Tag Archives: lemon law attorney

Lemon Law Attorney Exposes Cramming Scam

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Like any other small business owner, California lemon law attorney Kurt Delsack is trying to keep his expenses down, so when he noticed and unauthorized charge on his phone bill, he decided to investigate. The charges came from a third-party billing company called Operated Assistant Network (OAN), and according to Kurt’s investigation, he wasn’t the only person being scammed.

The Federal Communications Commission says about 15 to 20 million households are overcharged on their telephone landlines, costing consumers almost $2 billion a year. Also known as, “cramming”, the overcharges come from third party billing companies for features like voice mail and call waiting. Because these charges are buried within the phone bill only about 5% of households even realize that they are victims.

Don’t become a victim. There is something you can do:

  • Know your phone bill, so you can recognize unusual charges. Most local phone companies require you to opt out or shut off any third party billing, so make sure you contact your phone company to do so.
  • Don’t provide your name, address and phone number for promotions, coupons and sweepstakes without knowing exactly where it’s going. That’s how scammers get your OK to charge you.
  • Contact your phone company right away to dispute any charges you didn’t authorize. You should also contact the third party provider and make sure they are permanently removed from your bill.

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After Kurt talked to Verizon, they reimbursed him for one year of the charges. But now he checks his bill more carefully.

California Lemon Laws And Small Business Vehicles

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A recently settled lemon law case in California is making it easier for small business owners to exercise their lemon law rights when it comes to vehicles used primarily for the business. Currently the law states that cars and small trucks purchased for personal use are covered under the law, but vehicles used primarily for business, weighing 10,000 pounds or more are not included. In the aforementioned case, the business owners trucks weight was under 7,000 pounds, but because the fully loaded weight was 10,000 pounds it did not qualify under the California lemon law. After a four year battle, courts finally sided with the business owner, saying that the vehicles actual weight and not the fully loaded weight, is what counts. This case will set the precedent for auto makers and future lemon law cases in California involving small business owners and their trucks used primarily for their business.

Flooded Vehicles Complicate The Lemon Law

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Any time there is major flooding in an area, the increase of flood damaged vehicles on the market also increases. Many of these these vehicles have been picked up by “middle men”, who take them to states unaffected by flooding, and unload them. Consumers looking to buy a vehicle may not suspect a vehicle as being flood damaged, and because they have been quickly “unloaded”, obvious sings may not be noticed right away. But, “Water Leaves Lasting Damage!” When problems start to arise, there is no protection for a flooded lemon. As soon as an auto manufacturer knows the vehicle has been flood damaged, it is difficult to get it bought back under the lemon law.

Your best bet is to avoid buying these vehicles all together. Here are a few tips to help you avoid buying a flood damaged vehicle.

  • Moisture and Dirt: Moisture and gritty dirt in lights, the glove compartment, console, under seats and under the hood are a good sign the vehicle has been flooded. Many of these vehicles have been cleaned up and dried out, but missed areas is a good give away.
  • Moldy Smell: Carpets and seats take a long time to dry out and it doesn’t take long for odors to appear. You may also notice fuel and oily smells that may have gotten into flood waters.
  • Mismatched Interior Components: Mismatched components, could be a sign that parts may have been changed in a hurry after the vehicle was pulled from flood waters.
  • Malfunctioning Electrical Devices: The electrical components will be the first thing affected by flood water. Corrosion on connections and water damage on electronic circuit boards could lead to electrical system glitches or systems not working at all.
  • Get The Vehicle Inspected: Even if your don’t suspect the vehicle of flood damage, you should still get the vehicle inspected. A trained technician knows what to look for and will notice anything odd about the vehicle.
  • Get The Vehicles History Report: Finding a vehicles history report is as easy as entering the vehicle identification number (VIN), but it is not a guarantee the vehicle has not suffered water damage. Look for signs that the car has recently been titled in multiple states, especially if it has been recently titled out of flood areas or into areas where damage disclosures don’t exist.

If you suspect a vehicle has been involved in a flood, “Don’t Buy It!”. It could take a while before problems start to show up, and the price of replacement costs not covered under warranty could far outweigh the “great deal” you got when you purchased the vehicle.

How To Choose The best Lemon Law Firm

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California lemon law specialist Kurt Delsack gives some pointers on how to find the best lemon law attorney. The most important decision in winning your lemon law case is choosing the right attorney. Many law firms offer lemon law services, but only experienced lawyers dedicated to the lemon law will be able to resolve your case fast and efficiently. The law offices of Delsack & Associated have been around since 1987 and are dedicated exclusively to the practice of the California lemon law. If you are in California and think you have a lemon vehicle call 1.888.ExLemon (888.395.3666) or fill and submit the lemon law form and see if you qualify under California’s lemon law.

Auto Industry Tops Consumer Complaints

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According to a consumer complaint survey report, the category most complained about by consumers in 2010 was the auto industry. The survey, carried out collectively by the Consumer Federation of America, the National Association of Consumer Agency Administrators, and the North American Consumer Protection Investigators, looked at over half a million complaints in different states around the country. For a second year in a row, they found that automobile related problems topped the list. Some of the most complained about categories included misrepresentations in advertising or sales of new and used cars, lemon vehicles, faulty repairs, leasing and towing disputes.

Seven Steps To A Good Lemon Law Defense

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If you think you own a lemon these are the 7 most important defenses to create a good lemon law case to help to get your car repurchased.

  • Bring your car in early. At the first sign of a manufacturing problem get a repair order from an authorized dealer. If the manufacturer buys your car back, the lower the mileage of the first repair, the lower will be the use fee deduction, and the greater the amount you may get back.
  • Always get a copy of the work order when you leave the vehicle; and always get a copy of the actual completed repair order when picking up the vehicle. Be sure the work order accurately shows your complaints. If the problem recurs, even if only 5 minutes later, get a new and separate repair order. Do not let the dealer add on to the earlier one. If possible, have the technician write on the repair order that they verified your complaint.
  • Be consistent in your complaints. The California lemon law states that the manufacturer must be allowed a reasonable number of repair attempts to fix the same problem. So be sure that the way your complaint is written on the repair order shows that you are describing the same problem.
  • Check the technical service bulletins or TSBs. These are issued by manufacturers for common defects for your specific year and model. Usually the dealer will not tell you about TSBs, unless you ask. Even if they tell you none exist, make sure that your request is written on the repair order. Check our website at calemonlaw.com to see the current technical service bulletins for your car.
  • Watch out for bad advice. Dealer service personnel are not lawyers. They may give you bad advice about the California lemon law which may affect your decision about how to handle your problem. If you have a question call us. Don’t be swayed by remarks that you are the cause of your car’s problems, like you don’t know how to use the brakes, or the NAV system, or it’s because you live on a hill, or you are using bad gas. These are just excuses for a problem the dealer doesn’t know how to fix.
  • Watch out for arbitration. Some manufacturers suggest that you have to go through arbitration before you can use the California lemon law. That is not true! In fact, it can be very dangerous because the ruling of an arbitrator has the same effect as if it were a decision made in a court of law. And if the ruling is against you, it could then become considerably more difficult to later win your case.
  • The final step is to call our offices for a free consultation as soon as you think you have a lemon. And in most cases we will not charge you any fees for handling your lemon law case. So call us today at 888 ex lemon or 888-395-3666 or complete the short submittal form on our website calemonlaw.com.

Life is too short to live with a lemon, especially if we may get rid of it for you and get you your money back. We look forward to hearing from you.

  • California Lemon Law in Los Angeles: 310-475-1700
  • California Lemon Law in San Francisco: 415-285-5366
  • California Lemon Law in Fresno: 559-382-0359
  • California Lemon Law in Long Beach: 562-282-9909
  • California Lemon Law in Oakland: 510-545-9083
  • California Lemon Law in Orange County: 949-856-4333
  • California Lemon Law in Palm Springs: 760-395-1000
  • California Lemon Law in San Diego: 619-229-6900
  • California Lemon Law in San Fernando Valley: 818-837-0500
  • California Lemon Law in San Jose: 408-681-8033