A lemon is a new vehicle that possesses manufacturing defects. The defects are usually found to affect the value, safety and purpose of the vehicle. As such, a vehicle that possesses irredeemable issues with one or various parts qualifies as a lemon.  Realistically, more than 1% of vehicles sold yearly in the United States are lemons. It is quite disheartening to purchase a brand new car and discover that it is a lemon. Thankfully, there are state and industry safeguards in place to significantly lessen the likelihood that you will purchase a lemon. However, it still occurs. Here are some tips on how to find resolve if you find yourself the owner of a lemon.

Florida’s Lemon Law and How it Works

Florida has a statute that addresses the issue of lemons. Pursuant to the statute, a buyer who discovers a defect has three attempts to fix the defect. If the defect is recurring after the third attempt, then the manufacturer of the vehicle has a last attempt to fix the defect. If the manufacturer fails to fix the defect, then the vehicle is deemed a lemon and the case falls under the umbrella of Florida’s lemon law. At this point, the buyer has the right to obtain a refund of the purchase price or a replacement car. The car being in and out of the shop for 30 days can also trigger the Florida lemon law.

How to Approach Your Lemon Case

If a brand new car presents defects, it is wise to immediately report those defects to the manufacturer. Make the notification in writing or in an official form with the respective date visible. This is imperative because manufacturers can argue “inadequate notice” as a way to refuse to provide a replacement or a refund. Aggressive manufacturers can also point the finger at the owner of the vehicle. They can argue that the defect is not due to a manufacturer error, but in fact, due to accident, wear and tear or even neglect. Owners must document all repairs and usage if they are dealing with predatory manufacturers who are resistant to lemon laws. Further, an owner of a defective car may find themselves bound to an arbitration clause thus restricting them from seeking in-court redress. Buyers should be aware of the rights they are signing away as it relates to manufacturing defects. Still, Florida’s lemon is clear and resistant manufacturers who sell cars in the state must abide by it.

Florida Lemon Law Attorney

Sweeney Law, P.A. can help guide you through the many steps of dealing with a lemon car. Consumers must know their rights and obligations when it comes to lemon law. Consumers must also be aware of fraudulent and predatory dealings by manufacturers who refuse to abide by the various state laws and regulations. Do not fall victim to a defect car transaction. Florida attorney Brendan A. Sweeney has years of experience advising, representing and arbitrating lemon law cases. Contact us now for a consultation.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0681/0681.html

The Florida Consumer Collection Practices Act establishes legal protections to eliminate deceptive and abusive debt collection practices. The Act covers practices by both debtors and creditors. FCCPA supplements the Fair Debt Collection Practices Act, which provides the same protections under federal law. FCCPA adds additional protections for consumers conducting business and those engaged in financial transactions in the state of Florida. Therefore, FCCPA provides greater protection for transactions arising out of the state of Florida and transactions concerning its residents.

2. Debt Collectors Cannot Engage in Certain Tactics
   

Under FCCPA, debt collectors are prohibited from engaging in a wide range of abusive and deceptive practices. Debt collectors cannot (1) use threats or violence, (2) contact third parties about the debtor’s debt, (3) berate family members, (4) contact the debtor after 9 p.m. and before 8 a.m., (5) seek to continue corresponding with the debtor after the debtor has retained counsel, and (6) contact the debtor pretending to be a law enforcement officer (Section 559.72). Above are just a few of the many practices prohibited under the FCCPA. As evident, the law strives to maintain professionalism in the practice of debt collection. For the debtor, the law seeks to alleviate some of the burden that comes along with being the subject of a collections action.

3. FCCPA Requires Creditors to Register

FCCPA seeks to utilize administrative remedies and processes to resolve disputes between the debtor and creditor. First, the FCCPA provides that all creditors must register with the state of Florida. The registration enables the entity to collect debts in the state. The registration also permits the state to track the activities of the creditor. As a result, if the state finds that a creditor is engaged in abusive behavior, the state can revoke or suspend its registration. A creditor who fails to register with the state is subject to a hefty administration fine. The rule covers creditors of all sort including the traditional collection agencies to attorneys.

4. Creditors Can Seek Civil or Criminal Remedies

A debtor can seek civil or criminal penalties against creditors who engage in deceptive and abusive practices in violation of FCCPA. This occurs when the debtor has exhausted their administrative remedies. In this scenario, the debtor can bring suit against the creditor in a county court. If the creditor fails to successfully defend the case, they are required to pay actual damages, statutory damages, court costs, and reasonable attorney’s fees. Interestingly enough, the criminal aspect of the FCCPA is covered under the registration rules. A creditor who does not register is subject to a misdemeanor charge. The charge is a more serious one if it is coupled with fraud or concealment. Even if the debtor pursues a case under FCCPA, they should keep in mind that they may also have some form of redress under federal law.

Fort Lauderdale Consumer Lawyer

Attorney Brendan A. Sweeney is an experienced consumer law attorney with years of experience litigating and advising on FCCPA issues. He has represented countless companies and private individuals in their consumer law cases. Contact us now for a consultation.

Resource:

ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text