You’ve purchased a vehicle and found out that there is a significant
issue with it. A defect that manufacturer should have remedied. Maybe
a dangerous one. You have decided to take legal action—but are now
unsure about where your case fits into the legal landscape. Should you
expect a class action lawsuit? Participate in a recall? File a lemon law claim?
While these three actions may seem similar to the average consumer, they
are actually markedly different and are only appropriate if certain circumstances
exist. Let's take a closer, conceptual look at these three actions
and see when each is called for and what they mean to you, the consumer.
Class actions occur when there is a confirmed, wide-spread issue with a particular model
car. In these cases, usually only a single plaintiff-- or a small group
of them-- are involved with the actual filing and court proceedings, but
they are representative of all consumers who have bought the model in question.
Typically, class actions do not yield large sums of money for any one individual
consumer—in fact, the relief is often minute. However, if an individual's
circumstances also meet lemon law requirements, they can proceed further
with a filing on their own, separate from the class action.
recall is an action issued by the National Highway Traffic Safety Administration.
The NHTS is a watchdog organization that monitors consumer safety in the
auto industry. When the NHTS has confirmed a dangerous defect in a particular
model car, they will issue the recall in order to hold manufacturers responsible
and prompt them to provide repairs for consumers.
There are no refunds or proceeds for consumers associated with recalls,
but the repairs are free. If, however, there are complications or delays
in your efforts to receive your repair, you may have grounds to pursue
a lemon law claim.
Lemon law claims are reserved for individuals who have made efforts to have significant
defects repaired by manufacturers (through authorized dealerships) but
are continually refused service. In these cases, the consumer may be entitled
to a FULL BUYBACK of their car.
These claims can address a single, significant defect, or a number of defects
over an extended time period. It is these claims where the plaintiff can
fully exercise their rights as a consumer and receive full compensation
for the money they spent on an inferior product that the manufacturer
refuses to take responsibility for.
Do you believe that your circumstances call for a lemon law claim? If so,
then contact us at
Norman Taylor & Associates today. Our California lemon law attorneys have been protecting the rights
of consumers more nearly three decades. We wrote the book on California
lemon law and are ready to bring unmatched knowledge and vigilance to
Get back the money you deserve. Contact us at 818.244.3905 today to start
exploring your legal options.