California Lemon Law Blog

LA Consumer Wins Lawsuit against Honda Over Civic MPG Misrepresentation

Mon, 06 Feb 2012 14:33:57 -0800

A Los Angeles woman won a Small Claims Court judgment for $9,867.00 against American Honda Motor Co. on February 1, 2011. The women contended that the Company’s claims about the gas mileage capabilities for the Honda Civic Hybrid were misleading entitling her to damages. According to The Los Angeles Times, the woman purchased a 2006 Honda Civic Hybrid after relying on advertising by the company that the vehicle could get a maximum of 50 miles per gallon of gasoline, a level the women’s car never reached.

During the lawsuit, the woman claimed that the maximum mpg that the car ever reached was 42 and that a software update that was done dropped the mileage to below 30 mpg. The Civic owner decided to file her own lawsuit after learning that a proposed settlement from a class action lawsuit would leave owners with an average of $100 plus rebate coupons for a new car.

While this is only one Small Claims Court decision and Honda has promised to appeal, there have been other recent claims against Honda for misrepresentation, including the class-action. In fact, there is a website dedicated to the matter entitled, “DontSettleWith Honda.org.”

Additionally, Honda has acknowledged that batteries for 2006 through 2008 Civic Hybrids are deteriorating faster than expected. As such, batteries eventually will not charge to full capacity, the vehicles will rely more on gasoline and gas mileage will get worse.

Consumers have the right to be told the truth about the vehicle they are buying, and when they are deceived, they have the right to restitution for their losses. If you find yourself in this position, Howard D. Silver, Los Angeles unfair business practices lawyer, can help . For more information, call us today at (866) 49-LEMON and receive a free complimentary consultation about your case.

Mazda Issues Recall on More than 50,000 SUVs

Thu, 02 Feb 2012 13:57:09 -0800

Japan-based Mazda Motor Corporation has recalled 52,390 Tribute compact sports utility vehicles in coordination with the U.S. National Highway Traffic Safety Administration (NHTSA). According to the recall report, the vehicles’ master brake cylinder reservoir could leak fluid, which can drip onto and corrode the anti-lock braking system module’s wire harness and cause melting, smoking, and possibly fire, much like a recent Ford vehicle recall due to the same problem.

The affected vehicles are Mazda Tributes from the 2001 and 2002 model years. Owners can find out if their car is covered by the recall by looking at the vehicle build date inside the driver-side doorjamb. Mazda is currently in the process of informing owners about the recall and their dealers will fix the problem at no cost to consumers. Until then, Mazda urges owners to park their vehicles outdoors.

This type of defect can seriously affect the vehicles’ safety, value or use, and can lead to a serious accident. If any of the affected vehicles require multiple repair attempts to fix the problem, or are out of service for a minimum of 30 days for the problem, it may qualify as a lemon.

Southern California consumers who claim their vehicle is a lemon may be entitled to their money back or a new car. However, the process is not easy and manufacturers may be difficult to deal with. If you believe your car is a lemon, Riverside lemon law lawyer Howard D. Silver can help. Call the Law Offices of Howard D. Silver today for more information at (866) 49-LEMON.

Man Faces Sentencing for $1.5 Million Identity Theft and Credit Card Fraud

Tue, 31 Jan 2012 08:04:46 -0800

In what is being described by prosecutors as one of the country’s largest high-tech bank robbery, a 30-year-old Canadian man is facing sentencing up to 22 years after defrauding 22 major U.S. banks for a total of $1.5 million. During the operation, the man, the only one charged in the case, accessed the personal information of almost 16,000 people, stole approximately 500 identities to obtain credit cards, and opened over 100 commercial mailboxes through fake or stolen identities, according to the Associated Press.

The case recently came to a close after five years of investigation and litigation, including almost a year-long sentencing phase and the involvement of 25 investigators. During the investigation and trial, the 30-year-old Canadian man has been identified as the crime leader. The scheme cost U.S. Bank $76,000, $271,000 from Citibank, and $248,000 from Discover. Other losses were felt by identity theft victims, due to credit card fraud and other forms of wrongdoing.

Identity theft is not a victimless crime. Those who have their identity stolen can suffer financial losses, unwarranted debt, and severe harm to both their reputation and credit. While the losses caused by identity theft can be rectified, such processes can be lengthy and difficult for victims on their own. California identity theft attorney, Howard D. Silver, can fight for the restoration and protection of an identity theft victim’s finances and reputation. For more information, call the Law Offices of Howard D. Silver at (866) 49-LEMON.

Ford Issues Recalls for 450,000 Vehicles for Transmission and Brake Problems

Mon, 30 Jan 2012 08:53:20 -0800

Ford Motor Co. has issued recalls for several vehicle models and makes totaling over 450,000 cars for defects affecting transmissions and brakes. The recalls were announced through the U.S. National Highway Traffic Safety Administration (NHTSA) for the Ford Freestar, Mercury Monterey, and Ford Escape.

While a total of 450,000 Ford vehicles have been recalled, the number actually comes from two separate recalls announced on the same day that focus on different problems. First, 244,530 Ford Escapes from the 2001 and 2002 model years have been recalled due to brake fluid leakage in the brake master cylinder reservoir cap. The liquid could come in contact with the anti-lock brake system wiring harness connector, causing melting, smoking, and possibly fire. Beginning the week of January 23, dealers will replace the cap and modify the electrical system.

The second recall covers 205,896 total Ford vehicles, including 2004-2005 model year Ford Freestars and 2004-2005 Mercury Montereys. The problem is due to the possibility that torque converters may fail without warning, causing a sudden loss of motive power and possibly resulting in a crash. Ford has announced that it will notify owners and replace the torque converters during the second quarter of the year.

Vehicle part failure is always a cause for concern, as the effects of such a failure can affect the use, value, or safety of a vehicle. When multiple repair attempts are needed to fix an inherent flaw with a vehicle, owners may be entitled to a replacement vehicle or a refund of their money.

Los Angeles lemon law lawyer Howard D. Silver can help you with your lemon vehicle. Call (866) 49-LEMON for a consultation on your case today.

Recognizing Common Identity Theft Traps In Los Angeles

Fri, 27 Jan 2012 12:56:43 -0800

The act of stealing another person’s identity is not a crime unique to this generation. Although identity theft has risen to great prominence in the U.S. today, such acts have been around for centuries. The difference is that today, identity theft can be accomplished in a great many more ways than was previously possible before the creation of today’s technology.

Because identity theft occurs so frequently and in so many ways, it is important to recognize common identity theft traps in Los Angeles and learn how to avoid such techniques in order to protect yourself and your loved ones. Frequent I.D. theft traps today include:

Skimming – Criminals create clone cards they can use freely to access another’s funds.
Phishing – I.D. thieves pose as a trustworthy businesses in communications with victims to obtain personal information or direct victims to fake websites where they steal information.
Trash Rummaging – Criminals sift through a person’s trash to find important documents which have not been properly shredded to discover personal and financial information.
Social Network Hacking – Giving out your password or allowing applications to access your private information can lead to vital information being stolen.
Stealing – Simply, a thief can steal a person’s credit cards, social security card, checks, or other personal documents.

Being targeted for identity theft can wreak havoc on one’s finances and credit score. Although identity theft is reprehensible, it can be difficult for the victim to obtain relief from the thief. Therefore, California identity theft victim attorney Howard Silver can help with the other players in the equation; creditors, debt collectors and credit bureaus. For more information, call (866) 495–3666 to find out how we can help.

GM Recalls Nearly 5,000 Vehicles Due to Missing Brake Pads

Thu, 26 Jan 2012 16:39:21 -0800

Automaker General Motors (GM) has issued a recall through the National Highway Traffic Safety Administration (NHTSA) for 4,296 2012 Chevrolet Sonic Vehicles reaching in the United States and 577 in Canada. The recall is due to brake pads missing from some of the vehicles, putting drivers at a greater risk of an accident due to decreased brake performance.

The problem is believed to have stemmed from brake pads falling off vehicles before they were assembled and during shipment to one of GM’s assembly plants. Affected vehicles could be missing the inner or outer front pad. GM believes that pads are missing in 20 to 30 of the total recalled vehicles, but is recalling the entire line to ensure all vehicles with missing brake pads are taken care of.

According to the NHTSA, the affected vehicles are 2012 Chevrolet Sonics manufactured from June 2, 2011 through November 21, 2011. GM will be notifying owners and is expected to begin the recall this month, when dealers will inspect the front brakes for missing pads and install new pads, a new brake caliper, and a new rotor free of charge.

Vehicle defects such as this one can negatively affect the value, use, and safety of a car. When such problems persist despite repeated repair attempts, a vehicle may qualify as a lemon. If your new vehicle is a lemon, Howard D. Silver, the Southern California new car lemon law attorney, can help you receive compensation for your losses. Call (866) 49-LEMON today for a free consultation.

Understanding Motorcycle Defects Affecting Use, Value, & Safety

Wed, 18 Jan 2012 09:42:33 -0800

Motorcycles offer riders a sense of freedom that is found in few other vehicles; however, the small, fast, and open nature of motorcycles that provides this feeling also makes these vehicles more likely to crash when affected by a defect. Riding a motorcycle properly involves a delicate balance between experiencing top-rate performance by the vehicle and safety.

Similar to other vehicles, a motorcycle may have a problem that affects its use, value, or safety. Many times, these defects are not noticed until they have resulted in an accident or a near-miss. Some forms of motorcycle defects include:

Improperly functioning brakes and acceleration;

Tire malfunctions;

Engine malfunctions;

Steering failure; and

Electrical system failure.

Any of these can cause a motorcyclist to lose control of the bike, leading to a collision with another vehicle, impact a surrounding hazard, or laying down the motorcycle at high speeds. Under California motorcycle lemon law, if a motorcycle’s defect cannot be fixed by the manufacturer or dealer after a reasonable number of attempts while under warranty, a consumer has the right to a replacement motorcycle or a refund of their money.

If you or a loved one owns a motorcycle that is a lemon, Howard D. Silver, the Los Angeles motorcycle lemon law attorney, can help. For more information call our offices today at (866) 49-LEMON.

What is Unfair Debt Collection

Thu, 12 Jan 2012 08:35:12 -0800

Millions of Americans live with debt today and are subject to the pressures of continuous payments and mounting interest. These troubles can be worsened when a collection company applies unfair pressure. While collection companies have the right to remind debtors about their debt, there are rules set up by the Federal Trade Commission’s Fair Debt Collection Practices Act (FDCPA) to prevent harmful and threatening practices from occurring such as:

Threatening severe consequences if not paid;

Continuously and/or repeatedly calling;

Misrepresenting the amount of debt and what needs to be paid;

Revealing the subject’s debt to third parties;

Calling the consumer’s workplace;

Not sending written notice of the consumer’s rights and debt;

Not verifying disputed debts; and

Continuing collection efforts on disputed or settled debts.

It is important for all consumers to understand that no matter the amount or type of debt that one has, everyone is protected by the FDCPA and can legally prohibit collection agencies from unfair collection practices.

Attempting to end unfair debt collection is a complex and difficult process due to the persistent and intimidating nature of some debt collection companies. Anyone suffering from such actions should immediately contact Los Angeles fair debt collection attorney, Howard D. Silver, for help. Call the Law Offices of Howard D. Silver today at (866) 495-3666 for a free consultation.

2011 Sees 15.5 Million Vehicles Recalled Across United States

Tue, 10 Jan 2012 08:19:32 -0800

Now that 2011 has come to a close, final numbers have come out detailing the total amount of vehicles and vehicle parts voluntarily recalled in the United States by auto manufacturers in conjunction with the U.S. National Highway Traffic Safety Administration (NHTSA). According to Inautonews.com, there were 593 vehicle recall campaigns in the U.S. in 2011, resulting in roughly 15.5 million vehicles being subjected to some form of recall.

While 15.5 million vehicles is a large number, it is a big decrease from 2010, in where 20.1 million vehicles were recalled. Honda recalled the largest amount of vehicles in 2011, with 3.9 million in the U.S. including the company’s December recall of over 876,000 vehicles due to airbag problems.

While a recall can fix a car with one visit to the dealer, there are many vehicles that require multiple repair attempts to fix a problem.

If your vehicle cannot be repaired after multiple attempts you may have a lemon. If that happens, contact Southern California lemon law attorney, Howard D. Silver who can help you obtain the relief you are entitled to. For a free consultation about your case, contact the Law Offices of Howard D. Silver today at (866) 49-LEMON.

Beware of Leasing a Used Car in Southern California

Fri, 06 Jan 2012 14:53:12 -0800

Investigations into used car leases from Southern California auto dealers have uncovered that dealers are able to exercise options that can potentially harm consumers. Although leasing a used car allows consumers with tight budgets to quickly and easily gain access to a vehicle with smaller payments, the method actually benefits dealers much more than consumers.

Because the consumer is only leasing the car, it means that the dealer still technically owns the vehicle. Also, when someone misses a payment, the vehicle can quickly and easily be repossessed by the dealer. In addition, a Bankruptcy Court judge cannot reduce lease payments, leaving newly broke consumers unable to reduce their lease accordingly.

Leasing used cars also allows dealers to reduce tax liability, with the tax paid by consumers given to the government by dealers over a longer period of time instead of in one lump sum at the beginning.

If you believe that you have been the victim of dealer fraud, Riverside County auto dealer fraud attorney Howard D. Silver can aid you in recovering your losses. Mr. Silver is dedicated to protecting consumer rights in Southern California and can help you today. For more information, call (866) 49-LEMON.

Identity Theft Tied into Wrongful L.A. Jailings

Thu, 29 Dec 2011 16:21:00 -0800

Recent investigations have found that there have been more than 1,480 occurrences of unjust imprisonment over the past five years by the Los Angeles County Sherriff’s Department, sometimes as a result of wrongfully identifying the criminal. Interestingly, identity theft has been part of the problem, with victims of the crime being accused of perpetrating unlawful activity by someone using their names, according to The Los Angeles Times.

When a person is victimized by identity theft, he or she is often left to clean up the mess that has been left by the perpetrators. Identity theft victims can be subject to debt that has been accrued by wrongdoers and may be subject to unfair debt collection practices by companies they now owe money to. Debt collection agencies may call repeatedly, misrepresent the amount owed, or practice a number of different unfair practices in order to be paid.

When compounded by identity theft problems, the sudden and illegally-created debt caused by criminal activity can wreak havoc in a person’s life. Without the help of an experienced identity theft attorney, a victim may not be able to wipe the unfair debt from his or her record or stop credit bureaus from attempting to collect what he or she does not truly owe.

If you have been the subject of identity theft and are trying to protect yourself from further harm, Southern California identity theft victim lawyer Howard D. Silver can help. To learn more about how Mr. Silver can help you clear your debt caused by identity theft, call (866) 495-366.

Beware of Increased Title Washing Dealer Fraud

Mon, 26 Dec 2011 08:44:33 -0800

While there are many ways in which a used car dealer can commit fraud, a new form of fraud, known as title washing (hiding past damage), is beginning to emerge in cases across the United States.

Title washing can be done in two ways. First, dealers use vehicle documentation laws from other states to hide information such as flood damage and salvaged titles. By hiding this information, dealers can trick consumers into believing the car is in much better shape than it truly is.

The second form of title washing can occur when a dealer fraudulently files paperwork in another state to obtain a duplicate title for the vehicle. The duplicate title does not mention the prior damage to the car and is given to customers instead of the true title.

These forms of fraud can lead to a consumer purchasing a defective vehicle or paying more money than the car is worth. If you have been the victim of these types of practices, the Los Angeles used car dealer fraud attorney, Howard D. Silver, can assist in recovering your money. Contact the Law Offices of Howard D. Silver today for a free consultation about your case at (866) 49-LEMON.

Watch Out for Winter Weather Damage When Buying a Used Car

Fri, 23 Dec 2011 08:53:42 -0800

With winter weather comes more precarious situations for cars in California. In fact, many used cars sold both during and after the winter months may be suffering from damage that resulted from exposure to winter’s damaging conditions. Some used car dealers or individual sellers may attempt to sell these types of cars without telling potential buyers about their true condition. When that happens, used car fraud may have taken place.

While Southern California is renowned for its pleasant weather year-round, certain areas are subject to harsh conditions. Unfortunately, these conditions often take their toll on vehicles, including:

Corrosion – In areas affected by snow, salt is often used to make roadways safer. However, salt on the roads can corrode metal and damage vital parts of the vehicle, such as brakes and axles, which can result in major accidents.

Floodwater Damage – Overflowing of water from spillways and reservoirs can cause unexpected floods in even the most urban of areas resulting in severe vehicle damage. Cars damaged by floodwater can be superficially repaired to appear as if they have no damage. However, water damage can destroy a car’s electrical and computer systems and cause airbag and antilock brake malfunctions.

Wind Damage – High winds can quickly pick up and endanger both people and their vehicles with little forewarning. Strong winds can damage vehicles by dropping branches, power lines, light poles, and even entire trees on them. While many damaged cars can be repaired, not all used car owners fix their vehicles properly resulting in serious hidden damage to their cars.

Many people every year are negatively affected by used car dealers that withhold vehicle damage information, leaving buyers with huge costs and debt on what they thought was a good deal. Los Angeles used car fraud attorney Howard D. Silver can help you recover the costs of both buying the vehicle and the repairs that resulted. For more information on how Howard Silver can help you, call (866) 49-LEMON today.

Buying a Used Car for a Christmas Present

Thu, 22 Dec 2011 08:34:18 -0800

This is part two of a two-part series on buying a motor vehicle for Christmas. Read our previous blog post for tips on buying a new car for Christmas.

For many, buying a loved one a car is the perfect Christmas gift, but new cars are often too costly to buy as a present. For those still looking to buy a car, giving a used model in good condition can be just as good as a new one. However, buying a used car can be tricky and you must be careful about what you are buying. To avoid the many pitfalls of buying a used car for Christmas, follow these tips.

Check for recalls

When you have decided on a specific model or a final few candidates, check to see if they have been subjected to any recalls by the National Highway Traffic Safety Administration (NHTSA). NHTSA keeps track of all vehicle recalls. If the model has been recalled, make sure it has undergone the proper repairs.

Get a vehicle history report

Before buying the car, check the history of the vehicle through a vehicle history report. These reports may show previous damage reported about the car, whether the odometer has been tampered with, if it was used as a rental, or has a salvage title. The reports are not foolproof, but may show if something is wrong with the car.

Look out for odometer fraud

Sometimes used car dealers attempt to fool consumers by decreasing the amount of miles shown on the odometer. Odometer fraud is illegal and can trick a consumer into believing the car they are buying is in better condition than it truly is. If the odometer reading on a car seems too good to be true, check it out.

Read everything that you sign

Make sure to carefully read every document the dealer asks you to sign. If you have questions ask for the answers. Also, make sure that what you’re signing accurately reflects what you have agreed upon verbally with the dealer. After you sign the documents and take the car home, it may be too late to complain.

When a used car dealer uses deceptive and unfair practices, those who have suffered can seek reimbursement for the money they have lost. If you are a victim of these types of practices contact Southern California used car fraud lawyer, Howard D. Silver. For a free consultation call (866) 49-LEMON.

Tips for Buying a New Car for a Christmas Present

Wed, 21 Dec 2011 09:02:47 -0800

This is part one of a two-part series on buying a motor vehicle for Christmas. Check back in for the next entry on buying a used car.

Christmas time has arrived and people around the country are looking for the perfect gift for that someone special. For many, a new car is the ultimate present for the one they love. However, the gift of a car may also bring trouble. In to make sure that the car you give this season brings joy instead of sorrow, follow these four guidelines to make sure there are no problems with the vehicle you select.

Be aware of recalls - Even new cars can be subject to dealer recalls because of a defect with the vehicle. When buying a car, check to see if there have been any recalls issued for the model or the line of cars that it belongs to. If there has, make sure the car has been fixed by the dealer.

Watch out for dealer fraud - While many dealers practice ethical sales tactics with consumers, others do not. Car dealer fraud may include hidden fees, price inflation, presenting a used vehicle as a new one, and undervaluing a trade-in. These tactics can cause an unsuspecting car buyer to overpay for a car or purchase one that has been misrepresented by the dealer as being better than it truly is.

Check for damage - Even new cars on dealer lots can suffer damage from weather, accidents, and vandalism. Dealers may try to hide damage or only partially repair what has been broken so that it is not readily apparent to consumers. Make sure to thoroughly check a vehicle that you are interested in purchasing and even have it inspected after purchase if you feel you need to.

Buy a car that suits your loved one - Most important, buy a vehicle that the person you are giving it to will love. If he or she enjoys sports cars, don’t buy a van. Most people will be overjoyed at receiving a new car for Christmas, but buying them a car that suits their taste, not yours, will make it even better.

A new car can be an amazing gift at Christmas, but if it has problems that the dealer can’t fix, you may have a lemon. If you believe that your vehicle qualifies as a lemon contact Southern California lemon law lawyer Howard D. Silver today at (866) 49-LEMON for a free consultation.