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When many of our clients think of California lemon laws, they think of statutes that protect consumers against the fraud committed by automotive dealers and manufacturers. We remind our clients that California consumer protection laws that address automotive fraud also apply to other consumer goods, including the products created by electronics manufacturers. With an average of 57 million Americans shopping for electronics every year, the potential for fraud is extremely high. From Smartphones to high definition televisions, one California law offers consumers optimal protection against defective electronics products.
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Car Accidents Occur Annually caused by Lemons on the Road
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Cars Recalled Annually in California
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Cars Recalled due to Safety Defects by the NHTSA
California lemon laws offer consumers legal protection for up to seven years. Often referred to as the most recognized California lemon law, the Song-Beverly Consumer Warranty Act offers California consumers legal protection against the purchase of electronics that exceed more than $100 in value. If an electronics product requires a replacement part or if it fails to operate according to manufacturer specifications, the manufacturer must provide the replacement part or offer a new electronics product.
According to the Office of the California Attorney General, “The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer.” However, the Song-Beverly Consumer Warranty Act does not require electronics manufacturers to inform consumers about warranty coverage. This means California consumers must educate themselves about the comprehensive legal protections granted under the Song-Beverly Consumer Warranty Act.
The Song-Beverly Consumer Warranty Act contains legal language that requires clarification. We've broken it down into two categories. First, you need to give the dealer a Reasonable Number of Repair Attempts. Second, the Purchase Price of the car.
It is impossible to associate a number with the legal term written into the most powerful; California lemon law. “Reasonable” means different things to different judges who litigate defective electronics cases. In most cases, the severity of defective electronics parts determines the “reasonable number” of repair or replacement attempts. Our team of experienced California consumer protection attorneys applies pressure to electronics manufacturers to ensure “reasonable number” means more than one attempt to fix defective electronics.
Several legal precedents define purchase price as the price consumers would accept instead of receiving replacement products. Most consumer protection cases covered under the Song-Beverly Consumer Warranty Acts calculate purchase price as follows:
Expanded Warranty Coverage
Purchase Price of Electronics products
Sales Tax
Price of Manufacturer optional Features
Consumers who enjoy the protections offered by the Song-Beverly Consumer Warranty Act have a four-year statutes of limitations to initiate legal actions against electronics manufacturers. Remember the statutes of limitations decreases for consumers who file defective electronics lawsuits against manufacturers after the third year of ownership. The landmark California consumer protection law only covers defective electronics products for seven years after the purchase of the products.
The legal protections granted by the Song-Beverly Consumer Warranty Act represent a strong example the rights enjoyed by California consumers. However, you must proactively exercise the rights created under California consumer protection statutes. Not only do electronics manufacturers fail to notify consumers about warranty coverage, most electronics manufacturers aggressively contest any legal action filed by consumers who purchase defective electronics.
We strongly urge California consumers who are stuck with broken down electronics products to contact a license attorney to get the legal ball rolling. We offer a convenient online contact form for you to complete or you can call our office today to schedule a free initial consultation. Our licensed team of consumer protection law attorneys will help you determine if you have the legal standing to file a lawsuit under the Song-Beverly Consumer Warranty Act.
