The Florida Used Car Lemon Law – A Consumer Protection Law

Purchasing a car is one of the most expensive propositions most of us make after a house. According to the National Institute for Consumer Education, the average price of a new car is about $18,000. Some people can afford this price and many of look else where for less expensive alternatives, a used vehicle. They cost us a lower base price, Insurance generally costs less, they depreciate less than new cars do and it is easier to negotiate. Even a used, as the years pass is becoming increasingly complex on par with the technology growth in the auto industry. Used or new, we are at a loss with so many systems and processes to comprehend in a car. While the models of the cars available in the market are increasing manifolds it puts us all in a state that we come to heavily rely on the advice and mercy of a car salesman. That is why we need the intervention of lemon laws, in case we are taken out on a long ride over a lemon car.

If you are living in the state of Florida and have bought yourself a car in the state of Florida, there are laws that protect you with your investment.

The Florida lemon law

In addition to any dealer or manufacturer warranty, Florida's Motor Vehicle Warranty Enforcement Act, also known as the Florida lemon law, provides new automobile buyer's protection from obviously defective new automobiles.

The Florida lemon law states that:

• If after three repairs for the same problem a dealer is unable to fix your Florida lemon car, you have to notify the manufacturer
• You must report the problem with the Florida lemon to the dealer within the first 18 months of your ownership or 24,000 miles, whichever occurs first

Under the Florida lemon law, when you buy or lease a new motor vehicle, you must receive a Florida lemon law booklet explaining your rights.

Does the Florida lemon law cover used cars?

The Florida lemon used cars are NOT protected by the Florida lemon law, which is why:

• It is extremely important that you should thoroughly inspect a Florida used car before purchasing it
• The warranties expressly provided by a dealer with a Florida used car are very important documents which entitle you to your Florida lemon law rights
• The manufacturer's active warranty is a very important document as it entitles you to your Florida lemon law rights as a Florida used car owner
• As a Florida used car buyer, you should closely inspect the tires, suspension, engine, drive train, steering, brakes, and the interior of the Florida used car
• As a Florida used car buyer you should take a mechanic to inspect the Florida used car you intend to buy

Why the number of miles on a Florida used car is important?

Since the Florida used cars are "used", the number of miles on them is important.

• Under the Florida lemon law, vehicles with lower mileage on the odometer are more valuable than those with higher mileage on the odometer
• Under the Florida lemon law, a vehicle's odometer cannot be altered, disconnected, or tampered with
• Under the Florida lemon law, if the odometer reading appears odd, check the odometer statement available with the current owner
• Check with the title number or Vehicle Identification Number (VIN) to get a complete history of the vehicle since its manufacture, at the Florida Department of Highway Safety and Motor Vehicles
• Under the Florida lemon law, unless the notice of vehicle's previous use is included with the title, the resale of taxicabs, police vehicles, for-hire vehicles or rebuilt vehicles is prohibited

Problems associated with car repairs rank number one in consumer complaint

Problems associated with repairing a car rank the highest in consumer complaints, according to the Office of Florida Attorney General.

According to the Florida lemon law:

• All repair shops in Florida must register with the State of Florida
• For repairs that cost more than $50, the repair shop must provide the consumer with a written estimate
• The shop must also contact the consumer before exceeding the estimate by $10 or 10%, whichever is greater
• After any repair work is completed, the repair shop must provide a legible copy of the repair invoice showing the work done
• After any repair work is completed, the repair shop must provide a legible copy of the itemized description of parts and labor charges along with the warranty, if any

The Florida lemon law – Used Car or New Car Repossession by Creditors

Since You can buy a new vehicle or a Florida used vehicle on credit, you should remember that:

• Creditors retain significant rights over the vehicle if you do not honor the loan agreement
• If you default on your loan, the creditor has a right to seize the vehicle, at his own discretion without prior notice
• After repossession, the creditor may keep the vehicle in lieu for the unpaid debt or resell it
• Either ways, you must be informed by the creditor
• You have the right to demand that the vehicle be sold
• Any money received from the sale beyond the amount of the debt be returned to you
• If the vehicle is to be sold at a public auction you must be notified of it, in advance
• When the vehicle is sold, the sale must be conducted in a commercially reasonable manner
• When the vehicle is sold, the price must approximate the vehicle's fair market value
• The creditor may reinstate the your credit
• He can even allow you to buy the vehicle back

How An Automobile Manufacturer Can Sabotage Your California Lemon Law Claim Through Repair Orders

Under the California lemon law a manufacturer is required to repurchase or replace a vehicle if:

• It has a defect or condition that was reported to the manufacturer or dealer
• The defect or condition continues to exist even after a reasonable number of repairs
• It is still under the manufacturer’s warranty

A vehicle is presumed to be subject to a reasonable number of repair attempts if:

• The same nonconformity that is likely to cause death or serious bodily injury has been subject to repair two or more times
• The same nonconformity has been subject to repairs, four or more times
• The vehicle has been out of service for a cumulative 30 calendar days
• The repair attempts have been made within 18 months from delivery or 18,000 miles, whichever occurs first

Under the California lemon law, if a manufacturer fails to fix the same problem/s in a vehicle after a reasonable number of repair attempts, he must concede the choice of the consumer by either replacing the vehicle or by refunding it.

When Taking Your Car in for Warranty Service, keep an eye open for the Content of the Repair Order that goes into their computer. The Automobile manufacturer has a strategy to hoodwink you and the California lemon law presumptions by manipulating your complaint on a nonconformity.

Let us see how he does it:

The Automobile manufacturer can ruin the chances of your California lemon law claim by making changes in the language on the repair orders. If your vehicle has started showing transmission problems and you choose to bring it in immediately, say for hard shifting. The dealer’s service writer puts it down religiously on the repair order in his computer. This computer actually has a “flag system” that works whenever you bring your vehicle in for warranty service for the same problem. On your second visit for the same hard shifting issue, your vehicle gets “flagged” on this computer to alert the dealer's technician and service writer about the potential lemon law claim in the offing.

The service writer learns that he is dealing with a dangerous vehicle that may any time after this visit drag the Automobile manufacturer to the court for a California lemon law claim. As a result, either on the same visit of yours or on the next he would choose not to record your complaint for hard shifting. He might choose to write something different. The dealer’s service writer might choose a 'gas pedal sticking' or 'an engine over-rev' for the problem on your second visit, the one after that and the one after that.

Sick with this recalcitrant problem you may choose to file your California lemon law claim after five or six repair attempts for 'hard shifting'. When it is time to submit your service order copies which you have treasured for so long, you will discover that it has only one or two repair orders that mention 'hard shifting' and the rest are of some remote problems you never dreamt of. This whole episode can turn the tables in favor of your car manufacturer. The car manufacturer would argue that he never had enough repair attempts for the nonconformity, pulling a wet rag on your California lemon law claim.

How are you going to protect yourself against this kind of manipulation?

Ensure that YOUR description of the problem appears on the repair order by following the steps:

• Write out your complaints before you go to the dealership. Type your own description of the problems on a computer
• Copy and present it to the service writer
• Insist on their attaching your written complaints to the repair order

This should entirely remove the opportunity for the service writer to write his own version of the repair order. Keep copies of all the repair orders you placed in the hands of the service writer.

Disclaimer: This information is not intended as legal advice. Please direct your specific questions to K&M attorneys and know more about your lemon law rights. If you want to pursue your lemon law claim, call 1-800 US LEMON® (800-875-3666) toll free, to reach Krohn & Moss for your FREE initial consultation. Or submit your information online for your free case evaluation.

How can a California Consumer Get a Legal Remedy Against an Auto Related Fraud?

In a recent complaint survey conducted by various government agencies like the Consumer Federation of America (CFA), the National Association of Consumer Agency Administrators (NACAA), and the North American Consumer Protection Investigators (NACPI), auto-related issues were named as the top complaints by consumers and consumer protection agencies for the second year in a row. Auto-related complaints include misrepresentations in advertising or sales of new and used cars, lemon buy backs and used cars with faulty repairs. Auto-related complaints also include misrepresentations regarding the leasing and towing disputes of the used cars.

Following are some of the Statutes your California lemon law attorney can make use of to protect your California consumer rights:

The California Consumers Legal Remedies Act (CLRA)

California Code of Civil Procedure §§ 1750 - 1784
California Code of Civil Procedure § 1750 prohibits vagueness, unfair business practices, and deception by unlawful methods of competition. It also prohibits unfair or deceptive acts or practices in a sale or lease of goods or services to any consumer.

California Code of Civil Procedure § 1770

The CLRA claim is especially attractive to auto fraud victims. Here, the California Code of Civil Procedure § 1780 allows consumers who have suffered damage as a result of a practice declared unlawful by § 1770 to obtain a punitive damages, court costs and attorney fees and any other relief the court deems proper.

California's Unfair and Deceptive Acts and Practices (UDAP)

One of the effective tools a California used car consumer can employ to protect his investment is California's Unfair and Deceptive Acts and Practices (UDAP), sometimes called 'little FTC Acts'. Every state has enacted some form of UDAP law, so does the State of California. The State of California statute prohibits 23 specific practices, other unfair methods of competition and unfair or deceptive practices. Deceptive trade practices are aimed at misleading or enticing people into purchasing a product or service. False advertising and odometer tampering are the most common deceptive practices in automotive sales. The essence of UDAP activity has been California’s Unfair Competition Law (UCL) is § 17200.

The UCL prohibits and carries many remedies for:

• Unlawful, unfair or fraudulent business act or practice

• Unfair, deceptive, untrue or misleading advertising

Now almost all California's UDAP statutes provide that a consumer can sue for damages and can collect his California lemon law attorney's fees from the losing party. In a number of states the court is empowered to award double or triple damages and sometimes punitive damages if he wins the case.

California's Uniform Deceptive Trade Practices Act (UDTPA)

Deceptive trade practices are common which can equally affect individuals or businesses in almost all the states. Many states have adopted the standardized Uniform Deceptive Trade Practices Act (UDTPA). California's Uniform Deceptive Trade Practices Act includes and covers all the prohibitions and issues addressed in the state of California law.

California's Uniform Deceptive Trade Practices Act:

• Prohibits making deceptive representations in connection with commercial goods

• Covers odometer tampering

• Addresses all forms of deception in the marketing or advertising of goods and services

Krohn & Moss, Consumer Law Center is a leading California law firm specializing in auto fraud. The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to provide legal representation to consumers with defective vehicles and products. If you suspect that you have been the victim of a California auto fraud, you can get rid of your problem car by pursuing your California lemon law claim. Submit the case details for a Free* Case Review under the California lemon laws.

Helping Consumers, Helping Debt Collectors

In 1977, the Consumer Affairs Subcommittee added a new title to the Consumer Credit Protection Act entitled the Fair Debt Collection Practices Act. The purpose of this bill was to protect consumers from a host of unfair, harassing, and deceptive debt collection practices. However, this purpose was to be accomplished without imposing unnecessary restrictions on ethical debt collectors. As such, this bill was not only supported by consumer groups, labor unions, and State and Federal law enforcement officials, it was also supported by the American Collectors Associations and Associated Credit Bureaus.

The FDCPA’s main objective is to protect consumer against unscrupulous debt collectors. However, what many people don’t realize is that the FDCPA is also designed to protect honest, ethical debt collectors from being competitively disadvantaged by the unlawful debt collectors. The FDCPA aims to even the playing field so that debt collectors, who engage in lawful collection methods, by showing common courtesy and respect to the consumers, are not competitively disadvantaged by the unscrupulous debt collectors.

When a consumer sues a debt collector for their harassment and unlawful debt collection, the consumer partakes in fulfilling the objectives of the FDCPA, by not only protecting the general public, but also protecting the honest and ethical debt collectors who refrain from using these unlawful debt collection practices.

The Three Most Important Steps to Stopping Debt Collection Harassment

Three very important steps to stopping of debt collection are identifying whether you owe a debt or not, reviewing your rights and taking action of your rights have been violated.

The Fair debt Collection Practices Act (FDCPA) was established by the Federal Trade Commission (FTC) to ensure fair debt collection practices. The FDCPA is enforced by the Federal Trade Commission (FTC) and private attorneys governs fair debt collection methods. Any violation of the FDCPA can attract a compensation of $1000 per violation.

The following are the FDCPA Violations by debt collectors:

• Calling you repeatedly at inconvenient times
• Threatening you with serious consequences
• Using abusive language
• Calling your place of work
• Not validating debt
• Demanding more than you owe
• Not disclosing identity
• Contacting third parties about your debt
• Contacting you even after you are represented by attorney
• Harassing you even after receiving cease and desist letter from you
  

Are you a victim of debt collection calls? First find out if the debt collection company has been calling you by mistake. Even if it is calling by mistake or calling to ask for a relative or a friend, the Fair Debt Collection Practices Act (FDCPA) protects you from any type of harassment from debt collectors. If a debt collector calls you repeatedly and despite your repeated requests, continues to call, the FDCPA rights protect you.

Under the FDCPA rights, you may

• Not take a call from a debt collector
• Hang up on a debt collector
• Inform a debt collector not to call
• Send a letter to a debt collector not to call
• Fix a convenient time to call you
• Not allow debt collector to call you at odd times
• Ask debt collector to validate the debt in writing
• Instruct debt collector not to call at work place
• Send a cease and desist letter to debt collectors to stop further communication
• Engage an attorney for further communication and legal action
• Record the calls from debt collectors (if it is allowed in the state you reside in)
  

Take action if the debt collector has not

• Sent you a written notification of the amount of debt and the name of the creditor within five working days of the call
• Send you Mini Miranda warning
• Has not informed you of your right to dispute the debt within 30 days after you receive the notice, in the warning
• Disclosed in the first communication with you that he or she is attempting to collect a debt
• Informed you that any information obtained will be used for that purpose
• Included the above disclosure If the debt collector’s first communication with you is by phone
• Included the above disclosure in its first written communication with you as well
• Identified himself or herself in all subsequent communication with you

California Debt Liability when Spouses Separate

The Rosenthal Fair Debt Collection Act (RFDCPA) and other consumer acts in California treat debt of separated spouses the same as when they were together but the practical differences are extensive. California civil code takes the earnings of both the husband and wife into account while disbursing with the legal points.

The Fair Debt Collection Practices Act (FDCPA) is a federal act constituted in 1977 to establish fair debt collection practices. The RFDCPA is the California state statute, also adopted in 1977 to regulate the conduct of debt collectors and to prohibit California debt collector harassment.

“The California statute prohibits numerous deceptive, dishonest, unfair and unreasonable debt collection practices by debt collectors, and it also regulates the form and content communications by collectors to debtors and others.” (The California Statute)

According to the RFDCPA, creditors also are covered under the term “debt collectors” whereas according to the federal statutes an original creditor is not covered under the FDCPA. The RFDCPA along with other California family law statutes governs the debts in divorced and separated marriages. It is expected that the separating parties settle the division of property and debts on their own. In the absence of this mutual agreement, California family law and the RFDCPA interfere in helping the grieving parties to come to a decision.

According to the California laws, the debts incurred during the married period which is before separation, are liable on the community. Whether the husband or the wife incurs the debt for their personal use or for family, the community is liable for the repayment. The name on the bill or credit card statements also is not a concern, but if it is incurred during the time of their married life, both the spouses are equally liable.

While the concerned parties are consulting for a settlement, all debts should be divided equally. The grieving parties can work out different options like one person takes a major share in the property in exchange to paying off the joint debts. Since both spouses are responsible for debts owed jointly, it would be required of the spouse paying off the debts to be regular in payments.

California debt collector harassment after the separation is distressful when you are already dealing with the trauma of a separated marriage. While the family courts may resolve your separation issue and your property division, it would require a lot of patience and resilience for the husband and wife to work out a debt payment plan amongst themselves.

California debt collector harassment can be at its worst when you have separated and have debts to repay. Though it is inevitable to go on an emotional roller coaster to cope with both separation and debts, thinking clearly and logically would help both parties.

Complaints About California Debt Collector Harassment

There has been a tremendous increase in California debt collector harassment complaints. Since 2006 to 2010, California debt collector harassment complaints have risen by 194%. In 2010, 10,914 lawsuits seeking relief under the FDCPA were filed by or for consumers.

The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is equipped with additional protections for consumers when they are dealing with debt collectors. Problem of abusive collectors has been on the increase with the Federal Trade Commission (FTC). Common complaints include harassment by debt collectors who call consumers repeatedly, use threatening or profane language and threaten consumers with illegal actions if they do not pay them the money they demand.

In addiction to all the protections that the federal FDCPA provides, the RFDCPA imposes additional stipulations on debt collectors communicating about your debt to your employer or other outsiders. There is also an additional provision for protection when a collector is attempting to collect on an already cleared debt through bankruptcy. California debt collectors are quite often very aggressive in attempting to collect on wiped out debts.

If you are illegally served with a summons and complaints related to a debt, the RFDCPA protects you. The California debt collector harassment laws demand that a debt collector cannot file a lawsuit against you in another state, county or location that is far from where you live, unless the concerned debt was incurred in that location.

The Federal Trade Commission (FTC) and private attorneys impose the RFDCPA to protect you from debt collection harassment. While it is necessary for you to take calls from debt collectors, the RFDCPA strictly prohibits harassment of any form. The Act restricts debt collectors' calls to prior agreed time. Calling during night or any other inconvenient times is considered a violation of the RFDCPA. Debt collectors are required to send all communication to you in sealed envelopes and not by postcards. The collector must disclose his name and reason for calling as also notifications with information about the amount you owe, the name of the creditor and process to follow if you dispute the bill.

If you have been a victim of the above violations and/or more, you may consult a private attorney. An attorney would directly represent your interests. You may contact attorneys at Krohn & Moss, Consumer Law Center® who have helped thousands of victims of California debt collector harassment to put a full stop to debt collector harassment.

About Krohn & Moss, Consumer Law Center®
The law firm of Krohn & Moss, Consumer Law Center®, was founded in 1995 by attorneys Adam Krohn and Greg Moss, to provide legal representation to consumers with defective vehicles and products. In 1998, Krohn & Moss, Consumer Law Center® consumer fraud practice started, concentrating in auto fraud claims such as odometer setbacks, auto dealer financing scams and vehicle history misrepresentations. In 2002, FCRA (Fair Credit Reporting Act) and FDCPA (Fair Debt Collection Practices Act) violations became an additional focus of the firm, in their efforts to assist victimized consumers with credit reporting and debt collection issues. Krohn & Moss Consumer Law Center® has arbitrated, settled and litigated cases which have had a profound impact on consumer protection law.

Contact:
Krohn & Moss, Consumer Law Center®
10474 Santa Monica Blvd.
Suite 401
Los Angeles, CA 90025