Miscellaneous

"Connecticut Lemon Law Gives Consumers a Choice" by Sergei Lemberg

Sergei Lemberg, a Connecticut lemon law attorney,  is sitting in the guest blogger?s chair today.

Connecticut was the first state in the nation to enact a lemon law that gives consumers recourse when they?ve discovered they?ve purchased a defective vehicle. That was over 25 years ago, but the law is still working hard to protect the people of Connecticut.  There are generally two avenues for prosecuting lemon law claims: CT state-run lemon law arbitration program and the courts. Consumers may choose their venue.

Late last spring, we were surprised when, after we filed a routine lemon law complaint in court, Volkswagen responded with a motion to strike down our claim. The manufacturer held the view that Connecticut?s lemon law only allows consumers to take action through the state Attorney General?s arbitration program ? not directly to court.

The court ruled that, when the legislature amended Connecticut lemon law and directed the Connecticut Department of Consumer Protection to launch an arbitration program, their intent was not to preclude people from their private right of action.

It goes without saying that we agreed with the judge?s ruling, but the affirmation reinforced that consumers can choose between the court system and the arbitration program when manufacturers won?t step up and buy back or replace defective vehicles.

Full post as published by Lawsagna on September 26, 2008 (boomark / email).