Lemon Law Blog by 1-800-MY-LEMON - Pennsylvania & New Jersey Lemon Law Help

Wisconsin Court Orders Mercedes-Benz to Pay Large Fines Due to Lemon Law Statutes

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Tue, 09 Mar 2010 21:55:00 +0000

A judge has ordered Mercedes-Benz USA LLC to pay $482,000 in damages and legal fees to a Wisconsin customer who was sold a defective car and not given a refund on time. The conflict had been ongoing for four years and remains one of the largest cases involving a single car under a state lemon law.

Car owner Marco Marquez, a 37-year-old businessman from Waukesha, purchased the E 320 for $56,000 from a Milwaukee dealership in 2005. Almost immediately, the car often would not start, and despite replacing the battery, the problem continued. After several repair attempts, the dealership said the problem could not be fixed.

Mercedes-Benz spokeswoman Donna Boland said the company, a unit of the German car maker Daimler AG, is disappointed the judge overturned an earlier verdict in favor of the company. On Friday, the company’s lawyer asked the court to put the judgment on hold pending an appeal.

Marquez hired a lawyer who sent the company a refund demand in October 2005. The company agreed to the refund, but failed to provide one within 30 days. On the 31st day, Marquez’s lemon lawyer filed the lawsuit on behalf of Marquez seeking double damages and attorneys' fees.

Mercedes-Benz acknowledged the car was defective, but accused Marquez of acting in bad faith.The company says an employee asked Marquez for information about his auto loan on the 30th day so the refund could be granted, but Marquez failed to follow through. Marquez’s lawyer claims Mercedes-Benz had the information it needed for the refund but was stalling.

A judge ruled in Marquez's favor in 2007, awarding $202,000 in damages and legal fees. But an appeals court in 2008 overturned that decision and ordered additional proceedings, saying a jury should decide whether Marquez intentionally prevented the company from giving the refund on time.

A jury sided with the company last year, agreeing Marquez acted in bad faith. But in a rare move, Waukesha County Circuit Judge Michael Bohren overturned the verdict, saying it was not backed up by evidence. He ruled in Marquez's favor, citing a clear "lack of urgency" by Mercedes-Benz to refund his money.

In the meantime, Marquez has continued to drive the vehicle in question, which now has 56,000 miles. He said it was back in the shop for repairs twice last year but has been drivable.

If you find yourself in a similar situation with a lemon car, call us for more information about your Pennsylvania Lemon Law and New Jersey Lemon Law rights at 1-800-MY-LEMON (1-800-695-3666).

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. Find more information at www.mylemon.com or call 1-800-MyLemon.

Source: The Associated Press

Avoid Buying A Lemon Car & Know Your Lemon Law Rights

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Wed, 03 Mar 2010 15:48:00 +0000

Calling all cautious consumers - some proactive methods practiced while seeking and before purchasing a car can save buyers the hassle of finding out they own lemon cars after the fact.

Research manufacturers and dealer websites to find the specifications and models of desired cars. Check consumer safety and protection agencies, like the Center for Auto Safety (CAS). Fortunately, all motor vehicles used for primarily personal use are covered under the Pennsylvania and New Jersey Lemon Law.
After selecting a model and make, search for the right dealer with a good profile. This is a vital step in avoiding buying a lemon car.
If buying a used car, don’t purchase it without a thorough check by the mechanic first. It may be worth spending money on the car before buying it to avoid a much greater amount on fixing it up after it is purchased.
Check the financing terms being offered by the dealer and compare them with other financing companies.
When buying a used car, always make sure that the vehicle is covered by a road worthiness certificate or a warranty.

Knowing your lemon rights can significantly help you track the information needed if you do purchase a lemon car. MyLemon.com's lemon law attorneys recommend that all vehicle owners:

Maintain a Complete Vehicle Record - Documenting your various attempts at fixing a particular defect is extremely important for your lemon law case. Never leave the dealer or manufacturer without a detailed statement of what was done to the vehicle, as well as any charges that may have been included.
Inquire about TSBs - When an automobile manufacturer discovers a defect or repair for a certain model of automobile, they send instructions to alert dealerships using what is known as TSBs. Make sure that the dealer representative who you are dealing with writes down your TSB request on the repair order.
Be Assertive - If you are having problems getting the problem properly fixed, ask to speak with the manager or a higher up to address your problem and concerns.
Be Wary of Certain Statements - The dealership may have something to gain by accusing the driver or owner of the vehicle of being responsible for the defect. This is often done because the dealership is unable to fix the problem.

If you think you have purchased a lemon car, check the New Jersey or Pennsylvania lemon law, and consult a lemon law attorney for your next steps.

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. Find more information at www.mylemon.com or call 1-800-MyLemon.

Toyota Sudden Acceleration - Lemon Law Rights

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 01 Mar 2010 18:42:00 +0000

1-800-MY-LEMON, The Lemon Law Lawyers, have received many phone calls from Toyota owners requesting lemon law information about the sudden acceleration problem and recalls of the floor mats as well as gas pedal.

Toyota first acknowledged that there was a problem with its vehicles in September of 2009 when it warned its customers to remove the floor mats from certain models. They claimed that the floor mats may have been trapping the accelerator in the depressed position. Finally acknowledging that there was a defect in its vehicles, Toyota recalled 3.8 million vehicles in October of 2009 and millions more in November of 2009. On January 21, 2010, Toyota announced a recall of another 2.3 million vehicles, this time claiming that the vehicles had a potentially defective accelerator. Days later, Toyota stopped the production and sales for several models with gas pedal problems.

The following Toyota vehicles are affected by the most recent accelerator pedal recall:

• 2009-2010 RAV4;
• 2009-2010 Corolla;
• 2009-2010 Matrix;
• 2005-2010 Avalon;
• 2007-2010 Camry;
• 2010 Highlander;
• 2007-2010 Tundra;
• 2008-2010 Sequoia,

Clearly, there is an overlap with the recall of the vehicles with floor mat problems recognized in the fall of 2009 and that of the accelerator defect in 2010. It is unknown whether Toyota’s recall for the floor mat problem was in fact a result of faulty analysis; that the real problem was the defective accelerator. In any event, Toyota has been aware of sudden acceleration problems with their vehicles for years. If you are driving a Toyota and have experienced acceleration problems, please call us for more information about your Pennsylvania Lemon Law and New Jersey Lemon Law rights at 1-800-MY-LEMON
(1-800-695-3666).

Emergency Vehicles Added Under the New Jersey Lemon Law

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 22 Feb 2010 14:00:00 +0000

February 19, 2010 – A new bill passed to cover emergency vehicles under the New Jersey lemon law protection, including ambulances, fire trucks, police cars and other vehicles. The changes outline conditions for company reimbursement or replacements of emergency vehicles.

It all started when Doug Fenichel, APR, a volunteer emergency medical technician with Flanders (NJ) Fire Company and Rescue Squad, found himself treating a cardiac patient in the back of an ambulance that had broken down.

After a closer look, he discovered that the ambulance had a number of engine problems, and the vehicle had been to Ford dealers multiple times for the same engine problem.

Fenichel notified the 24th District legislators, and a bill was unanimously passed in December 2009.

The stipulations include:

Manufacturers of new vehicles are required to correct defects that are originally covered under the manufacturer’s warranty.
It applies to new vehicles that develop repeated defects or unusable periods during either the first two years or 18,000 miles.
A new vehicle is considered a lemon if it has one or more defects that continue to exist after three attempts at repairs, or after the vehicle has been out of service for a total of 20 cumulative calendar days.

“It is a significant matter of public safety to include emergency vehicles under lemon law protection,” says lemon law attorney David Gorberg. “Taxpayers should benefit greatly from the expansion of the current lemon law, while emergency vehicle manufacturers should be held accountable for their product.”

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.

As Toyota Announces Fix to Comply with Lemon Laws, LaHood Advises “Stop Driving”

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Fri, 19 Feb 2010 15:00:00 +0000

Transportation Secretary Ray LaHood tells Toyota owners to bring their cars to a dealer.

Online PR News – 11-February-2010 – Cherry Hill, NJ - Transportation Secretary Ray LaHood said in Congressional testimony last week that owners of recalled vehicles should 'stop driving it, take it to a Toyota dealer because they believe they have a fix for it.' LaHood later retracted his statement and rephrased the recommendation to Toyota owners to bring their cars to their dealership for assistance. By that time, Toyota stock had fallen 5%.

After recalling 2.30 million vehicles, Toyota announced Monday that they are shipping parts to dealers and beginning training to repair sticky accelerator pedals, which may lead to uncontrolled acceleration events in compliance with lemon laws. The proposed solution reinforces the pedal assembly to reduce friction that Toyota says may cause the pedal to stick.

Owners of recalled vehicles can expect notifications explaining how to contact dealers for servicing. Toyota promises customers that dealers will be open extended hours to handle the repairs. Toyota and Pontiac vehicles included in the recall are 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra, 2008-2010 Sequoia, 2009-2010 Vibe. Camry, RAV 4, Corolla and Highlander vehicles with VINs that begin with 'J' are not affected.

Owners who have concerns about their vehicle or its repair should keep documentation of repair orders, dealer conversations and any technical service bulletins. It is important to keep records of repair work including dates and times of all dealer or technician conversations. Owners who are unable to drive their cars should document the dates and times the vehicle was out of service.

Anyone who has experienced injury or 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. Lemon laws exist to help resolve disputes between customers and manufacturers in the repair of defects in new motor vehicles.

“Anyone who has experienced injury or loss of use of a vehicle due to a sticking accelerator pedal 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 allows for time out of service claims. An experienced lemon law attorney can help you with the laws in your state.”

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

Toyota Announces Plan to Address Recalled Accelerator Pedals in Compliance with Lemon Law

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Thu, 18 Feb 2010 16:26:00 +0000

After major recall events, Toyota promises customers a fix for accelerator pedal safety issues.

Online PR News – 03-February-2010 – Pittsburg, PA — Toyota announces they will begin fixing accelerator pedal safety issues this week after the voluntary recall of 2.3 million vehicles. The proposed solution reinforces the pedal assembly to reduce friction that Toyota says may cause the pedal to stick. Toyota has indicated that they will ship parts to dealers and begin dealer training immediately.

“We have developed a comprehensive plan to fix the sticking pedal situation in recalled Toyota vehicles,” said Jim Lentz, President of Toyota Motor Sales, USA. “We know what’s causing the sticking accelerator pedals…We also know it is most important to fix this problem in the cars on the road.”

Toyota promises customers that dealers will be open extended hours to handle the repairs. Owners of recalled vehicles can expect notifications explaining how to contact dealers for servicing. Toyota and Pontiac vehicles included in the recall are 2009-2010 RAV4, 2009-2010 Corolla, 2009-2010 Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra, 2008-2010 Sequoia, 2009-2010 Vibe. Camry, RAV 4, Corolla and Highlander vehicles with VINs that begin with 'J' are not affected.

Owners who have concerns about their vehicle or its repair should keep documentation of repair orders, dealer conversations and any technical service bulletins. It is important to keep records of repair work including dates and times of all dealer or technician conversations and the time the vehicle was out of service.

The National Highway Safety Administration advises owners to pay attention how their accelerator pedals are working. If the accelerator becomes harder to depress or slower to return than normal, it may be a precursor to a safety issue. The NTSA says, “These vehicles should be parked and a dealer immediately notified. Should a pedal become stuck in a partially depressed condition while driving, owners should put their car in neutral, bring it to a stop and call their dealer.”

Owners who have experienced injury or 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. Lemon laws exist to help resolve disputes between customers and manufacturers in the repair of defects in new motor vehicles.

“Every owner of one of the Toyota vehicles covered by the recall should make an appointment to get their accelerator pedal reinforced as soon as possible. Anyone who has experienced injury or loss of use of a vehicle due to a sticking accelerator pedal safety defect should contact a qualified attorney who is experienced handling lemon law cases to determine if additional remedies are available,” recommends lemon law attorney David Gorberg. “Lemon laws vary greatly. New Jersey Lemon Law stipulates that just a single incident involving driving safety can qualify a consumer for compensation, while other state laws, like Pennsylvania’s lemon law, may allow a dealer up to 3 attempts before a consumer is entitled to additional compensation.”

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. Find more information at www.mylemon.com or call 1-800-MyLemon.

1-800-MY-LEMON's Top 10 Recalls of All Time Cited In Toyota Lemon Law Story

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Wed, 10 Feb 2010 16:15:00 +0000

A few years ago, 1-800-MY-LEMON, The Lemon Law Attorneys, informed the public about The Top 10 Largest Automotive Recalls of All Time. We are proud to announce that our Top 10 recall list was recently cited by John DeCostanza in his news story, titled, "Toyota's Recall Not The Biggest and Will Not Be The Last". A big thank you from our lemon law firm to Mr. DeCostanza for including us in his very important, and timely news story about Toyota's sudden acceleration recall.

Technical Service Bulletins Not Paid for Under Lemon Law

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Fri, 29 Jan 2010 14:45:00 +0000

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.”

Toyota Issues 2nd Major Recall in Compliance with Lemon Law

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 25 Jan 2010 00:07:00 +0000

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.”

New National System to Satisfy 17 Year Old Vehicle Lemon Law

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 11 Jan 2010 20:35:00 +0000

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.

Toyota Details Plan to Comply with Lemon Law Requirements to Fix Acceleration Defect

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 04 Jan 2010 18:14:00 +0000

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.

Toyota Has Yet to Formalize Buy Back Plan Under the Lemon Law

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Thu, 31 Dec 2009 16:39:00 +0000

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 Improves Lemon Law Consumer Notification

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Tue, 29 Dec 2009 00:31:00 +0000

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."

Can Toyota Recall Stave Off Future Lemon Law Claims?

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Fri, 27 Nov 2009 13:00:00 +0000

Toyota has taken proactive measures to address safety concerns with a poor combination of floor mats and pedal position causing problems with braking and acceleration. The voluntary recall has been issued by the manufacturer across many models, including the Prius, Camry, Avalon, Tacoma, and Tundra. Reports of sudden acceleration possibly resulting from complications of floor mat jamming have prompted Toyota to issue its most widespread recall ever. A Tennessee family filed a $10 million lawsuit against Toyota from the death of Dustin Ricardo after his 2007 Toyota Camry crashed into a tree from sudden unexpected acceleration. Toyota has issued a floor mat advisory describing the issue.

The Department of Transportation's National Highway Traffic Safety Administration (NHTSA) has the authority to force recalls of safety-related defects, but in this case, Toyota has taken the initiative to issue the recalls voluntarily. Differences between Toyota's and NHTSA perspective on the cause of the defect remain in dispute. Lemon law requires manufacturers to offer a replacement vehicle or refund for defects that significantly impair use, value, or safety of a vehicle. Lemon law claims are constrained by mileage and time limits that differ from state to state. New Jersey's lemon law allows cars to be classified as lemons after a single failure of a critical safety function such as steering or braking. Pennsylvania's lemon law requires three repair attempts.

Toyota dealers are still waiting for the complete list of vehicles and VIN numbers affected by the recall and are expecting this information within the next week. Toyota is responsible for notifying dealerships and owners of eligible vehicles and footing the bill for repairs. Owners who have had defects repaired already may qualify for reimbursement.

Toyota needs to address these safety concerns as swiftly and comprehensively as possible. These types of safety defects warrant compensation under the lemon law, and it's in the best interest of Toyota's ongoing relationship with their customers to address these issues head on. Any owners of vehicles on Toyota's recall list should schedule repairs at their earliest convenience.

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.

Lemon laws can vary greatly from state to state. Anyone affected by a vehicle safety defect should contact a qualified attorney who is experienced handling lemon law cases within the same state that the owner resides in. Safety issues with any vehicle need to be taken seriously. Many lemon law firms offer free lemon law case evaluations and get paid directly from the manufacturer so there is no cost to the vehicle owner.

Car Dealership Faces License Review from Lemon Law and Overstocking Complaints

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Wed, 25 Nov 2009 19:03:00 +0000

A car dealership is facing license review due to multiple complaints of poor business practices, including selling vehicles with dangerous mechanical problems and exceeding the number of vehicles allowed on the lot at one time.

Repeated investigations of Griffin Powers' dealership in Bellingham, MA reported that the dealership was keeping more cars in inventory than its 44-car limit. The owner attributed to the higher number of people selling their vehicles for cash. Powers did have the inventory within his license guidelines during a September 2009 inspection.

Of greater concern though, have been multiple complaints related to serious mechanical problems. One customer who bought a used BMW complained that the front left wheel came off the car on the Interstate only 2 days after purchase. The dealership did not follow through with a reimbursement for repairs and after the car broke down again, the customer gave up on putting more time and money into the vehicle.

Normally business license renewals are straightforward and without issue. But when Powers met with the board in charge of license renewals, the number of complaints exceeded other businesses according to board Chairwoman Dawn Davies. While some of the complaints were addressed at the meeting, the board exercised their option to postpone their decision on the license renewal until December. Several receipts were presented for buy backs for customers requesting to return their vehicle under the lemon law, but many other complaints were lacking proof of resolution.

Under most state lemon laws, car dealerships are required to make it clear when a vehicle has been purchased as a buy back, or lemon. An audit in Massachusetts recently revealed a high percentage of dealerships who failed to put notices on vehicles that were buy backs. A recent Wisconsin dealership was forced to pay $93,000 to compensate consumers who had bought buyback vehicles without being forewarned. Some states have increased consumer protection, allow a vehicle to be deemed a lemon after only a single incident involving a life-threatening failure of a steering or braking system. New Jersey Lemon Law is one example of improvements in consumer protection.

Many states are realizing that protecting their consumers is especially important in this economy, when consumers have less to spend and are putting more at risk for large, important purchases. Besides a house, a vehicle can be the most expensive purchase most people make. You have to know you're protected when things go wrong. If you are worried about the safety of a vehicle you recently purchased, don't wait; contact an experienced lemon law attorney in your state.

Oklahoma Joins New Jersey in Better Lemon Law Protection for Consumers

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Fri, 13 Nov 2009 18:21:00 +0000

Starting this month, Oklahoma consumers will have better, clearer options if they find themselves owning a lemon under Senate Bill 812. The new law can be credited to the efforts of Angie Vera, who discovered the complexities and frustrations of the Oklahoma Lemon Law first hand.

The new lemon law specifies a formula that must be used in the calculation of “reasonable usage” fees that are charges that car manufactures can charge the consumer when trying to return a lemon. Prior to the new changes, these fees were arbitrarily left to the manufacturer's decision.

Like in Massachusetts, Oklahoma cars returned under the lemon law must be specifically labeled as a “Lemon Law Buyback” before the vehicle can be resold, leased, or transferred. Furthermore, the manufacturer must offer the new purchaser of any lemon the same warranty as the original purchaser had, with a 12,000 mile or 12 month limit (whichever comes first). Or, the manufacturer can provide the consumer with a statement explaining why the car was returned. Finally, the new lemon law takes a strong position on any vehicle returned for braking or steering system failures by prohibiting the resale of any vehicle returned for these issues.

These changes echo lemon law improvements in other states. Last month, New Jersey lemon law changes expanded protection for consumers who encounter problems with their new vehicle from 18,000 miles to 24,000 miles. Under the old law, a consumer had to suffer through 3 repair attempts. Now, any unresolved defect that could cause serious injury or death qualifies a car as a lemon after a single attempt.

"Oklahoma has taken important steps to protect the safety and financial stability of their consumers. Manufactures need to get on board with ensuring the safety of their customers if they want to earn their trust and get repeat business", said leading lemon law attorney David J. Gorberg. "Oklahoma and New Jersey have set great examples of improving lemon law protection and awareness of lemon law rights. We have a lot to thank Angie Vera and other consumers who continue to raise awareness about lemon law protection – especially where safety is concerned."

Many states fall behind Oklahoma and New Jersey. Pennsylvania lemon law only protects consumers up to 12,000 miles or one year and requires 3 repair attempts before the consumer is entitled to a new car or full refund. These repairs must be performed by an authorized dealer, otherwise the consumer is not protected under the lemon law.

“Lemon laws vary greatly from state to state,” warns Gorberg. “Always contact a qualified lemon law attorney who knows the laws in in your state and how to help you get the best settlement.”

Lemon Law Protection and Awareness Improving in NJ and MA

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Fri, 13 Nov 2009 18:13:00 +0000

Some states are tackling lemon law protection for their residents head on. While federal law dictates some standard measures of consumer protection for vehicle buyers, such as an odometer disclosure and a window sticker indicating if a car is being sold as is or with a warranty, each state has very different policies for protecting consumers under the lemon law.

Massachusetts Lemon Laws require the placement of a bright yellow sticker in the window to notify consumers of their lemon law rights. Last week, a recent study by the Office of Consumer Affairs and Business Regulation of over 1900 new and used cars for sale at dealerships found many cars missing the required lemon law notification sticker in the window. Of the new cars for sale, 25% were missing the sticker. For used cars, nearly 1/2 were missing the sticker. Only 8 car dealerships of the 73 reviewed were in full compliance of the state lemon law.
“It's very encouraging to see some states improving protection for consumers with defective vehicles and bringing awareness to dealerships that they need to comply with the lemon laws in their states if they want the trust of their customers”

An improved New Jersey lemon law signed last month expands the protection for consumers who encounter problems with their new vehicle from 18,000 miles to 24,000 miles. Under the old law, a consumer had to wait until the manufacturers made 3 repair attempts. Now, any unresolved defect that could cause serious injury or death can qualify a car as a lemon after only 1 repair attempt.

"It's very encouraging to see some states improving protection for consumers with defective vehicles and bringing awareness to dealerships that they need to comply with the lemon laws in their states if they want the trust of their customers", said leading lemon law attorney David J. Gorberg. "We'd like to see other states following the example of New Jersey and Massachusetts by stepping up lemon law protection and awareness of lemon law rights."

Some states have a longer way to go. Pennsylvania lemon law ranks lower in lemon law protection than many states, with protection only up to 12,000 miles or one year. Pennsylvania requires 3 repair attempts before the consumer is entitled to a new car or full refund. These repairs must be performed by an authorized dealer, otherwise the consumer is not covered.

In states with active state agencies and consumer groups, dealerships are coming to realize that their compliance with state lemon laws could earn or lose the trust of their customers. This direct translation to the bottom line is good news for the driver looking for reliability and a good response when things go wrong.

David J. Gorberg & Associates, The Lemon Law Attorneys, has arbitrated, settled and litigated thousands of lemon law claims to date, throughout New Jersey and Pennsylvania, recovering millions of dollars for it's clients.

Pennsylvania Lemon Law - 10 Facts Car Owners Should Know

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 02 Nov 2009 01:37:00 +0000

In order to better understand the Pennsylvania Lemon Law we have listed the most important facts which every Pennsylvania new car owner should know.

1. The Pennsylvania Lemon Law applies to all new vehicles purchased in the state, or originally registered in the state. The Pennsylvania Lemon law does not apply to used cars.

2. Only cars used for personal use are covered under the The Pennsylvania Lemon Law. Cars which are primarily used for business or commercial use are not covered under the Pennsylvania Lemon Law.

3. Motorcycles, trailers, campers, and ATV's are not covered under the Pennsylvania Lemon Law.

4. The Pennsylvania lemon law provides the manufacturer 3 repair attempts to correct a defect or condition that substantially impairs the use value or safety of the car.
If the manufacturer fails to correct a defect in 3 repair attempts, then the consumer is entitled to a new car or full refund.

5. The owner of a lemon new car must bring the defective car into the dealer for repair at least one time within the first year of purchase or 12,000 miles whichever comes first.

6. Under Pennsylvania Lemon Law, you must bring your car for repair to an authorized dealer. Vehicles, which are repaired at non authorized dealers are not covered by the Pennsylvania Lemon Law.

7. The Pennsylvania Lemon Law permits the consumer to hold the manufacturer responsible for towing charges.

8. Pennsylvania Lemon Law does not apply to defects resulting from abuse or the misuse of the vehicle.

9. The Pennsylvania Lemon Law does not allow a manufacturer or dealer to sell a vehicle that was repurchased as a lemon unless the dealer obtains a signed written acknowledgement from the buyer.

10. The Pennsylvania Lemon Law mandates that all attorney fees shall be paid by the manufacturer if the consumer prevails on his or her lemon law claim.

Changes to New Jersey Lemon Law - New and Improved!

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Fri, 02 Oct 2009 17:39:00 +0000

As reported in PolitikerNJ.com, Gov. Jon S. Corzine has signed into law a new and improved New Jersey Lemon Law. Thanks to Assemblywoman Mila M. Jasey, the changes to the New Jersey Lemon Law enhance consumer protections and provides greater rights to owners of cars throughout New Jersey.

Under the old New Jersey Lemon Law, owners of defective cars in New Jersey were only covered if their vehicle was found to have non repairable defects, which could not repaired after 3 repair attempts within the first 18,000 miles or two years of operation, whichever comes first.

The changes to the lemon law now expand the coverage to 24,000 miles, instead of 18,000. In addition to the expansion of the mileage, the law also creates a distinction between the types of manufacturer’s defects covered under the Lemon Law.

Consumers who purchase a vehicle with a serious defect – one that is likely to cause death or serious bodily injury if the vehicle is driven – are now able to declare the vehicle a lemon if the problem cannot be corrected after a single repair attempt.

All other types of flaws, continue to constitute a lemon only after three or more failed repair attempts

1-800-MY-LEMON, David J. Gorberg & Associates, Pennsylvania and New Jersey's premier lemon law firm, congratulate the state of New Jersey and, Assemblywoman Mila M. Jasey, for Protecting Consumers Rights with the changes to the New Jersey lemon law.

Top 5 Reasons to Choose 1-800-MY-LEMON Attorneys For Your Lemon Law Case

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Wed, 16 Sep 2009 16:10:00 +0000

1. Free Lemon Law Help

Our lemon law representation is completely free to you. There is no cost to you and we recover our fees from the manufacturer.

2. Lemon Law Experience.

Our lemon law team, consisting of attorneys, paralegals, and automotive experts all have years of experience in handling lemon law cases. We have represented thousands of clients throughout Pennsylvania and New Jersey, recovering millions of dollars in settlements, and have become the leading lemon law firm to call for free legal help in Pennsylvania and New Jersey.

3. Quick and Efficient Lemon Law Settlements.

Because of our years of experience we are able to settle many cases within a short time period, such as 30-60 days.

4. Personalized Lemon Law Serviced.

Our firm prides itself on the outstanding personalized service. You are not just a number, but a valued client. We always make sure our clients are informed about the status of their lemon law cases and calls are always answered and returned.

5. The Top 100 Attorneys In Philadelphia and Pennsylvania.

Select our firm because our founder, David J. Gorberg, is considered one of the best lemon law lawyers in the country. In addition, Mr. Gorberg was only lemon law attorney to be included in the Top 100 attorneys list as published by Philadelphia Magazine.

New Lemon Law Cases at 1-800-MY-LEMON, Fall in for September!

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 14 Sep 2009 17:12:00 +0000

Summer is over, fall is almost here, and our phones at 1-800-MY-LEMON are ringing off the hook with new lemon law clients. We have set a record for new lemon law cases signed up for the first 2 weeks of September.

Our TV and Radio lemon law ads are running in many Pennsylvania cities and so far the feedback has been fantastic.

If you are experiencing car problems we can help you get money back.

1. You call 1-800-MY-LEMON or visit us a MyLemon.com
2. We evaluate your lemon law case and provide cost free representation
3. We submit your case to the manufacturer, and get you a cash settlement.

Top 10 Signs Your New Car is a Lemon

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Mon, 14 Sep 2009 13:00:00 +0000

It's monday morning, so we thought we would start out the week with some lemon law humor. Our lemon law firm compiled a humorous list of the "Top 10 Signs Your Car Is a Lemon".

1. 1-800-MY-LEMON, the lemon law attorneys, written on dashboard.
2. Manufactured in Zchkynk, Crzyktjkystan.
3. Oil spills on your driveway prompt a visit from Greenpeace.
4. The rear-view mirror says, “Objects in Mirror Are Better Than This Piece of Junk.”
5. Turn on the wipers and two guys climb out of the trunk with squeegees
6. Traffic Watch warns other drivers what highway you’re taking.
7. The hood ornament? An ostrich with its head in the sand.
8. "Jaws of Life" in trunk.
9. Your tinted windows are also known as Hefty Garbage Bags.
10. When you approach hitchhikers, they put their thumbs down.

Top 2 Pennsylvania Lemon Law misconceptions by 1-800-MY-LEMON

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Sat, 12 Sep 2009 01:08:00 +0000

Top 2 misconceptions of the Pennsylvania Lemon Law

1) Misconception number 1: All cars are covered under the Pennsylvania Lemon Law

- Wrong! The Pennsylvania Lemon Law only applies to NEW vehicles. Used vehicles, regardless of the mileage are not covered under the PA Lemon Law. Used cars are covered under the federal warranty act, also known as the magnuson-moss act, which permits damages against the warrantor for failure to repair a defect.

2) Misconception number 2: Leased cars are not covered under the Pennsylvania Lemon Law.

- Wrong! The Pennsylvania Lemon Law specifically includes both purchased and leased cars. The PA Lemon Law was changed in 2002 to include leased cars.

Chrysler Seeks To Clarify PA Lemon Law and NJ Lemon Law Claims and Suits

noreply@blogger.com (David Gorberg - Lemon Law Attorney) — Thu, 02 Jul 2009 13:33:00 +0000

As reported in BankruptcyLaw360, the former Chrysler LLC has asked the bankruptcy court to approve a process to ease the implementation of the lemon law provision in Italian carmaker Fiat SpA's $2 billion agreement to purchase the company.

The sale agreement, consummated June 10, allows for the sale of Chrysler's principal assets to Fiat, creating a new company called Chrysler Group LLC, referred to in the bankruptcy proceeding as “New Chrysler.”

Under the deal, new Chrysler would also assume certain liabilities of the old company, and pay the old company $2 billion in cash.

Before the sale was approved, several state attorneys general and consumer groups pushed for the rights of consumers under state lemon laws be adequately protected under the deal.

To resolve these concerns, New Chrysler agreed to assume many of the lemon law obligations, including Pennsylvania lemon law and New Jersey lemon law claims, and a lemon law provision was inserted into the sale order.

Under that provision, New Chrysler took on many of the lemon law obligations, but did not assume certain forms of relief or liabilities, like punitive, exemplary or consequential damages or claims for personal injury. New Chrysler also did not take on liabilities for vehicles that were manufactured more than five years before the sale's closing.

In addition, the provision did not detail exactly how New Chrysler is to assume the lemon law liabilities, particularly the pending lemon law actions against the debtors. Upon entering bankruptcy protecting, Chrysler was a defendant in some 1,350 lemon law actions in various states.

In the motion filed Tuesday, Chrysler requests that the court approve a clear process to allow pending and future lemon law claims against old Chrysler to be switched to New Chrysler, allowing the remaining debtor and the bankruptcy court to be freed of involvement from the cases.

“The debtors have been contacted by numerous lemon law claimants, including the lemon law firm David J. Gorberg & Associates, seeking to determine how to assert the assumed lemon law liabilities. The debtors have also received inquiries from various states seeking clarification regarding the best means to proceed in administering lemon law actions,” the motion said.

“Without a clear process to address these issues, the debtors anticipate that certain lemon law claimants may seek to proceed with their claims and lawsuits in a manner that violates the automatic stay or violates the limitations of the lemon law provision. Likewise the debtors expect that the may be faced with numerous motions to modify the automatic stay to permit the pursuit of the assumed lemon law liabilities,” the motion said.

Old Chrysler is asking the bankruptcy court to allow a plaintiff to switch its lemon law case to New Chrysler in one of three ways.

The first method would involve filing the appropriate papers in the lemon law case to indicate that New Chrysler is being substituted for a defendant, and stating that only the assumed liabilities are being pursued against New Chrysler.

The second method involves dismissing the lemon law action and filing a new action solely against New Chrysler.

The third allows for any similar arrangement deemed acceptable by both the debtors and New Chrysler, as long as no claims are pursued against the debtors and no excluded liabilities are pursued against New Chrysler.

Any lemon law plaintiff who follows those procedures will not be deemed in violation of the automatic stay, the debtors proposed.

Responses to the request are due July 10; a hearing will be held July 16.

*The above information was reported in BankruptcyLaw360.