New Jersey Lemon Law Attorney Honored As 2017 NJLJ … – PR Newswire (press release)

Mr. Silverman’s work as a consumer advocate has extended to working with the State judiciary to establish the New Jersey Lemon Law Pilot Program and being assigned the task of training arbitrators on how to adjudicate Lemon Law and breach of warranty cases. In addition, he was fundamental in securing and protecting the Lemon Law and Federal Warranty rights for Dodge, Jeep, and Chrysler consumers in 2009 when together with his associate Amy Bennecoff Ginsburg, he drafted the provision in the Chrysler/Fiat sales agreement which guaranteed that Fiat would still be committed to consumers who purchased vehicles from the line prior to the sale of the company.  Through this one important provision, Mr. Silverman protected hundreds of thousands of drivers nationwide.    

Mr. Silverman has been honored in many past years as a Super Lawyer by Law & Politics; earned a perfect 10/10 score on AVVO.com; and was named “a pioneer in New Jersey Lemon Law legislation” in a front page Newark Star Ledger feature.  As a result of the Firm’s comprehensive website LemonLaw.com, he also received a Meritorious Recognition award as part of the 2002 Louis M. Brown Award for Legal Access competition presented by the American Bar Association’s Standing Committee on the Delivery of Legal Services.  Mr. Silverman’s expertise has been featured on numerous news outlets including Nightline, the nationally syndicated Money Talks News, and the New York Times.

Mr. Silverman earned his Bachelor of Arts Degree from Pennsylvania State University and holds a Juris Doctor Degree from Temple University School of Law.

For more information about Kimmel and Silverman, and the services they provide, please call 1-800-LEMON-LAW (1-800-536-6652) or visit the firm’s website at www.lemonlaw.com.

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/new-jersey-lemon-law-attorney-honored-as-2017-njlj-distinguished-leader-300464353.html

SOURCE Kimmel & Silverman PC

Related Links

http://www.lemonlaw.com

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New Jersey Lemon Law Attorney Honored As 2017 NJLJ Distinguished Leader – PR Newswire (press release)

Mr. Silverman’s work as a consumer advocate has extended to working with the State judiciary to establish the New Jersey Lemon Law Pilot Program and being assigned the task of training arbitrators on how to adjudicate Lemon Law and breach of warranty cases. In addition, he was fundamental in securing and protecting the Lemon Law and Federal Warranty rights for Dodge, Jeep, and Chrysler consumers in 2009 when together with his associate Amy Bennecoff Ginsburg, he drafted the provision in the Chrysler/Fiat sales agreement which guaranteed that Fiat would still be committed to consumers who purchased vehicles from the line prior to the sale of the company.  Through this one important provision, Mr. Silverman protected hundreds of thousands of drivers nationwide.    

Mr. Silverman has been honored in many past years as a Super Lawyer by Law & Politics; earned a perfect 10/10 score on AVVO.com; and was named “a pioneer in New Jersey Lemon Law legislation” in a front page Newark Star Ledger feature.  As a result of the Firm’s comprehensive website LemonLaw.com, he also received a Meritorious Recognition award as part of the 2002 Louis M. Brown Award for Legal Access competition presented by the American Bar Association’s Standing Committee on the Delivery of Legal Services.  Mr. Silverman’s expertise has been featured on numerous news outlets including Nightline, the nationally syndicated Money Talks News, and the New York Times.

Mr. Silverman earned his Bachelor of Arts Degree from Pennsylvania State University and holds a Juris Doctor Degree from Temple University School of Law.

For more information about Kimmel and Silverman, and the services they provide, please call 1-800-LEMON-LAW (1-800-536-6652) or visit the firm’s website at www.lemonlaw.com.

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/new-jersey-lemon-law-attorney-honored-as-2017-njlj-distinguished-leader-300464353.html

SOURCE Kimmel & Silverman PC

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http://www.lemonlaw.com

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Study shows OEMs involved in most lemon law cases – Auto Remarketing

LOS ANGELES – 

Sometimes that vehicle you delivered just turns out to be a lemon. Los Angeles-based law firm Consumer Law Experts conducted a study to find out how often lemons are rolling over the curb and which automakers manufactured those units.

The firm also made a recommendation on the role dealerships can play to prevent the situation from developing into a legal quagmire impacting everyone involved.

Attorneys searched electronic court filings nationwide to see which automakers had the most lemon law cases filed against them from 2013 through 2016. Consumer Law Experts compared the litigation results to the total U.S. sales for each manufacturer over the same time period.

Out-of-court settlements were not included in the study, the law firm said in a news release announcing its findings.

Consumer Law Experts determined Toyota was the major automaker found least likely to defend themselves in court over a lemon law case with one adverse result per 60,926 vehicles sold in America.

According to Consumer Law Experts, a consumer is eight times more likely to be hit by lightning over a lifetime than to go to court with Toyota on a lemon law claim.

At the other extreme, the firm found BMW was 30 times more likely than Toyota to sell a consumer a defective vehicle. Firm lawyers said they saw a lemon law case filed against BMW once for every 2,021 vehicles sold in the U.S. in 2013 through 2016.

The study showed Ford’s fortunes were not much better, with a lemon law courtroom loss occurring once for every 3,523 units sold. Consumer Law Experts pegged that likelihood as about the same odds that a baby will be born with a tooth.

Is a BMW or Ford vehicle really 20 or 30 times more likely to be a lemon than a Toyota? Probably not, according to Jessica Anvar, managing partner of Consumer Law Experts, a leading California lemon law firm.

“There are many reasons why some manufacturers are more likely to lose a warranty case than others,” Anvar said. “How the dealership resolves consumer complaints is probably the biggest factor.

“The best way to avoid a lemon law case in court is to make the customer happy at the first sign of a problem,” Anvar went on to say.

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California to add large trucks to state's 'Lemon Law' protection … – Land Line Magazine

An effort underway at the California statehouse would “throw a bone” the way of commercial truck owners.

During a legislative year in Sacramento notable for a pending diesel tax increase of 20 cents, one Senate bill would expand the state’s “Lemon Law” to cover commercial vehicles.

Most states have “Lemon Laws” but cover only vehicles under 10,000 pounds. Heavy trucks are treated differently under state laws.

California law only applies protections for poorly made vehicles weighing less than 10,000 pounds.

Sponsored by Sen. Joel Anderson, R-San Diego, the bill would cover vehicles at least 10,000 pounds.

Affected vehicles would be covered by the state’s protections if, within 18 months of purchase or within 100,000 miles on the odometer, one or more of the following occurs:

  • The vehicle has been subject to the same repair two or more times for a condition that is likely to cause death or serious bodily injury; or
  • The vehicle has been subject to the same repair four or more times; or
  • The vehicle is out-of-service by reason of repair for a total of more than 30 calendar days since delivery to the buyer.

Anderson’s bill, SB713, is scheduled for consideration on Tuesday, May 9, in the Senate Judiciary Committee.

The Owner-Operator Independent Drivers Association encourages professional drivers in the California to contact their state lawmakers in support of the protection for large trucks.

To view other legislative activities of interest for California, click here.

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Top 3 Tuesday: Must Know Tips If You're Driving A Lemon – CBS Philly

PHILADELPHIA (CBS)– From engine issues to electrical concerns, does it seem like your vehicle is in the repair shop more than it’s on the road?

In tonight’s Top 3 Tuesday, Jim Donovan has the 3 things you need to know so you can turn your lemon of a car into lemonade.

When it comes to cars, Virginia Papaleo doesn’t have great luck.

Two of her last brand new vehicles had transmission issues!

“Every time you came to a stop sign or red light, the car would shut down and you’d have to restart it again,” said Papaleo.

And when she tried to get the cars fixed.

“They would take the car out for a ride and they’d say no you’re wrong, there’s nothing wrong with this car,” said Papaleo.

Not convinced, in both cases she sought help using the Lemon Law.

“If your car has a warranty and has been in the shop too many times for a problem, or in the shop too many days, you might be entitled to some compensation,” said Bob Silverman, an attorney who specializes in Lemon Law cases.

“Minor problems are worth minor money, major problems could be a refund, new car, or major money depending on the law,” Silverman adds.

The first thing you need to know about the Lemon Law is that it’s different in each state in regards to:

  • When the problem first needs to appear
  • The number of repair attempts you have to make
  • Even the number of days your vehicle can remain in the repair shop.

“But when you boil every statute down to its essence, ‘I bought a bad car, they can’t fix it within a reasonable period of time,’ and that issue is a substantial impairment,” says Silverman.

Next, you need proof that you tried to get the problem fixed.

“If there’s something wrong and they say it’s normal but it doesn’t seem right, try another dealer,” Silverman says. “Make sure that the dealership service advisor writes down what you’re saying, what you’re complaining of, and not some abbreviation that doesn’t make sense. And don’t leave the dealership without that paperwork. Demand it.”

Finally, don’t blame the dealer; it’s the manufacturer that’s ultimately responsible for fixing the problem.

“A Lot of my clients are so sweet, I don’t want to get the dealer in trouble.  The dealer has no legal liability in these cases.  The manufacturer gives the warranty, the manufacturer is liable,” Silverman says.

In Mrs. Papaleo’s two transmission cases, the manufacturers bought back her vehicles.

The Lemon Law covers conditions that substantially impair a new vehicles use or safety, that includes mechanical defects or even say an issue with a car’s bluetooth technology because that could lead to distracted driving.

PA Lemon Law: lemonlaw.com/pa-lemon-law.html

NJ Lemon Law: lemonlaw.com/new-jersey-lemon-law.html

DE Lemon Law: lemonlaw.com/delaware-lemon-law.html

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Shoals Insider Ask The Attorney: Alabama's Lemon Law – Shoals Insider

Ask the Attorney Columnist James Irby

In keeping with James Irby P.C.’s commitment to service and justice, this week’s article is about another consumer protection available to people in Alabama, the Alabama Lemon Law. Alabama has enacted a series of laws which can help you when your new vehicle purchase just isn’t right.

The Alabama Lemon Law protects new car buyer for 24 months or 24,000 miles, whichever comes first. If you are having recurring problems with your new vehicle we can help.

There are few things worse than dealing with a bad car and yet its something we have all dealt with or had friends, family, or loved ones’ deal with. It often times goes unresolved and many consumers simply learn to deal with the headache that they just bought or, even worse, take a financial hit and get out of that vehicle.

There is another option, thanks to the Great State of Alabama. That option is to invoke your protections under our lemon law. Here’s what you need to know about it;

  1. You have 24 months or 24,000 miles—whichever occurs first. You must inform the dealer or manufacturer before this point but it must not be resolved in order to take advantage.
  2. The vehicle must “conform to any applicable express warranty.” That is to say it must be working as the manufacturer intended it to during its normal warranty, generally 3 years/36,000 miles.
  3. The dealer/manufacturer is going to get “reasonable attempts” to fix it. That’s often times case specific and is determined by the kind of problem your new car is having. It’s generally three attempts during the law period or if your car has been at the dealers for a cumulative 30 calendar days.
  4. The law gives you two options at that point. You can either accept a brand new comparable vehicle or you can get your money back including things like finance charges, rental car fees, sales tax, and of course the full contract price.

Don’t suffer in silence or get run over by a dealer or a car maker because they didn’t do the right thing. Give James Irby P.C. a call because we can help.

On a personal note, this column has developed into quite a fun weekly event for myself and my staff. We’d love to hear from you so please give us a shout and let us know if you have questions about the law. We’d love to answer. We love to serve.

Call 256-766-7778

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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Barbara Kelly: World needs lemon law for presidents – GazetteNET

World needs lemon law for presidents

What I see is Trump using the kind of dishonesty I have heard from a used-car dealer. But with Trump the purpose appears to be to hoodwink a nation’s people while he trashes the place in order to serve the interests of a wealthy few who are eager for more, whatever the cost to the world around them.

I do not believe most of the people who voted for him will benefit from the self-advertised, deal-maker’s deals.

I do believe most of his supporters, our country generally, and the planet on which she rests would benefit from a lemon law for presidents.

Barbara Kelly

Amherst

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AG produces updated guide to Arkansas's lemon law … – Newton County Times (subscription)

LITTLE ROCK — As part of National Consumer Protection Week and her ongoing efforts to educate Arkansans to protect them from scams, fraud and identity theft, Arkansas Attorney General Leslie Rutledge has produced an updated guide to the Arkansas Lemon Law, which is available to download at ArkansasAG.gov or for delivery by mail. With a more-condensed version, costs incurred by dealerships to purchase the guide will be reduced by 20 percent.

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How new laws soured Wisconsin's once-strong Lemon Law – WISN Milwaukee

MILWAUKEE —

Wisconsin once boasted some of the most consumer-friendly laws in the nation, but changes in recent years have soured the state’s once-robust “Lemon Law.”

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The most significant changes that have tipped the scales away from consumers involve a cap on compensation for attorneys and a reduction in the time allowed to make a claim. Consumers also no longer have a choice between a refund or replacement vehicle.

“We have the worst law in the country, and it used to be the best,” said Wauwatosa attorney Vince Megna, who built a national reputation as the king of the Lemon Law

Megna boasts that he’s sued General Motors more than 400 times without losing, but he said changes to Wisconsin law have made it less attractive and feasible for attorneys to take on cases.

In 2011, the Wisconsin legislature passed a bill to limit attorneys’ fees after Megna collected more than $150,000 in legal fees over a car dispute.

“Which might sound like a lot, but it’s not,” he said. “You’re fighting companies that will put hundreds and hundreds of thousands into defeating you on a $8,000 case.”

The new law caps attorney fees at three times the amount of damages. Megna said that means few lawyers can afford to take on the auto manufacturers, leaving consumers stuck with lemons.

“People need to get angry, we need to get angry about this,” he said.

Consumers like Leeann Beehler of Fox Point are very angry.

Her new Honda CRV was just a week old when she said she caught a strong odor of gas.

“The cabin fills with the fumes. It’s sudden and it’s very, very strong,” she explained.

Beehler said she took the CRV to a Honda dealer six times, and each time her vehicle was returned to her with technicians claiming there were no problems.

An online search turns up similar complaints.

On its invoice, the dealer noted that Honda was aware the issue affected “other new CRVs.” Beehler said she offered to let the dealer keep her car to duplicate the problem, but Honda declined.

“We can tell you that Honda is aware of the problem, but they do not have a fix,” Beehler said her Honda dealer told her.

The company offered to let her trade in the car for a new one, but she’d have to pay the difference.

She declined. Now her $30,000 CRV sits in her driveway, where it’s been since last spring. Afraid to drive it, Beehler said she and her husband went out and purchased another car.

She’s also hired a Chicago lawyer to file a federal class action lawsuit.

“Someone at Honda has made an economic decision to fight the fight rather than take care of a handful of consumers,” said Beehler’s attorney, Alex Loftus.

Contacted by WISN 12 News, a Honda spokesman said the company doesn’t comment on pending lawsuits. He encouraged any CRV owner experiencing a problem to take it to a dealer to get it resolved under the warranty, the same course of action that was of little help to Beehler.

Under Wisconsin’s Lemon Law, consumers used to get a choice as to whether they wanted refund or replacement. Now it’s the auto company’s choice. Megna said that’s another change that has hurt many lemon owners. The state has also reduced the time limit on Lemon Law claims. Consumers now get three years to file, down from the six years they were previously allotted.

WISN 12 News tried speaking to the lawmaker, Assembly Speaker Robin Vos (R-Burlington), who shepherded the changes through the legislature. His office did not respond to repeated requests to talk about the impact those changes have had on consumers.

WEBVTT ATES WHYSHE HAS A CAR SHE CAN’T DRIVE.>> LEEANN BEEHLER SAYS HER NEWHONDA CRV WAS A WEEK OLD THEFIRST TIME SHE SMELLED IT.>> I THOUGHT I PARKED OVER APUDDLE OF GAS.>> THE SMELL OF GASOLINE FLOODEDTHE CAR’S INTERIOR.>> CABIN FILLS WITH FUMES,SUDDEN AND STRONG.>> BEEHLER SAYS THE SMELL WENTAWAY, BUT IN THE FOLLOWING WEEKSREPEATEDLY RETURNED.SHE TOOK IT TO A HONDA DEALERSIX TIMES.,>> THEY GAVE IT BACK TO US ANDSAID WE FIND NO PROBLEM WITHYOUR CAR.A QUICK GOOGLE SEARCH TURNSUP SIMILAR COMPLAINTS AND ON ITSINVOICE THE DEALER NOTED THATHONDA WAS AWARE IT AFFECTEDOTHER NEW CRVS.BEEHLER SAYS SHE OFFERED TO LETTHE DEALER KEEP HER CAR TOTRY TO DUPLICATE THE PROBLEM BUT, HONDA DECLINED.>> WE CAN TELL YOU HONDA ISAWARE OF THE PROBLEM, BUT DO NOTHAVE A FIX.>> BEEHLER SAYS THE COMPANYOFFERED TO LET HER TRADE IN THECAR FOR A NEW ONE, BUT SHE’DHAVE TO PAY THE DIFFERENCE.>> WE HAVE THE WORST LAW IN THECOUNTRY, AND IT USED TO BE THEBEST.>> WAUWATOSA ATTORNEY VINCEMEGNA BUILT A NATIONALREPUTATION AS THE KING OF THELEMON LAW.>> I SUED GENERAL MOTORS 400TIMES WITHOUT LOSING.>> BUT MEGNA SAYS RECENT CHANGESIN WISCONSIN LAW HAVE GUTTED THECONSUMER PROTECTIONS THAT MADETHAT POSSIBLE.IN 2011, THE LEGISLATURE PASSEDA BILL TO LIMIT ATTORNEYS’ FEES,AFTER MEGNA COLLECTED MORE THAN$150,000 IN LEGAL FEES OVER ACAR DISPUTE.>> WHICH MIGHT SEEM LIKE ALOT,BUT IT IS NOT.YOU ARE FIGHTING COMPANIES THATWILL PUT HUNDREDS OF THOUSANDSINTO DEFEATING YOU ON AN $8,000CASE.>> THE NEW LAW CAPS ATTORNEYFEES AT THREE TIMES THE AMOUNTOF DAMAGES.HE SAYS THAT MEANS FEW LAWYERSCAN AFFORD TO TAKE ON THE AUTOMANUFACTURERS LEAVING CONSUMERS, STUCK WITH LEMONS.>> PEOPLE NEED TO GET ANGRY.WE NEED TO GET ANGRY ABOUT THIS.>> LEEANN BEEHLER IS ANGRY.>> WE HAD TO BUY ANOTHER CAR.>> SHE ALSO HIRED A CHICAGOLAWYER TO FILE A FEDERALCLASS-ACTION LAWSUIT.>> SOMEONE AT HONDA HAS MADE ANECONOMIC DECISION TO FIGHT THEFIGHT RATHER THAN TAKE CARE OFCONSUMERS.>> MEANWHILE, BEEHLER’S $30,000CRV HAS BEEN SITTING IN HERDRIVEWAY SINCE LAST SPRING.SHE’S AFRAID TO DRIVE IT.>> IT IS NOT HEALTHY, BURNS YOUREYES, NOSE, THEN YOU WORRY ABOUTIS MY CAR GOING TO BLOW UP.>> SO WE CONTACTED HONDA,PATRICK, AND IT’S SPOKESMAN SAYSTHE COMPANY DOESN’T COMMENT ONPENDING LAWSUITS.HE ENCOURAGES ANY CRV OWNEREXPERIENCING A PROBLEM TO TAKEIT TO A DEALER TO GET ITRESULT UNDER THE WARRANTY, BUTOBVIOUSLY THAT DID NOT HELPLEEANN BEEHLER MUCH.>> AND THERE HAVE BEEN OTHERCHANGES THAT AFFECT CAR BUYERSSTUCK WITH LEMONS?>> YES UNDER WISCONSIN’S LEMON, LAW, CONSUMERS USED TO GET TOCHOOSE IF THEY WANTED A REFUNDOR REPLACEMENT.NOW IT’S THE AUTO COMPANY’SCHOICE WHICH MEGNA SAYS HAS HURTMANY LEMON OWNERS.PATRICK: YOU TRIED TALKING TTHE LAWMAKER BEHIND THE CHANGES?>> ASSEMBLY SPEAKER ROBIN VOS ISFROM BURLINGTON.HE SHEPARDED THE CHANGES THROUGH

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