Roseman Law Firm, PLLC Pittsburgh Lemon Law Attorney | Roseman Law Firm, PLLC2024-03-13T14:35:33Zhttps://www.helpforlemoncars.com/feed/atom/WordPress/wp-content/uploads/sites/1502125/2020/03/apple-touch-icon-75x75.pngOn Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=475802024-03-13T14:35:33Z2024-03-13T14:35:33ZRear axle recall
The first recall is one that involves approximately 381,000 Toyota Tacoma pickup trucks. The issue is a manufacturing error for the 2022 and 2023 models. During the manufacturing process, welding debris wasn’t removed from the tips of the axle.
Because of this dangerous oversight, parts can separate on the axle due to loose retaining nuts. This issue can lead to severe crashes because it can negatively impact the driver’s ability to brake. It can also affect the vehicle’s stability while it’s in motion.
The recall instructs Tacoma owners to bring the vehicle to a dealership to have the retaining nuts tightened. The manufacturer will also replace components that have already been damaged. Reimbursement is possible if owners have already had the job done. If the issue isn’t fixed in accordance with the requirements of the Lemon law, owners may have legal recourse.
Transmission recall
The second recall affects around 280,000 Toyota and Lexus vehicles. Lexus is owned by Toyota and the two companies share specific components and parts from third-party companies.
This recall affects:
Toyota Tundra, including Tundra Hybrid: 2022 to 2024
Toyota Sequoia Hybrid: 2023 to 2024
Lexus LX600: 2022 to 2024
The safety issue at the heart of this recall has to do with the transmission. There’s a chance that the transmission may not fully disengage when it’s shifted out of drive. This can lead to the vehicle moving forward at slow speeds, typically up to around 4 miles per hour. There’s no indication of a fix, if any, that will be provided under this recall. Defective vehicles may fall under the Lemon law if a manufacturer doesn’t effectively correct the issue.
State Lemon law require that manufacturers fix defective vehicles if the repairs for the issue meet certain requirements and the vehicle comes within certain age and mileage limits. If manufacturers fail to perform effective repairs, there’s a chance that the matter violates the Lemon law. Anyone facing that type of situation should seek legal assistance to determine what courses of action are possible.]]>by Christina Rosemanhttps://www.helpforlemoncars.com/?p=475772023-12-11T14:36:50Z2023-12-11T14:10:01ZProcedures for Title Signing
Under the Odometer Act, when a vehicle is sold, the seller must write the current mileage on the assignment portion of the title unless the vehicle is exempt from mileage disclosure. The seller must sign to certify that the mileage is accurate to the best of its knowledge, that the mileage exceeds the mechanical limits (for older vehicles with analog odometers), or that there is an odometer discrepancy. The title is signed by the purchaser only after all of this required information has been filled in and signed by the seller.
Dealers Ignore Title Requirements
Unfortunately, some car dealers have customers to sign the title before any of the required information is filled in. When this happens, the dealer can mark the title not actual miles or a higher mileage than what was disclosed. A higher mileage or not actual miles vehicle is worth far less than a vehicle with a lower or accurate odometer.
How to Prevent Odometer Fraud
Most vehicles are financed, so the title is sent to the lender and not the purchaser. When the title goes to the lender, it can be years until the purchaser sees the incorrect mileage or odometer status. If a dealer wants you to sign a title before the
odometer information is filled in and signed by the seller, your best course of action is to walk away. If you can't, take a picture after you sign the title so that the dealer can't add an incorrect mileage or mileage status later.
If you are concerned that a dealer may have not been truthful in an odometer disclosure in a vehicle that you purchased, contact Roseman Law Firm.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=474022023-10-10T05:14:55Z2023-06-09T14:36:39ZLeased vehicles are not transferred
In addition to owners of purchased vehicles, the WV Lemon Law includes anyone to whom a vehicle under warranty is transferred to and anyone entitled to enforce a vehicle warranty. For the provision for transferred vehicles, the owner of a leased vehicle is usually a lease trust and not the person who signed the lease the vehicle. The person leasing the vehicle has authority to drive the vehicle but has the vehicle been transferred to the driver? If transfer is understood to be transfer of title, then no, the person leasing the vehicle likely would not be considered a person to whom the vehicle was transferred.
Drivers of leased vehicles can enforce the warranty
The West Virginia Lemon Law also covers individuals entitled to enforce the warranty. A consumer leasing a car absolutely has a right to enforce the warranty. Therefore, a person leasing a vehicle in West Virginia is eligible to file a claim under the West Virginia Lemon Law, even though the Lemon Law does not explicitly mention leases.
If you are having problems with your vehicle in West Virginia, contact Roseman Law Firm to see if your car qualifies as a lemon.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473962023-10-10T05:15:25Z2023-05-11T14:27:08ZWhat to do if you misplaced the ad
It still may be possible to recover the ad without a subpoena if it has not been very long since the purchase. The first step is to check the dealer website. The vehicle may still be listed for sale if the dealer did not take out down yet or may be listed as sold.
If it is not on the dealer website, run an internet search on the VIN or Vehicle Identification Number. If there is a search result on Google for the dealer website but the VIN is crossed out, there may be three dots (like this …) next to the top of the search result. Click on that and see if there is a button for a cached version of the ad. If there is one, it may not look the same as the original ad but if it has the same information in text format, that is still helpful. Print or do a screen shot of the entire page of the ad.
You may also find listings for your VIN on third party car sales sites.
Recourse options if your vehicle was fraudulently advertised
Selling a car that is not what was advertised can violate multiple state and federal laws. If you believe the car you purchased does not match what was in the ad for that vehicle, contact Roseman Law Firm.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473912023-10-10T05:15:47Z2023-05-05T13:15:20ZWhat happened?
The Consumer Financial Protection Bureau (CFPB) filed a request with the courts to hold Portfolio Recovery Associates responsible for inappropriate debt collection practices. The allegations against the company include pursuing debts outside of the legal window of time to so do, engaging in collection activity without having or providing documentation about the validity of the debt and the failure to properly review consumer complaints.
Portfolio Recovery Associates is one of the biggest debt-collection organizations in the country, and they could face a court order to pay as much as $24 million to consumers for the organization’s abusive and allegedly illegal debt collection practices. The company has already faced similar orders in the past, including one in 2015 for $27 million.
Informed consumers can assert their rights
People who don’t recognize that the refusal to provide information, the use of threats or coercion, the attempt to collect on an invalid debt or the violation of someone’s agreement with a company could all lead to consumer protection actions brought by those facing debt collection efforts.
Only when consumers speak up and fight back can they potentially curtail the abusive practices sometimes employed by financial organizations and the collection companies that they hire. A lender that promises to let someone keep a car if they make payments and then repossess it anyway or a collection company that threatens someone may have violated that borrower’s rights.
Recognizing when an automotive financing company may have violated consumer protection laws can help those with financed vehicles fight back against unlawful company conduct with the assistance of an experienced legal professional.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473882023-10-10T05:16:08Z2023-04-19T19:27:13Zinadequate front crash protection for passengers seated in the rear.”
Why is this an issue?
This has been highlighted because many safety innovations and different types of technology have been focused on front-seat safety. With past generations of vehicles, back seats were correctly assumed to be safer because most fatalities took place in the front. Additionally, most people drive alone – such as during their morning commute – so automakers focused on safety features for those in the front.
But what these new reports show is that safety in the back seat has not been keeping up. The assumption that a rear seat was automatically the safer place to be has proven problematic. Innovations have not kept people in the back nearly as safe as one would assume, and front-seat safety has now surpassed them. This is potentially problematic for anyone, but especially for those who are purchasing these vehicles specifically as family vehicles.
Safety in cars is very important and manufacturers should continue to stay alert on the latest technology in order to help combat injuries in auto accidents. They also need to ensure no defects are present that could compromise the safety of drivers and passengers.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473852023-10-10T05:16:31Z2023-04-03T17:20:01ZTwo Korean car manufacturers have just issued a massive recall alert, while simultaneously urging the owners of over half a million vehicles to park their cars and minivans outside, well away from any buildings.
The reason for the recall is a fear that the vehicles could catch fire, even when switched off.
Which vehicles does the recall affect?
The recall covers the following Hyundai vehicles:
2019 to 2023 Santa Fe
2021 to 2023 Santa Fe Hybrid
2022 and 2023 Santa Fe Plug-in hybrid
2022 and 2023 Santa Cruz
It also covers all 2022 and 2023 Kia Carnival minivans.
What’s the problem leading to the recall?
This issue is associated with the tow-hitch harnesses. The manufacturers say that if water gets into the hitch’s circuit board, that could cause it to short-circuit and start a fire. That could be dangerous enough if the car is parked somewhere in an open lot or on the street, let alone while driving. It could also be a disaster if the fire starts while in an underground parking deck or someone's garage.
Have there actually been any fires, or is it just a precaution?
To date, there have been five such fires in Hyundai vehicles, but none yet in Kias.The manufacturers should send the owner a letter sometime in May asking owners to bring the car in to remove the fuse. That’s a temporary workaround to avoid keeping the vehicle parked outside. Later, they plan on installing a wire extension kit and new fuse. It’s good to see that manufacturers have spotted the fault and are taking positive action. Yet that doesn’t always happen, or happens after owners have experienced the fault. Sometimes you’ll need legal help to get the treatment you deserve if you’ve been sold a car with issues.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473732023-10-10T05:16:53Z2023-01-21T00:10:46ZWhat is a mechanic’s lien?
A mechanic’s lien is a lien placed on property for a claim of unpaid bills. A subcontractor who is not paid by a contractor for work performed can file a lien on a property even if the owner had fully paid the contractor. A mechanic’s lien will essentially prevent a property from being sold or refinanced until the lien is paid. Aspen Contracting and other subcontractors hired by Pink Energy to work on home solar panels under warranty have sent letters threatening mechanic’s liens after they were not paid by Pink Energy.
Pennsylvania rules for mechanic’s liens
Under Pennsylvania law, a subcontractor cannot file a mechanic’s lien if the following three requirements are met:
The homeowner paid the full price to the contractor,
The property is used as the residence of the owner, and
The property is a single townhouse or building with one or two dwelling units.
If a subcontractor made repairs or inspected a Pink Energy home solar power system, the homeowner likely did not pay separately for the service because it was under the Pink Energy warranty. The warranty was part of the purchase price for the system when it was originally financed. Even if payments are still being made on the loan for the solar installation, the contractor received full payment from the bank that financed loan. If the contractor, Pink Energy, received full payment for a home solar energy system that included a warranty, the contractor received full payment for service under the warranty. Based on these rules, a subcontractor does not have a right to file a mechanic’s lien against a home in Pennsylvania for service under the Pink Energy warranty because Pink Energy received full payment. Any lien on a home under these circumstances would be invalid.
Lien threats from servicers
Companies performing service under a solar power warranty should not threaten homeowners with filing a mechanic’s lien that is invalid under the law. If a company that performed inspection or repairs on your solar power system under warranty threatens to file a mechanic’s lien, you may be able to prevent or remove the lien.
Contact Roseman Law Firm for a free consultation to learn more out your rights.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473282023-10-10T05:17:19Z2022-10-11T13:57:26ZDon’t leave important items behind
Anything valuable or essential should be removed from the vehicle. Do not leave your expensive work tools, your cell phone or jewelry in the car. The same goes for your child’s car seat if you don’t have a back-up. Sure, the repossession company is supposed to hold personal items to allow you to retrieve them for a short time, but if your belongings are missing, the repo company will say that they were not in the car and it will be very difficult for you to prove otherwise
Put your cellphone to work
Take some pictures with your cell phone of the outside of the car from all angles. Vehicles are often damaged when they are towed, and the lender will claim that the vehicle was damaged before the repo. Those pictures will be your evidence that the damage was caused by the repossession.
Don’t rely on the lender’s recording
Lenders and dealers will agree to accept a late payment and then repossess the car anyway. If the lender or dealer gives an extension on the due date for your payment, document that agreement. Ask the lender or dealer to send an email or text verifying the extension. If they refuse, send an email or text confirming the extension or send a confirming letter to the address where you send your payments.
You could also record the phone call confirming the agreement if you are in a one-party consent state, or if you ask for permission from the customer service agent. Do not rely on getting a recording of the phone call from the lender or dealer. While most customer service lines say that the call may be recorded, that doesn’t mean it actually is recorded. Even if a recording exists, it is unlikely the lender or dealer will voluntarily turn over the recording and getting the recording with a subpoena is time-consuming and expensive.
What to avoid
While there is a temptation to hide the vehicle to avoid repossession, that is rarely helpful. If the lender or dealer has a court order for the repossession, you could face criminal charges for hiding the vehicle.
If you have a dealer-installed GPS tracker on your vehicle, do not remove it. Your purchase agreement probably says that removal of GPS tracker is not permitted under the terms of your financing. One of the ways to fight a repossession is by showing that the loan was not in default. If the loan was not already in default, it will be if you remove the GPS tracker.
There are still legal protections even if the payments were behind when a vehicle was repossessed. If you believe that your rights were violated when your car was repossessed, contact Roseman Law Firm for a free consultation.]]>On Behalf of Roseman Law Firm, PLLChttps://www.helpforlemoncars.com/?p=473212023-10-10T05:17:41Z2022-09-21T17:00:49ZRushed into the market?
The recently filed class action lawsuit against the manufacturer revealed “phantom braking,” where Tesla cars would suffer unexpected and arbitrary stops. The issue is also the subject of a National Highway Traffic Safety Administration (NHTSA) investigation.
Jose Alvarez Toledo, a consumer so confident in the “marketed dependability and safety” of the cars, “ purchased a 2021 Tesla Model 3 on August 26th. He filed the initial lawsuit as a lead plaintiff. Toledo claims that the manufacturer’s drive to innovate for the consumer market led to accelerating the testing of the advanced driver systems (ADAS) and rushing it to market.
A failure to warn?
Consumers who are part of the lawsuit also question the vehicle’s readiness and safety, claiming that Tesla did not inform them about the defect in the Autopilot and Automatic Emergency Braking (AEB) features. According to the plaintiffs, the technology engaged the brakes, suddenly reducing vehicle speed by approximately 50 percent.
Complaints currently number more than 750 others since 2019, with consumers citing similar defects resulting in slow-downs and outright stops. The problem is also supported by the company’s pre-production testing, buyer complaints, dealership preparation orders, warranty data, and NHTSA investigations.
Even the small print in the manual document false AEB activations are noted in the owner manuals.]]>