Technical Service Bulletins are recommendations issued by vehicle manufacturers to the mechanics who work on them. They indicate the common causes of problems that might be reported for certain vehicles. It's easy for consumers to become confused between Technical Service Bulletins (TSBs) and Recalls, as both involve written communication about vehicle repair issues, but recalls are specific to vehicle problems associated with safety, as determined by the National Highway Traffic Safety Administration. Vehicle recalls are repaired at no cost to the vehicle owner under lemon law statutes, while owners are usually required to pay for repairs that are described by a Technical Service Bulletin unless its covered under warranty.

The National Highway Traffic Safety Administration (NHTSA) posts information about service bulletins, safety recalls, and defect investigations on their website, www.nhtsa.gov, including a way to search for bulletins or recalls by make and model. The site also reports crash and rollover ratings, child car seat rating and recalls, current legislation under consideration, and studies related to vehicle and driver safety.

“It's good for consumers to develop awareness about the service issues relating to their specific vehicles, and to be proactive in learning about safety recalls for their make and model,” says Pennsylvania Lemon Law attorney David Gorberg. “Awareness and prevention on the part of the consumer can mean the difference between identifying a potentially disruptive or even dangerous issue with your vehicle before it becomes a problem and finding out after an accident or loss of vehicle use.”

In a second, major recall event, Toyota announced its voluntary safety recall to address sticking accelerator pedals. This recall affects over 2 million vehicles of the following models: 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra, and 2008-2010 Sequoia. Owners of these vehicles can expect notifications explaining how to contact their dealer for recall servicing.

The issue of sticking accelerator pedals has been under investigation and a matter of concern since reports of sticking accelerator pedals have been linked to high-speed crashes and fatalities.

'In recent months, Toyota has investigated isolated reports of sticking accelerator pedal mechanisms in certain vehicles without the presence of floor mats,” said TMS Group Vice President Irv Miller. “Our investigation indicates that there is a possibility that certain accelerator pedal mechanisms may, in rare instances, mechanically stick in a partially depressed position or return slowly to the idle position. Consistent with our commitment to the safety of our cars and our customers, we have initiated this voluntary recall action.'

Toyota reports that the rare condition is attributed to worn pedal mechanisms that can cause the pedal to be slow to return to its normal position or even stuck in a partially depressed position.

Toyota advises owners who experience problems with a sticking accelerator pedal to apply firm, steady pressure without any pumping of the brakes and to park in the nearest safe location, turn the engine off, and contact a Toyota dealer for assistance. The investigation into unintended acceleration is ongoing to identify any other common causes that might be associated with the issue.

Owners who have experienced injury or the loss of use of their vehicle from a sticking accelerator pedal should contact a lemon law professional in their state to see what remedies are available.

“Anyone who has experienced injury or loss of vehicle use due to a sticking accelerator pedal vehicles safety defect should contact a qualified attorney who is experienced handling lemon law cases.” recommends lemon law attorney David Gorberg. “Lemon laws can vary greatly from state to state. New Jersey lemon law stipulates that just a single incident can qualify a vehicle as a lemon when it involves a potential serious safety issue. Other state laws, like Pennsylvania lemon law, may allow a dealer up to 3 attempts to repair the problem before a vehicle is designated a lemon.”

As the New Year was ringing in a new decade, a new federal system to track vehicle titles for stolen and badly damaged vehicles finally emerged – 17 years after the initial lemon laws calling for its implementation were passed. Use of the new National Motor Vehicle Title Information System, http://www.nmvtis.gov, allows all states, junkyards, and insurance companies to identify stolen vehicles and those damaged severely enough to be considered an insurance write off. Many consumers believe that any vehicle considered “totaled” in an accident is simply scraped for parts. The reality is that of the 2.5 million vehicles written off each year, nearly 1.5 million are repaired and put back on the road, according to the data from a 2001 Department of Justice study.

The national system may prevent the transfer of damaged vehicles to new states to wipe out a salvaged title, since registration in a new state wipes the title history clean. An estimated $4 billion to $11 billion is lost from such fraud annually. The required use of the new national system would make it much easier for potential buyers to trace a vehicle's full history.

Most states, including New Jersey and Philadelphia, are participating in the program. Four states, Illinois, Kansas, Mississippi, Oregon, and the District of Columbia are not yet committed to participation, pointing to private services such as CarFax that satisfy this need. The president of Consumers for Auto Reliability and Safety maintain that the new system includes more information than the private services. For example, vehicles written off by insurance companies are not always marked as 'salvage'. The National Motor Vehicle Title Information System tracks all vehicles that are written off for damage, not just those with 'salvage' on the title.

“The new national system of tracking damaged vehicles across state lines is critical for informing consumers and protecting their safety and investment,” says lemon law attorney David Gorberg. “In addition to the recent improvements in New Jersey lemon law, and the existing Pennsylvania lemon law, participation by these states in the National Motor Vehicle Title Information System protects consumers from unknowingly purchasing a badly damaged vehicle.”

The Lemon Law Attorneys at David J. Gorberg & Associates have arbitrated, settled and litigated thousands of lemon law claims throughout New Jersey and Pennsylvania, recovering millions of dollars for their clients. More information at www.mylemon.com or by calling 1-800-MyLemon.

Pittsburgh, PA – 04 January 2010
Toyota has announced the list of vehicles involved in its largest recall ever recall for a safety defect causing unexpected acceleration attributed to floor mat jamming. The recall affects the 2007 to 2010 MY (model year) Camry, 2005 to 2010 MY Avalon, 2004 to 2009 MY Prius, 2005 to 2010 MY Tacoma, 2007 to 2010 MY Tundra, 2007 to 2010 MY ES350, 2006 to 2010 MY IS250, and 2006 to 2010 MY IS 350.

In their announcement, Toyota describes the proposed remedies as follows:
1. The shape of the accelerator pedal will be reconfigured to address the risk of floor mat entrapment, even when an older-design all-weather floor mat or other inappropriate floor mat is improperly attached, or is placed on top of another floor mat. For the ES350, Camry, and Avalon models involved, the shape of the floor surface underneath will also be reconfigured to increase the space between the accelerator pedal and the floor.

2. Vehicles with any genuine Toyota or Lexus accessory all-weather floor mat will be provided with newly-designed replacement driver- and front passenger-side all-weather floor mats.

An additional change includes the installation of a braking system that will cut power to the engine and override the acceleration if the accelerator and brake are pressed simultaneously in the Camry, Avalon and Lexus ES 350, IS350, and IS 250.

As required by the consumer lemon laws, Toyota will remedy the problem and begin sending out safety notifications and recall instructions to vehicle owners and dealerships. The first of these mailings commenced on October 30. Dealerships will receive the required training and be ready to modify existing brake pedals in early 2010. As new pedals are manufactured with a modified shape, owners will have the option of getting new pedals installed in their vehicles. The braking override will become standard equipment throughout all Toyota product lines starting in January 2010.

“Toyota needs to take swift action to address these serious safety defects,” says lemon law attorney David Gorberg. “Everyone is put at risk with any delay in taking the appropriate steps to remedy problems relating to the steering or braking of a vehicle.”

Owners with questions about the recall are asked to visit www.toyota.com or www.lexus.com or contact the Toyota Customer Experience Center at 1-800-331-4331 or Lexus Customer Assistance at 1-800-255-3987.

“Vehicle owners are entitled to have these issues fixed by the manufacturer under the lemon law. Toyota is wise to do so in the interest of customer safety and loyalty. Any owners of the vehicles on Toyota's recall list should schedule repairs at their earliest convenience to prevent any potential injuries, ” recommends Gorberg.

For owners of vehicles who have already suffered an accident or a loss of use of their vehicle due to a safety defect, recourse may be available under state lemon law guidelines.

The Lemon Law Attorneys at David J. Gorberg & Associates have arbitrated, settled and litigated thousands of lemon law claims throughout New Jersey and Pennsylvania, recovering millions of dollars for their clients. More information at www.mylemon.com or by calling 1-800-MyLemon.

An article written by the Los Angeles Times insinuating that Toyota delayed recalls and deflected blame to human error has elicited some heated debate and an official response from Toyota. The LA Times investigation puts the death toll from unexpected, sudden acceleration of Toyota vehicles at 19 since 2001. While Toyota has issued its biggest recall to address the problem, it maintains publicly that proof of a defect is yet to be validated.

In response the suggestion the Toyota has withheld important safety information from consumers, the company released a statement asserting that 'communications with consumers about safety recalls are strictly regulated and
Toyota adheres to these regulations. Toyota has absolutely not minimized public
awareness of any defect or issue with respect to its vehicles.'

The Los Angeles Times investigation reported that some Toyota consumers have had their vehicles bought back under lemon law for unintended or sudden acceleration. But Toyota indicates that is has no buy back policy.

'Toyota has no policy to buy back vehicles under the Lemon Law or any other
buyback program for customers complaining of unintended or sudden
acceleration. The customers to whom you refer may have interacted with Toyota dealers who on their own have always been able to deal with dissatisfied customers to preserve goodwill.'

Despite the conflicting stories on consumer buy backs, the definitive cause and scope of acceleration issues, and the final outcome of the widespread recall, Toyota has settled several lawsuits related to sudden acceleration. Beyond the acknowledgement that 'Toyota at times has resolved and will continue
to resolve matters with litigants through confidential settlement when it is in both
parties’ interests to do so', there is no official comment by the company as to any specifics of the agreements.

“Anyone who owns a Toyota or any other vehicle who has suffered injury or loss of the use of their vehicle from an acceleration event should check with an experienced lemon law attorney in their state to see what remedies are available,” suggests David Gorberg, New Jersey and Pennsylvania lemon law attorney and founding partner of a lemon law firm. “The lemon laws are very different in every state, and these state guidelines determine the eligibility for compensation for each consumer.”

Some states have increased consumer lemon law protections. New Jersey's Lemon Law, revised in October 2009, now allows a vehicle to be decalred a lemon after a single potentially harmful event. In New Jersey, car dealers are only granted ' one attempt to correct the defect if the defect is one that is likely to
cause death or serious bodily injury if the vehicle is driven'.

While Toyota has taken some steps in terms of consumer notification and recalling vehicles, it is clear that the company has a distance to go to ease consumer concerns about the harmful potential of defects related to unexpected acceleration.

The Lemon Law Attorneys at David J. Gorberg & Associates have arbitrated, settled and litigated thousands of lemon law claims throughout New Jersey and Pennsylvania, recovering millions of dollars for their clients. More information at www.mylemon.com or by calling 1-800-MyLemon.

New Jersey took significant steps to improve consumer protection and the remedies available to consumers unfortunate enough to end up buying a lemon. With the new requirements, a copy of the revised New Jersey lemon law must be provided to consumer in bolded font at least 10 points or larger at the time a vehicle is purchased or leased.

The revised notification must state:
IMPORTANT: IF THIS VEHICLE HAS A DEFECT THAT SUBSTANTIALLY
IMPAIRS ITS USE, VALUE OR SAFETY, OR THAT IS LIKELY TO CAUSE DEATH OR SERIOUS BODILY INJURY IF DRIVEN, AND WAS PURCHASED, LEASED OR REGISTERED IN NEW JERSEY, YOU MAY BE ENTITLED UNDER NEW JERSEY’S LEMON LAW TO A REFUND OF THE PURCHASE PRICE OR YOUR LEASE PAYMENTS.

Here is a summary of your rights:

1. To qualify for relief under the New Jersey Lemon Law, you must give the manufacturer or its dealer the opportunity to repair or correct the defect in the vehicle within the Lemon Law’s term of protection, which is the first 24,000 miles of operation or two years after the vehicle’s original date of delivery, whichever is earlier.

2. If the manufacturer or its dealer is unable to repair or correct a defect within a reasonable time, you may be entitled to return the vehicle and receive a full refund, minus a reasonable allowance for vehicle use.

3. It is presumed that the manufacturer or its dealer is unable to repair or correct the defect if substantially the same defect continues to exist after the manufacturer has received written notice of the defect by certified mail, return receipt requested, and has had a final opportunity to correct the defect or condition within 10 calendar days after receipt of the notice. This notice must be received by the manufacturer within the term of protection and may be given only after (i) the manufacturer or its dealer has had two or more attempts to correct the defect; (ii), the manufacturer or its dealer has had at least one attempt to correct the defect if the defect is one that is likely to cause death or serious bodily injury if the vehicle is driven; or (iii) the vehicle has been out of service for repair for a cumulative total of 20 or more calendar days, or in the case of a motorhome, 45 or more days.

4. If substantially the same defect continues to exist after the manufacturer has had the final opportunity to repair or correct the defect, you may file an application for relief under New Jersey’s Lemon Law.

FOR COMPLETE INFORMATION REGARDING YOUR RIGHTS AND REMEDIES
UNDER THE RELEVANT LAW, INCLUDING THE MANUFACTURER’S ADDRESS
TO GIVE NOTICE OF THE DEFECT, CONTACT THE NEW JERSEY DEPARTMENT
OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, LEMON
LAW UNIT, AT POST OFFICE BOX 45026, NEWARK, NEW JERSEY 07101, TEL. NO. (973) 504-6226.

In addition to outlining the notification of lemon law rights at the time of sale, the new lemon law in New Jersey increases the time frame within which consumers are eligible for compensation from 1 year to 2 years and the maximum mileage also extends from 12,000 to 24,000. This means that a New Jersey car owner can qualify for remedies within 2 years of purchase if their car has not exceeded 24,000 miles.

"We applaud the state of New Jersey for taking action to protect its consumers" says New Jersey Lemon Law attorney David Gorberg. "For most people, a vehicle is the most expensive asset outside of a home. People rely on their car for the safety of their family, and getting to work reliably. We need to make sure our residents are protected when things go wrong with the car they have invested in."