in its place.

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