Archive for June, 2008

David J.Gorberg of 1-800-MY-LEMON, Featured on Action News – Silent Recalls

6ABC consumer reporter Nydia Han ran a story on “Silent Recalls”. In her report, Ms. Hahn interviewed lemon law attorney David J. Gorberg. Mr. Gorberg provided advise on how to obtain information about “Silent Recalls”. To read more about the story click here.

The Top 10 Most Complained About Cars

Every year thousands of American car owners file vehicle complaints with the National Highway Traffic Safety Administration or NHTSA. While each individual complaint may seem relatively small, the aggregate totals and rankings tell a lot about the quality of a car.

Below are the top ten most complained about cars per the NHTSA records. To get an accurate picture of which cars have the most trouble all of the vehicle rankings are by an index scoring system that takes both sales and the length of time that the car had been on the road into account.


#10 – Volkswagen Passat – Complaint Score: 7,503
The Passat’s complaint record includes multiple mentions of throttle lag when pressing the accelerator pedal in addition to a number of other more isolated complaints.


#9 – Volkswagen Rabbit – Complaint Score: 7,555
The Rabbit has experienced a number of brake related complaints ranging from pads wearing out quickly to loud grinding noises while breaking. There also were a few complaints of early failures in the fuel systems.


#8 – Jeep Wrangler – Complaint Score: 8,082
The Jeep Wrangler is the first of many cars on the list with multiple reports of highway speed stalling issues. The Wrangler also had a number of drivers that mentioned an occasional uncontrollable shimmy that requires the car to be stopped before the shimmy stops.


#7 – Mitsubishi Outlander – Complaint Score: 10,899
Yet another vehicle on the list with reports of sudden stalling while driving. There were also a few mentions on the dashboard lighting being nearly unreadable during the daytime.


#6 – Jeep Commander – Complaint Score: 11,877
The Commander has had multiple complaints about its windshield quality (small chips quickly become large cracks). There was also one report of a Commander that stalled while on the highway and would not restart until placed in Park.


#5 – Toyota Camry – Complaint Score: 13,381
As one of the most popular vehicles in the US it takes a number of complaints to get the Camry on the list. Complaints varied widely but included multiple mentions of the vehicle hesitating on acceleration and also a few complaints regarding the Camry accelerating on its own.


#4 – Hyundai Entourage – Complaint Score: 13,643
The Entourage had complaints of the clutch failing just 240 miles into use, airbags not deploying in a 35mph accident and strong front end vibrations at highway speeds. The Entourage also had one of the more absurd complaints filed against it when an owner said that the shifter was too shiny and made seeing while driving difficult.


#3 – Lexus ES – Complaint Score: 14,567
The Lexus ES350 has had a frightening amount of reports of the vehicle accelerating on its own and the driver needing to take extreme actions in order to bring the vehicle to a stop. Additionally, there have been a few mentions of the air bag off indicator light remaining on with a passenger in the seat.


#2 – Dodge Nitro – Complaint Score: 24,624
Complaints filed ranged from as simple as the dome light turning on while driving to as extreme as claims of the transmission malfunctioning and the car bursting backwards into someone’s house. There also was more than one mention of a loss of power (no power steering or power brakes) while driving on a highway.


#1 – Toyota FJ Cruiser- Complaint Score: 28,955
While topping the list, the FJ Cruiser’s complaints are, thankfully, mostly cosmetic. There have been multiple complaints regarding cracking and bulging of the front fenders in addition to reports of the paint chipping after just one year of use.

If you have a vehicle that is giving you similar problem be sure to file a complaint of your own with the NHTSA.


Thanks to the efforts of the Center for Auto Safety & Jack Gillis, author of the 2008 Ultimate Car Book, we can provide you with the top 10 car complaints on file with the National Highway for Traffic Safety Administration (NHTSA). Images courtesy of: 1 2 3 4 5 6 7 8 9 10

What If My Car Does Not Fall Under The Lemon Law

Each year 1-800-MY LEMON receives many calls from owners of cars who do not qualify for relief under the Pennsylvania lemon law or New Jersey lemon law. Fortunately these consumers are able to pursue a claim for damages under the Federal Warranty Act.

The Federal Warranty Act, passed by Congress in 1975, and also known as the Magnuson-Moss Warranty Act, requires manufacturers of consumer products to provide consumers with detailed information about warranty coverage, such as whether the warranty is a “limited” or “full” warranty. More importantly, it is a law that protects buyers of defective products, which were sold with a warranty.

Under the Magnuson-Moss Act, consumers are given the right to bring a claim against auto manufacturers and/or dealers that manufacture or sell defective products, such as lemon cars and motorcycles. The act permits the consumer to obtain damages, in the form of a refund, for the failure of the manufacturer to repair the defect within a reasonable number of repairs. In addition to monetary damages, the Act permits the prevailing consumer to recover all attorney fees and costs.

The attorney fee shifting provision of this law places financial pressure on the manufacturer to settle consumer disputes, since it may be responsible for paying both it’s own lawyer’s fees, as well as the consumer lawyer’s attorney fees.

So if you discover that your defective car is not covered under the lemon law, do not be concerned, you may be able to obtain a refund under the Federal Warranty Act.

For more information about your Federal Warranty Rights give us a call at
1-800-MY-LEMON, or visit the FTC website.

Recall Alert: VW’s New 2009 Tiguan, 2008 Passat Wagons


As reported by David Thomas at Cars.com, Kick Tires, VW has issued a Recall Alert for it’s New 2009 Tiguan SUV and it’s 2008 Passat Wagons. Apparently the recall is for a defective Engine Control Module, which could cause an engine surge when the A/C is on. Owners are urged to bring their vehicles into the dealership in order to immediately correct the problems. David Thomas notes, that there is also a hold on Tiguan and Passat sales until all the modules are inspected.

VW has issued several recalls, for other 2008 vehicles, in the past year which includes the following:

1. VW GTI, Jetta, R32, and Rabbit – Headlights can’t be adjusted, and could cause reduced road visibility, thus increasing the risk of a crash (340,000 vehicles potentially affected)

2. New Beetle – The wrong glue was used to attach roof spoilers, meaning they could come loose or fall off the car and create an obstacle to other vehicles or hit a person outside of the car

3. Touareg – A faulty fuel supply line could lead to a gas leak, which could cause a fire.

If you are having problems with these vehicles, give us a call at 1-800-MY LEMON. We have helped many VW consumers obtain lemon law relief for various problems.

Motorcycles And The Lemon Law


Each year 1-800-MY-LEMON represents thousands of consumers for defective cars. In addition to defective cars we also represent owners of defective motorcycles.

The New Jersey lemon law act covers owners of defective motorcycles and allows new jersey residents of defective bikes to obtain a full refund or new bike.

Unfortunately the Pennsylvania lemon law does not include motorcycles, however we are still able to seek a refund of the bike under the federal warranty act. If you are experiencing a problem with a new or used motorcycle we can help you get a new bike or refund.

Lemon Law Attorney, David J. Gorberg, Named A Pennsylvania Super Consumer Lawyer For A Fifth Year In a Row.


Congratulation to David J. Gorberg, for being named a Pennsylvania Super Consumer Lawyer for a 5th year in a row! The award was published in the June 2008 edition of Philadelphia Magazine and Law and Politics Magazine.

“I take pride in my work as a lemon law attorney and appreciate the acknowledgment from my peers to be included in this list among Pennsylvania elite”, says Mr. Gorberg.

In November of 2007, Law & Politics Magazine mailed more then 34,000 ballots to attorneys across Pennsylvania requesting each lawyer to vote for the most effective attorneys they had personally observed in action. Each nominated lawyer was given a score based on the number of votes. The top point getters were then reviewed by a panel of experts to determine the final outcome for the Super Lawyer award. The final list of Pennsylvania Super Lawyers is made up of less then five percent of all Pennsylvania lawyers.

In addition to the 2008 Super Lawyer award, Mr. Gorberg was honored in 2004, 2005, and 2007 as one of the Top 100 Lawyers in both Philadelphia and Pennsylvania by Philadelphia Magazine and Law & Politics Magazine, as well as being selected by The Law Office Computing Magazine as having one of the best law firm websites in the nation.

Philadelphia Used Car Lemon Law Bill Passes


The Philadelphia Daily News reports that City Councilman Darrell Clarke yesterday won passage of legislation he wrote to close a loophole in the state’s Lemon Law for car sales.

The state law covers new cars but does little to protect buyers of used cars, Clarke said.

The legislation, if signed into law by Mayor Nutter, would require used-car dealers to fix any “undisclosed major structural defect” within 10 days of a complaint from a buyer or refund the cost of the car.

At 1-800-MY-LEMON, we receive numerous calls from consumers who have purchased defective used cars. Unfortunately we are not always able to provide assistance under the current Pennsylvania lemon law. With the addition of the new Philadelphia Used Car Lemon Law, consumers of defective used cars will now have the ability to seek a refund. Thank you Philadelphia City Council and Councilman Darrell Clarke for helping consumers and giving them greater rights.

photo credit

Jeep Commander Stalling Issues


Early last month Chrysler expanded their recall of the Jeep Commander for transmission problems that can result in the vehicle suddenly stalling, even while travelling at highway speeds. The National Highway Traffic Safety Administration identified the problem as a software issue that “could cause a crash without warning.” While Chrysler’s recall covers a number of Commanders from model year 2006-2008 there have been reports that Jeep dealers haven’t been able to fix the problem.

Additionally, according to a ConsumerAffairs.com article the problem may not be limited solely to the Commander as one of their readers reported an identical problem but in a 1997 Jeep Laredo.

If you are experiencing similar stalling problems with a Commander or other Jeep vehicle and have not been able to get the issue resolved by the dealership then it may be time to take advantage of your state’s lemon law.

Photo by: shawnzlea