California Lemon Law Blog

Unrepaired Recalled Cars Causing Problems for Used Car Buyers

Tue, 15 May 2012 17:51:11 -0800

Recently, it has been reported that used car buyers are at an increased risk of owning vehicles that were recalled but never fixed by previous owners. According to the The Los Angeles Times, studies done by Edmunds.com were sparked by a series of complaints concerning engine fires occurring in older model General Motors vehicles, all of which had been subject to a recall but never repaired.

An Edmunds.com analysis found that two GM recalls for 3.8-liter V6 engine vehicles had received only a 52.5% completion rate, meaning that almost half of the vehicles had gone without repairs. While not fixing defects is a vehicle owner’s choice, the problem occurs when these unrepaired vehicles are sold to used car dealers, who do not know the vehicles have unrepaired defects. In turn, the buyers of these cars are unwittingly subject to hazardous conditions.

There are currently no laws that require a vehicle owner to notify a buyer that their car has been recalled at some time in the past. Although used car buyers can register their vehicle with the manufacturer or visit www.safercar.gov to see if their car has ever been recalled, it can be difficult for a consumer to discover if their vehicle was actually fixed.

New car buyers are not the only people covered by the California lemon law. Used cars that are still under manufacturer warranty are also covered. Further, if the used car you bought came with an express warranty, consumers can get their money back or a replacement vehicle. For a free consultation about your case, contact the Law Offices of Howard D. Silver today at (866) 49-LEMON.

I.D. Thieves Projected to Make $26 Billion in Tax Refunds over Next Five Years

Mon, 14 May 2012 08:11:40 -0800

Identity theft continues to grow at such a rapid rate that the U.S. Internal Revenue Service (IRS) may be unable to keep pace with the crime. In fact, I.D. thieves may make as much as $26 billion over the the next five years from tax refunds alone. CNN reports that Treasury Inspector General J. Russell George stated on May 8th that even with the IRS detecting and preventing large amounts of I.D. theft and fraudulent tax collection every year, the sheer amount and growth of this crime is far beyond what the agency can handle.

The report issued by the Treasury Inspector is actually higher than any other I.D. theft tax fraud estimate previously issued and is one of the most detailed reports ever made about the crime. On the other hand, the IRS states that because the estimate is based on 2010 figures it is much too high on account of “major changes” in identity theft prevention.

In 2011, the Treasury Inspector General’s Office reported that the IRS found 2.2 million fraudulent tax returns, with approximately 940,000 related to identity theft, totaling $6.5 billion. Additionally, the report revealed that 48,357 Social Security numbers were used multiple times in tax returns for 2010. On the positive side, the IRS reported that they had stopped $1.3 billion in fraudulent tax refunds by the end of last month.

Whether or not identity theft grows or government protection improves, being the victim of this crime can cause serious financial damage. Los Angeles identity theft lawyer Howard D. Silver is dedicated to ending the damaged caused by identity theft and repairing victims’ finances. For a consultation about your case, call our offices today at (866) 495-3666.

Understanding Use, Value, and Safety in California Lemon Law

Fri, 11 May 2012 08:57:25 -0800

When discussing the California lemon law or when a vehicle may be deemed a lemon, three words continually pop up: use, value, and safety. But what do these terms really mean and what are their significance to the lemon law? Here’s one way to explain the terminology:

Use – A vehicle is meant to fulfill a very specific purpose: allow the driver to travel from point A to point B. This is the most basic definition of “use” and when a defect prevents a driver from being able to use the car in the way he or she wants, it may be a lemon.
Value – The value of a car naturally decreases over time. Older cars are typically worth less than new ones. However, unrepaired defects can lower the value of a vehicle far beyond what it should normally be and can cause the vehicle owner to accept less when selling it.
Safety – The most important of the three factors, safety can compromise the occupant’s well being and cause the value of a vehicle to decrease to almost nothing. Defective brakes that don’t stop the car or the car’s engine shutting off on the freeway are classic examples of safety related defects.

San Bernardino lemon law attorney Howard D. Silver has dedicated his career to helping consumers with their lemon vehicles. For more information on how we can help, call the Law Offices of Howard D. Silver today at (866) 49-LEMON for a free consultation.

Woman Faces Difficulties Collecting $10 Million Verdict from Debt Collection Agency

Wed, 09 May 2012 09:01:02 -0800

In August 2011, West Virginia housewife Diana Mey was awarded $10,860,000 in damages from a lawsuit she filed against a debt collector. May, who has not been able to collect any money as of yet, contended that the debt collector used abusive and unjustified tactics to collect a debt. According to ABC News, Reliant Financial Associates (RFA) began harassing Mey in 2010, including threatening foreclosure on her home for a debt she did not owe.

After Mey wrote a cease-and-desist letter to the agency, she began receiving hang-up calls disguised as the local sheriff’s department on her caller I.D. Finally, she answered the phone and was repeatedly called vulgar disgusting names and threatened with violent sexual acts. Fortunately, Mey recorded the entire two-minute call, called the police, and eventually connected the call to RFA after researching the company’s tactics online and learning of sexual calls that had been linked to them before.

Subsequent to the verdict, RFA, the company, disappeared, but has been identified as a fictitious business name for Global AG, LLC, which has run several of these types of agencies in the past. While Mey might never receive the $10 million she was awarded, she is proud of her battle against the company and the message it sends to other debt collectors to obey the law.

Ventura fair debt collection attorney Howard D. Silver understands what unfair debt collection tactics can do to a person emotionally and financially. At The Law Offices of Howard D. Silver, we can put an end to unfair practices and help you repair the financial damage that may have been done. For more information on how we can assist, call us today at (866) 495-3666.

NHTSA to Discuss Safety of Lithium-Ion Batteries with Auto Makers

Mon, 07 May 2012 08:21:08 -0800

Due to a string of problems with lithium-ion batteries used in vehicles over the past year, the National Highway Traffic Safety Administration (NHTSA) has announced an upcoming meeting with automakers to discuss the safety of the batteries. The meeting is scheduled for May 18th and will focus on the safety measures that should be taken with the batteries and what advancements may be made in the future with the technology, according to Torquenews.com.

Questions about the safety of lithium-ion car batteries first began when a Chevy Volt’s battery caught fire at an NHTSA test facility three weeks after a crash. Additionally, problems with the lithium-ion battery in the Fisker Karma EV electric vehicle led to a recall in March and a battery fire at the General Motors Technical Center, has brought additional concerns.

While the electric vehicle battery problems have each occurred under different circumstances, the newness of the technology and the short time span it has been introduced into the automotive marketplace has brought much concern. Although there is currently no consensus about the safety of the batteries or whether there is something that should be done to make them safer, the meeting can hopefully address what actions should be taken in the future.

Battery problems and many other auto defects can affect the use, value or safety of a vehicle. When these problems cannot be fixed, call Riverside lemon attorney Howard D. Silver at (866) 49-LEMON for help.

I.D. Thieves Increasingly Targeting the Deceased

Fri, 04 May 2012 09:14:04 -0800

The living are not the only ones who may be the target of identity theft. More and more thieves are targeting the deceased. According to a study reported by The Huffington Post, nearly 2.5 million deceased Americans have their personal information used in identity theft schemes every year.

Often, I.D. thieves browse obituary notices and cemeteries for news of whom recently died to use their confidential information for credit cards, telephone services and other applications. Additionally, I.D. theft can occur by accident when a thief makes up an identity, birth date, and Social Security number that lines up with someone who has died.

Identity theft of the departed averages out to a rate of more than 2,000 deceased identities being used every day in the United States. As such, the study recommends that family members monitor the identities, credit, and other related information of the deceased for at least one year after their death. To prevent identity theft, provide limited personal information in his or her obituary, cancel their driver’s license, and use an identity theft fraud alert system.

Additionally, notify the three credit reporting bureaus, all financial entities used by the deceased, and the Social Security Administration of the individual’s death.

Such measures can help prevent identity theft, but it can still occur and inflict serious damage. Los Angeles identity theft lawyer Howard D. Silver can help repair the damage done to your credit or the credit of a loved one. For more information on how we can help you, call the Law Offices of Howard D. Silver at (866) 495-3666.

Shortage of Nylon-12 Resin Threatens Auto Manufacturer Output

Wed, 02 May 2012 09:02:27 -0800

An explosion at a German chemical plant in March has caused a worldwide shortage of nylon-12 in the auto manufacturing industry. The resin is used to manufacture fuel lines, brake lines, and fuel tanks. The explosion at the Evonik Industries AG plant has effectively cut worldwide supply of the material in half, according to The Wall Street Journal.

Nylon-12 resin is highly resistant to brake fluid and gasoline, making it perfect for use in auto components. However, the explosion at the plant, the main supplier of the material for companies across the globe, has turned the automotive world upside down. Now, automakers are scrambling to find a replacement substance. Without a suitable replacement, assembly plants may have to shut down within the coming weeks as it may take six months to restart production and there is only an estimated two-month supply of nylon-12 available.

As such, the automotive industry as a whole has come together in a rare feat to create several committees and tests to find a suitable replacement for the substance. Substances such as nylon 6-6, a synthetic used to create zip ties, hoses, and carpet fibers, are being considered as a replacement but have yet to be tested.

While such materials may provide the automotive industry with the help they need in facing this crisis, they may also lead to serious problems if they are not used correctly or have unforeseen side effects. Rushed productions for the sake of profit may result in serious consequences, such as major vehicle defects and related auto accidents.

When a vehicle defect cannot be fixed by a dealer or manufacturer after a reasonable number of attempts, the owner can claim the car is a lemon and seek his money back or a new vehicle . Riverside new car lemon lawyer Howard D. Silver has the years of experience and record of success needed to make sure you receive the proper help. For more information, call us at (866) 49-LEMON.

NHTSA Investigation Finds Crashes Caused by BMW Transmission Problems

Mon, 30 Apr 2012 08:25:18 -0800

A probe into the BMW 7-Series luxury vehicle line by the National Highway Traffic Safety Administration (NHTSA) that began in August 2011 has found 16 related crashes. According to CBSNews.com, transmission control problems have been the focus of the investigation, which has been upgraded to an “engineering analysis”. This may signal that a recall is on the way.

The investigation is focused on 122,000 BMW 7-Series vehicles for model years 2002 through 2008. These vehicles use a push-button start and an electronic transmission control. Because of the setup of the controls, some owners have thought the vehicles were in park when they were actually in neutral, causing them to roll away and crash. So far, the 16 crashes that have been linked to the problem have resulted in five injuries and 50 complaints.

When drivers press the engine button that starts and stops the car, the transmission is supposed to automatically shift to park; however, several of the reported vehicles have not done this, leading to unexpected crashes. As of now, NHTSA says its engineering analysis is meant “to further assess the potential safety consequences of the alleged defect.”

When a defect impacts the use, value, or safety of a car and cannot be fixed after multiple repair attempts, your vehicle may be a lemon under California law. Assessing the situation and pursuing restitution in the form of a refund or replacement vehicle, may require the help of high quality legal representation, which Riverside auto lemon law attorney Howard D. Silver can provide. For a free consultation about your case call us today at (866) 49-LEMON.

California-Based Agency Shut Down for Fake Debt Collection

Fri, 27 Apr 2012 08:33:04 -0800

A U.S. district court, in association with the Federal Trade Commission (FTC), has stopped a California debt collection agency from doing business after fraudulently collecting more than $5.2 million from consumers. As reported by The Huffington Post, the company made more than 2.7 million phone calls to 600,000 different numbers across the United States to obtain money that was not rightfully theirs to collect.

According to the FTC, one man created two debt collection companies known as Broadway Global Masters and In-Arabia that he outsourced to call centers in India. The call centers would call consumers across the U.S. and pressure them to make payments. Consumers were told the payments they were making would be applied to their loans. However, the agency did not actually have the right to collect what they were asking for.

Additionally, the company’s unfair debt collection practices violated the Fair Debt Collection Practices Act and the FTC Act by not only fraudulently collecting on loans, but using threats and misrepresentation to coerce consumers into paying. Tactics used by the collectors included foul language and representing themselves as law enforcement officials, and threatening arrest. Currently, almost $1 million has been returned to consumers.

If you or a loved one has been targeted by unfair debt collection practices, you have the right to put an end to such practices. Los Angeles County fair debt collection attorney Howard D. Silver has the skill to successfully put an end to unfair collection practices that are targeting you. For more information call (866) 495-3666.

Attorney Howard Silver Explains How to Process A California Lemon Law Case

Wed, 25 Apr 2012 08:27:28 -0800

Los Angeles lemon law attorney Howard D. Silver has dedicated his career to protecting the rights of consumers and has years of success assisting consumers with their vehicles. Years spent in the field have given Howard Silver an in-depth knowledge of the California Lemon Law formally known as the Tanner Consumer Protection Act.

To get a new replacement car or your money back in exchange for your lemon vehicle, a consumer must meet the following requirements:

Repair Attempts. The vehicle cannot conform to the warranty after a reasonable number of repair attempts. In other words, you brought the vehicle to the manufacturer’s authorized repair facility over and over for a serious problem and it’s still not fixed.
Compensation. If your vehicle is a lemon you are entitled to your money back or a replacement vehicle. This may include rental car charges, payoff of your vehicle loan, DMV fees and reimbursement for your down payment and monthly loan payments.

Navigating the lemon law can be difficult for a consumer. For assistance with your lemon case, call San Bernardino new car lemon law attorney Howard D. Silver at (866) 49-LEMON.

Spotlight on Rosemary Shahan, Champion of California’s Lemon Law

Mon, 23 Apr 2012 08:10:47 -0800

Dealing with defective vehicles has been an issue ever since the first car was produced, but consumer protection laws in California and elsewhere are relatively new. Consumers everywhere can thank advocate and founder of Consumers for Auto Reliability and Safety (CARS), Rosemary Shahan, for championing California’s Lemon Law (the first in the nation) and many other federal vehicle regulations over the past several decades.

As reported on by The Los Angeles Times, Shahan started as a college student in California with a bone to pick with a Volkswagen dealer, who, after promising to repair her car, would neither fix it nor return it after months in the shop. Eventually, Shahan went on to push California legislators to pass a vehicle consumer protection bill, which eventually came into existence as the state’s lemon law in 1982. Since its creation, the law has been mostly copied by all 50 states.

After her victory in California, Shahan went on to create Motor Vehicle Owners Together Ending Ripoffs in Washington, D.C., an organization which helped pass a bill requiring airbags in new vehicles in 1989, and CARS in California. In recent years, Shahan has helped create new vehicle regulations and seeks to regulate car rental companies and the way they handle defects.

Thanks to Rosemary Shahan and others like her, California consumers have the right to seek restitution for their lemon vehicles. However, the search is often difficult, with many manufacturers attempting to prevent consumers from receiving what is owed to them. If you believe your vehicle is a lemon, Riverside new car lemon law lawyer Howard D. Silver can help. For more information call (866) 49-LEMON.

Federal Government Indicts 13 Californians for Las Vegas ATM I.D. Theft Scheme

Thu, 19 Apr 2012 13:13:35 -0800

Thirteen California residents face federal charges for a Las Vegas identity theft scheme involving stealing debit and credit card information from ATMs. According to a report by The Las Vegas Sun, the suspects installed “skimmers” into the exterior door readers of JP Morgan Chase bank branches and pinhole cameras on the ATMs to capture card numbers and customer PINs (personal identification numbers).

The thieves used the stolen information to create counterfeit credit cards. The scheme ran from November 2009 through November 4, 2011. As of now, total losses for identity theft victims have not been revealed.

Being victimized by identity theft can result in serious financial losses and damage to one’s credit rating that can be difficult to restore. Southern California I.D. theft attorney Howard D. Silver has the skills needed to help. For more information, call the Law Offices of Howard D. Silver at (866) 495-3666.

Don’t Let Debt Collectors Intimidate You: Remember These California Collection Rules

Wed, 04 Apr 2012 08:03:33 -0800

Debt collection in California and the nation as a whole has come under increased scrutiny with more collection agencies using unfair debt collection tactics to collect on loans that are in default.

If you are the victim of unfair tactics, it is important to remember a few key facts about your debt and what collectors can and cannot do to make you pay as set forth by Credit.com.

Many threatening statements have no meaning. A collector saying that he or she will mark you as “refusing to pay” or the agency will create deadlines for your payments is false and is meant to scare you into paying.

Under the Fair Debt Collection Practice Act, if a collector calls you at work and you tell them you are not allowed to take such calls, they must immediately and permanently stop calling your workplace.

Understand stale debt. In California, creditors must sue within four years of the last payment on a debt to collect on it; anything older is not collectible. Additionally, seven years and 180 days after your last payment, the creditor can no longer report the debt on your credit report. Watch out for creditors who try to make you pay on stale debt. Any payment may reset the time and make you liable for the debt.

You do not have to typically pay the debt of deceased relatives. More and more creditors are attempting to collect on deceased family member debt. However, unless you were a cosigner or were the person’s spouse when the debt was created, you do not have to pay it.

Riverside fair debt collection attorney Howard D. Silver can help you stop debt collectors from using unfair tactics against you. For more information, call the Law Offices of Howard D. Silver at (866) 495-3666.

I.D. Theft of Microsoft Co-Founder Paul Allen Illustrates Prevalence of the Crime

Mon, 02 Apr 2012 09:53:25 -0800

A 28-year-old AWOL soldier was recently arrested after attempting to steal the identity and gain access to the funds of billionaire Microsoft co-founder Paul Allen. The man, who has been wanted as a deserter since June 2010 for abandoning his position in the U.S. Army, was able to obtain a Citibank debit card in Allen’s name and have it mailed to his Pittsburgh home, according to Business Week.

Reportedly, the man was able to call Citibank and identify himself as Allen to have the man’s home address changed. Three days later he called back to say that he lost his debit card and needed another one reissued at the new address. The identity thief used the card to make a $658 payment to an Armed Forces Bank and attempted to process a $15,000 Western Union transaction. His other activity included purchases at a dollar and video game store. While only the loan payment was processed, police are currently investigating the matter and Citibank is looking into how the man was able to so easily access and change Allen’s account. Allen is one of the wealthiest men in the world with an estimated fortune of $14.2 billion.

Often, wealthy and famous people have their birth dates, addresses, and other personal information posted online which may explain how an identity thief can gain access to their accounts. Unfortunately, with online financial transactions, average citizens can have the same problem but without the added luxury of having enough money to remove such information completely or have a dedicated staff looking after their funds.

Riverside identity theft lawyer Howard D. Silver is committed to protecting the rights and finances of everyday citizens in California and can aid you in restoring your accounts and credit to normal after being victimized by an I.D. thief. For more information on how Mr. Silver can help you, call the Law Offices of Howard D. Silver today at (866) 495-3666.

What Defects Don’t Qualify a Car as a Lemon?

Fri, 30 Mar 2012 08:20:59 -0800

This is the final part of a four-part blog series about determining if your vehicle qualifies as a lemon under California law. Please read the previous entries for further information on California Lemon Law.

There are a large variety of defects that can occur with a motor vehicle. While some defects can cause a dangerous accident or seriously affect the use, value, or safety of a car, others are often viewed as minor annoyances. Under the Song-Beverley Consumer Warranty Act, if the defect does not seriously impact the use, value or safety of a vehicle it is not a lemon.

Recurring defects that may not be serious enough for lemon law protection include:

Recurring Noises: Minor squeaks and rattles are usually seen as a nuisance only.
Smells: Unpleasant smells can be serious enough to qualify for lemon law protection. However, minor smells or smells that affect only a hyper sensitive consumer probably do not qualify for protection.
Air Conditioning Problems: While some problems can qualify for lemon law protection, others, due to consumer oversensitivity or unique requirements (extremely hot or extremely cold temperatures) do not qualify.

These and other non-lemon conditions are often seen as dependant on the personal opinion of the consumer and not as objective defects. In deciding whether the defect in your case warrants lemon law protection, evaluate your situation from the perspective of a reasonable person or average consumer and ask yourself, is the problem serious enough to justify receiving your money back or a replacement vehicle.

For experienced lemon law legal representation, call Los Angeles new car lemon lawyer Howard D. Silver at (866) 49-LEMON.