In general, consumer protection acts aim to protect the rights of consumers, to ensure fair trade, healthy competition, accurate information available in the market, etc. There are varieties of both federal and state laws in the USA to regulate consumer affairs. Federal Food, Drug, Cosmetic Act, Fair Credit Billing Act, etc. are on the list. And we may add the Tanner Consumer Protection Act to the list as well. The Act is one of the provisions of California lemon law.
California lemon law
When you buy a car from the manufacturer you are nearly sure that no future problems will bother you as a driver. But the things change when several days later your new car shows signs of “sickness.” You decide to take it to a mechanic, but after several attempts, the same problems still exist. Unfortunately, that might mean you are facing a lemon car. To protect your rights as a consumer the Tanner Consumer Protection Act will help you.
The definition of a lemon car is “a car that the manufacturer is unable to conform to express warranties after a reasonable number of attempted repairs.”
Tanner Consumer Protection Act
The act aims to protect the rights of vehicle consumers. It states “It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs.” It clearly defines all the terms referring to the lemon car and its possible selling. For example, you can find the definition of a “new car“, “motorhome”, “nonconformity,” etc.
“New motor vehicle means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. New motor vehicle also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.”
Federal Trade Commission
The United States has a set of agencies which deal with the issues to protect consumer rights. One of the main ones is the independent Federal Trade Commission (FTC). It administers a wide range of consumer protection laws. The two main goals of the commission are:
- To prevent fraud, deception and unfair business practice in the market
- To get rid of anticompetitive business practices in order to maintain healthy competition in the market
After making sure that you obtain a lemon car, you have a right to get a refund or replacement of the car from the manufacturer. Surely, the laws regulating the issues of lemon differ from state to state. But Tanner Consumer Protection Act gives an overall idea about the lemon. If the manufacturer replaces the car, according to the law, he should give an identical one instead. The manufacturer should provide express and other warranties which, in general, also accompany a newly bought car. Additionally, the consumer should repay the purchaser for any reasonable incidental damages.
Who is eligible?
Not all consumers can get buyback for a car which is under repair. The lemon law defines the following three types of consumers under coverage.
- An individual who buys or leases a new motor vehicle from a person engaged in the business of manufacturing, distributing, selling or leasing new motor vehicles at retail
- An individual who took a lessee for a term exceeding four months
- Any individual to whom the vehicle is transferred during the period of a written warranty or who is entitled under applicable state law to enforce the obligations of the warranty
In addition, we advise you to consult with an experienced attorney. He/she knows all ins and outs of lemon law and lemon cases. He/she will properly explain all the points in Tanner Consumer Protection Act. Consequently, will give extra hints to get the best out of your situation. You, as a consumer, are always right and must always protect your rights whether with or without an attorney. Call at 818.990.0418 to make an appointment or just walk in for a consultation at Margarian Law Firm’s office in California.