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60 Second Lemon Law Assessment™
60 Second Lemon Law Assessment™
When you realize your new car is a lemon, it’s easy to feel powerless against a massive auto manufacturer. But consumer protection laws are designed to level the playing field. These statutes give you a powerful voice and a clear process for holding companies accountable for their faulty products. You have the right to demand a resolution, but knowing how to do it correctly is key. This article will demystify the process, explaining how to document your repair attempts, understand your state’s specific rules, and take the necessary steps for how to file a lemon law claim that gets results.
Feeling stuck with a car that spends more time in the shop than on the road? You’re not alone, and more importantly, you’re not without options. This is where Lemon Law comes in. It’s a set of consumer protection laws designed to help people just like you. These laws exist at both the state and federal levels to hold manufacturers accountable for selling defective vehicles. In simple terms, if you buy or lease a vehicle that has a significant defect the manufacturer can’t fix after a reasonable number of attempts, you may have a lemon.
These protections typically apply to new vehicles still under the manufacturer’s original warranty, but some states also extend coverage to used or leased cars. The goal is to ensure you don’t have to bear the financial burden of a faulty product. Instead of being stuck with a vehicle that doesn’t work, these Lemon Laws provide a path to get your money back or receive a comparable replacement vehicle. It’s about making sure you get the value and reliability you paid for. These laws protect consumers from a wide range of vehicle issues, from faulty engines and transmissions to persistent electrical problems. If a defect substantially impairs the vehicle’s use, value, or safety, you likely have a case.
If your vehicle is officially a lemon, the power is in your hands. You have the right to choose the remedy that works best for you. The two primary options are a replacement vehicle or a full refund of the purchase price. It’s important to know that the manufacturer cannot force you to accept a replacement if you would rather have your money back; the choice is yours. Before you can secure either of these outcomes, you must give the manufacturer one final opportunity to fix the problem, depending on your state. This involves sending a formal written notice, usually by certified mail, detailing the issue. This step is a critical part of the process and shows you’ve done everything possible to resolve the situation directly. You can find answers to more specific questions in our Lemon Law FAQs.
It’s helpful to think of Lemon Law protection as having two layers: state and federal. Each state has its own specific Lemon Law, and the rules can differ quite a bit from one place to another. For example, the law in Ohio might have different requirements than the one in Florida regarding how many repair attempts are needed or whether used cars are covered. Some states might exclude certain vehicles, like motor homes, or have specific weight limits.
In addition to state laws, there’s a powerful federal law called the Magnuson-Moss Warranty Act. This law acts as a safety net, providing protection for consumers with defective products that come with a written warranty, including both new and used vehicles. The Federal Lemon Law can often help in situations where a state law might not apply, giving you another important tool to protect your rights.
It’s one of the most frustrating feelings: your new car spends more time at the dealership than in your driveway. While any car can have a minor issue, a “lemon” is a vehicle with a significant, repeated problem that the manufacturer can’t seem to fix. The good news is that you have rights. State and federal Lemon Laws are designed to protect consumers from being stuck with a defective vehicle.
So, how do you know if your car crosses the line from being a nuisance to being a legal lemon? While the specifics can change from state to state, there are three main criteria that most laws look at. First, the defect must be substantial, meaning it seriously affects the car’s use, value, or safety. A rattling speaker is an annoyance, but a faulty transmission is a substantial defect. Second, you must have given the manufacturer a reasonable number of chances to repair the problem under warranty. Finally, the car may qualify if it has been out of service for repairs for an extended period. If your situation checks these boxes, you may have a strong case for a refund or a replacement vehicle. Understanding these core principles is the first step toward getting the resolution you deserve.
Not every rattle or glitch will qualify your car as a lemon. The law focuses on “substantial defects.” Think of problems that compromise the core function of your vehicle. This includes major issues with the engine, brakes, transmission, or steering system. A defect is also considered substantial if it significantly lowers the car’s resale value or makes it unsafe to drive. For example, a faulty airbag sensor or persistent engine stalling would almost certainly count.
On the other hand, minor annoyances like a finicky radio, a loose piece of interior trim, or a glove box that won’t close properly usually don’t meet the standard. The key question to ask is: Does this problem prevent me from using my car as it was intended, or does it put me or others in danger?
The law requires you to give the manufacturer a “reasonable number of attempts” to fix the defect before you can file a claim. While this sounds vague, most states provide clear guidelines. Typically, if a dealer has tried to fix the exact same substantial problem three or four times without success, the law presumes the car is a lemon.
This threshold can be even lower for very serious safety issues. A defect that could cause an accident or serious injury might only require one or two repair attempts to qualify. It’s crucial to keep detailed records of every visit to the service center, as this paper trail is the evidence you’ll need to prove you’ve met the requirement. If you have more questions about your specific situation, our Lemon Law FAQs can provide additional clarity.
Another way your car can qualify as a lemon is by being out of service for an extended period. Most states have a rule that if your car is in the repair shop for a cumulative total of 30 days or more within a specific timeframe (usually the first year or 18,000 miles), it meets the lemon law standard.
It’s important to know that these 30 days do not have to be consecutive. You can add up the time from several different repair visits. For example, if your car was in the shop for 10 days in May, 15 days in July, and another 6 days in September, you’ve hit a total of 31 days. This rule applies even if the dealer was working on different issues. The bottom line is that you were without your vehicle for a significant amount of time, which is often enough to pursue a claim under your state’s regulations, like the Ohio Lemon Law.
Before you officially file a claim, taking a few preparatory steps can make all the difference. Think of it as building the foundation for your case. Getting your ducks in a row now will help the process run much more smoothly and strengthen your position. These three steps are absolutely essential for anyone considering a Lemon Law claim.
This is the most critical part of preparing your claim. Without a strong paper trail, it’s your word against the manufacturer’s. Start gathering every piece of paperwork related to your vehicle’s defect and the attempts to fix it. This includes service invoices, work orders, receipts, and any correspondence you’ve had with the dealership or manufacturer. For every interaction, jot down the date, the name of the person you spoke with, and a summary of the conversation. The goal is to create a detailed timeline that proves the ongoing nature of the problem and the multiple repair attempts. Meticulous records are often the key to our firm’s successful lemon law cases.
Lemon laws are not one-size-fits-all; they vary quite a bit from one state to another. Misunderstanding the rules that apply to you is a common mistake that can unfortunately derail a valid claim. You need to know your state’s specific Lemon Laws, including how many repair attempts are required, the timeframe you have to file, and whether your vehicle is covered. For example, some states have provisions for used cars, while others do not. Take some time to read up on the laws for your state, like the Ohio Lemon Law or the Florida Lemon Law, to understand your rights and the requirements you must meet before filing.
Many states require you to give the manufacturer one final opportunity to repair the defect before you can proceed with a Lemon Law claim. This isn’t just a casual phone call. You need to send a formal written notice to the manufacturer’s regional office, not the local dealership. Send this letter via certified mail with a return receipt requested. This creates a legal record that you notified them and gives them a final, reasonable chance to resolve the issue. This step demonstrates that you’ve followed the proper procedure and exhausted all options. If you’ve reached this point and are unsure how to proceed, it’s a good time to contact us today for guidance.
Once you’ve done your homework and gathered your initial records, it’s time to make things official. Filing a lemon law claim is the formal step that legally notifies the manufacturer of your intent to seek a remedy under the law. This part of the process requires precision and attention to detail, as any misstep could weaken your position. While you can start this process on your own, this is often the point where having an experienced attorney becomes invaluable. A legal expert can ensure every form is filed correctly and every deadline is met, taking the pressure off you.
The official filing process generally involves three key actions: sending a formal notice, compiling all your required documents into a case file, and deciding on the right venue for your claim. Each step builds on the last, creating a comprehensive and compelling case that clearly demonstrates why your vehicle qualifies as a lemon. Getting this right from the start can significantly influence the speed and success of your claim. If you feel overwhelmed at any point, remember that you don’t have to do this alone. You can always [contact us today] for guidance.
Your first official move is to send a formal written notice to the vehicle’s manufacturer. Think of this as putting them on the record. This letter should be clear, professional, and sent via certified mail so you have proof of delivery. In it, you’ll need to state that you are seeking a repurchase or replacement under your state’s lemon law.
Be sure to include all the essential details: your full name and contact information, the vehicle’s make, model, year, and Vehicle Identification Number (VIN). You should also provide a concise summary of the defect and a chronological list of all repair attempts, including dates and dealership locations. Finally, clearly state the resolution you are seeking. Always keep a copy of this letter for your own records.
This is where your diligent record-keeping pays off. Failing to keep adequate records is one of the biggest mistakes you can make, so it’s crucial to have everything organized and ready to go. Your goal is to create a complete file that tells the entire story of your vehicle’s issues.
Your file should include copies of your sales or lease agreement, the vehicle’s warranty documents, and every single repair order or invoice you’ve received. You’ll also want to include any correspondence you’ve had with the dealership or manufacturer, along with the formal notice letter you just sent. Having all this paperwork in one place makes it easy to build your case and answer any questions that may arise. For more details on what to keep, check our [Lemon Law FAQs].
After notifying the manufacturer, you have to decide where to pursue your claim. Generally, you have two options: a state-sponsored arbitration program or filing a lawsuit in court. Many states offer arbitration as a less formal and often faster way to resolve disputes. However, these programs can sometimes favor the manufacturer, and the decisions may not always be binding.
The other option is to file a lawsuit. This is a more formal legal process that takes place in the court system. While it can take longer, it often gives you the best chance to secure the full compensation you deserve. The right choice depends entirely on the specifics of your case and your state’s laws. An attorney can review your situation and explain which of your state’s [Lemon Laws] provides the strongest path forward for you.
You’ve gathered your documents, sent the formal notice, and officially filed your claim. So, what’s next? This is where things can feel a bit out of your hands, but understanding the process can make the waiting game much easier. After your claim is submitted, the manufacturer will review it and decide how to respond. They might accept it, ask for more information, or deny it outright. Knowing the potential paths your case can take helps you stay prepared for every step ahead. Let’s walk through the typical timeline, the outcomes you’re fighting for, and what to do if the manufacturer pushes back.
Once your claim is filed, the clock starts ticking for the manufacturer. While submitting the formal claim and all your paperwork can take a few weeks, the overall timeline can vary quite a bit. It’s not uncommon for a settlement to take anywhere from six months to a year. This might sound like a long time, but it involves a lot of back-and-forth, including negotiations and legal procedures.
This is often where having an attorney makes a huge difference. A legal expert handles the communication with the manufacturer, making sure deadlines are met and your case keeps moving forward. If you have questions about your specific situation, it’s always a good idea to contact an experienced team for guidance.
When your claim is successful, the law provides a few different remedies to make things right. The goal is to compensate you for the trouble and financial loss caused by your defective vehicle. The most common outcomes include a vehicle buyback, a replacement, or a cash settlement.
A buyback, or refund, is when the manufacturer repurchases the vehicle from you. A replacement means they provide you with a new, comparable car. In some cases, you might be offered a “cash-and-keep” settlement, where you keep the vehicle and receive a cash payment for its issues. Seeing examples of successful cases can give you a clearer picture of what these resolutions look like for real people.
It’s disheartening to get a denial notice, but it’s definitely not the end of the road. Manufacturers often deny claims initially for various reasons. They might argue that there isn’t enough evidence, that you missed a deadline, or that the problem was caused by an accident or aftermarket modifications you made. Sometimes, they’ll even claim you neglected routine maintenance.
Don’t let this discourage you. A denial is often a tactic to see if you’ll simply give up. If your claim is rejected, the best next step is to have an experienced lemon law attorney review the denial letter. They can pinpoint the manufacturer’s reasoning and help you build a stronger case to challenge their decision. You can find more information on handling these situations in our frequently asked questions.
Receiving a denial for your lemon law claim can feel like a major setback, especially after everything you’ve been through with a defective vehicle. It’s important to remember that manufacturers have legal teams dedicated to challenging these claims, and they often deny them for specific, and sometimes preventable, reasons. A denial isn’t the final word, but understanding why it happened is the first step toward fighting back.
Often, a claim is rejected not because the car isn’t a lemon, but because of simple missteps in the process. From disorganized paperwork to filing too late, these errors can give the manufacturer an easy way out. Let’s look at two of the most common mistakes that lead to a denied claim so you can avoid them from the start.
One of the fastest ways to get a claim denied is by having a weak paper trail. Your entire case is built on proving a substantial defect and documenting the dealer’s failure to fix it. If your repair orders are missing, or if they don’t clearly state the problem you reported, the manufacturer can argue there’s no proof of a persistent issue. Vague records are a claim’s worst enemy. Similarly, every state has a strict deadline for filing. Waiting too long to report the problem or initiate your claim can result in an automatic denial, no matter how strong your case is. You can find more answers to common questions on our Lemon Law FAQs page.
Before your car can be legally declared a lemon, you must give the manufacturer a “reasonable number” of chances to fix the defect. If you file a claim after only one or two trips to the shop, the manufacturer will likely deny it, arguing they weren’t given enough opportunity to resolve the issue. State lemon laws clearly define what counts as a reasonable number of attempts. Manufacturers may also try to shift the blame by claiming the defect was caused by something you did, like getting into an accident, installing aftermarket parts, or neglecting routine maintenance. This is a common tactic used to avoid responsibility for a faulty product.
While the goal of every lemon law is to protect consumers from defective vehicles, the specific rules can change quite a bit from one state to another. Understanding these differences is key to building a strong case. The requirements for what qualifies as a lemon, the deadlines you need to meet, and even whether your used car is covered can vary. It’s essential to know the specific Lemon Laws that apply to you, as this information will shape your entire approach. Let’s look at a few of the most important distinctions you might encounter.
It’s a common question: are you out of luck if your lemon is a used car? The answer is, it depends on your state. While lemon laws traditionally focus on new vehicles, some states have expanded their protections. For example, certain laws state that used vehicles might be covered if they are sold to a new owner during the “Motor Vehicle Quality Assurance period,” which is typically within the first year or two of the car’s life. The federal Magnuson-Moss Warranty Act can also apply to used vehicles sold with a written warranty. If you bought a pre-owned car that’s still under the original manufacturer’s warranty, you may have a valid claim. Don’t assume you aren’t covered; always check your state’s specific statutes.
When you’re dealing with a lemon, time is not on your side. Every state has a statute of limitations, which is a strict deadline for filing your claim. Miss it, and you could lose your right to seek compensation. The process itself also takes time. While every case is unique, you can generally expect a resolution to take anywhere from six months to a year. Most cases settle before going to trial, but the path to that settlement involves negotiation and documentation. This is why it’s so important to start the process as soon as you realize you might have a lemon. You can find more answers to your questions in our Lemon Law FAQs.
If your claim is successful, you are typically entitled to a replacement vehicle or a refund, also known as a buyback. When you get a refund, you get back the full price you paid for the car, plus other costs like sales tax, title fees, and extended warranties. However, depending on the state, the manufacturer is allowed to subtract a certain amount for the miles you drove before the defect first appeared. This is often called a “usage fee.” For example, a state might calculate this by multiplying the car’s purchase price by the number of miles you drove, then dividing that by 120,000. Understanding this formula helps you set realistic expectations for your potential settlement, which you can see in some of our successes.
While you can certainly start the lemon law process on your own, there often comes a point where bringing in a professional makes all the difference. Dealing with a defective car is stressful enough without adding a legal battle to your plate. If you’re feeling stuck, ignored, or simply overwhelmed by the paperwork and procedures, that’s a clear signal it might be time for some backup. An experienced attorney can step in to manage the complexities, letting you focus on your life while they handle the fight. Think of it as bringing in a specialist who knows the manufacturer’s playbook and isn’t intimidated by their tactics.
It can be tough to know when to transition from handling things yourself to calling a lawyer. The manufacturer might be counting on you to give up if they make the process difficult enough. If you see any of these red flags, it’s a good time to contact us today. The first sign is when the manufacturer denies your claim, gives you the runaround, or simply stops responding. Another clear indicator is if they offer a settlement that feels too low or doesn’t fully cover your losses. If the legal jargon in their letters starts to feel like another language or you’re worried about missing a critical deadline, an attorney can provide immediate clarity and peace of mind.
Hiring an attorney does more than just take work off your shoulders; it strengthens your entire case. Lawyers who specialize in lemon laws understand exactly what it takes to build a successful claim, from organizing your repair records to negotiating with corporate legal teams. They handle the complex legal steps, saving you an incredible amount of time and stress. One of the biggest advantages is that an experienced attorney often secures a better outcome. Plus, many state and federal lemon laws include provisions that require the manufacturer to cover your attorney’s fees if you win, meaning you can get expert representation at no out-of-pocket cost.
Winning a lemon law claim is all about preparation. When you present a well-documented, organized case, you show the manufacturer that you are serious and have the evidence to back it up. Taking a few key steps can dramatically strengthen your position and smooth out the entire process. Think of it as building a solid foundation; the stronger it is, the more likely you are to get the outcome you deserve. It puts you in control and prepares you for every step of the journey.
This is the single most important thing you can do for your case. Your memory is good, but a detailed paper trail is undeniable proof. Start a dedicated folder or digital file and save everything related to your car’s issues. This includes every service invoice, repair order, receipt, and piece of correspondence with the dealer or manufacturer. Get into the habit of taking notes after every phone call, jotting down the date, time, the person you spoke with, and a summary of the conversation. This meticulous record-keeping creates a clear timeline of the defect and the attempts to fix it, which is the core of any successful claim. You can see how detailed evidence contributes to our successes with past clients.
Understanding the potential outcomes helps you set clear goals for your claim. Under state and federal lemon laws, a successful claim can result in a few different remedies. The most common are a vehicle buyback, where the manufacturer refunds your purchase price (minus a small usage fee), or a replacement vehicle of similar value. In some situations, you might also be offered a cash settlement to compensate for the vehicle’s issues if you decide to keep it. Knowing what you can legally ask for empowers you during negotiations and ensures you don’t settle for less than you are owed.
You don’t have to face the manufacturer’s legal team alone. Having an experienced attorney on your side levels the playing field. Most lemon law attorneys work on a contingency basis, which means you don’t pay any upfront fees. If you win, the manufacturer is typically required to cover all your legal costs. This makes getting professional help accessible to everyone. A good first step is to get a free case evaluation to understand your options. You can also find valuable information in resources like our free lemon law book to learn more about the process. When you’re ready, we’re here to help you contact us today.
Do I have to pay an attorney to take my lemon law case? This is one of the most common questions I hear, and the answer is usually no. Most state and federal lemon laws have a fee-shifting provision. This means that if your case is successful, the manufacturer is legally required to pay for all of your attorney’s fees and legal costs. Reputable lemon law attorneys work on a contingency basis, so you won’t face any out-of-pocket expenses to get the expert legal help you need.
What if my car is used? Can I still have a lemon law claim? You might be surprised to learn that you could still be protected. While lemon laws traditionally apply to new vehicles, many states have extended protections to used cars, especially if the vehicle is still covered by the original manufacturer’s warranty. The federal Magnuson-Moss Warranty Act can also apply to used vehicles sold with a written warranty. The rules vary by state, so it’s always worth looking into your specific situation instead of assuming you’re out of luck.
How long will my lemon law case take to resolve? Every case follows its own unique timeline, but most claims are resolved within six months to a year. The length of the process depends on several factors, including the complexity of the defect and how willing the manufacturer is to negotiate a fair settlement. While some cases settle relatively quickly, others may require more time to reach the right outcome.
I don’t have perfect records of every repair. Is my case a lost cause? Not at all. While having a complete set of repair invoices is ideal, it’s not always a deal-breaker. If you’re missing some paperwork, an experienced attorney can often help reconstruct your vehicle’s repair history by requesting records directly from the dealership’s service center. The most important thing is to gather everything you do have and not let a few missing documents discourage you from seeking help.
I think my car is a lemon. What is the absolute first thing I should do right now? Your first step is to organize all the documents you currently have. Create a simple timeline of the problems and the repair visits. Then, take a close look at your state’s specific lemon law to understand the requirements for the number of repair attempts or days out of service. This initial preparation will give you a clearer picture of your situation and put you in a strong position for whatever comes next.
Have questions about your lemon law case? Our FAQ section is here to provide clear, concise answers to the most common concerns. Take a look below to find the information you need, and if you still have questions, don’t hesitate to contact us for further assistance!
The so-called “Lemon Law” is a State law which is defines when a manufacturer has breached its written warranty and what the victim is entitled to for such a breach of warranty. Additionally, there are various other warranty laws (or Lemon Laws) in each State and on the Federal level which can be used to recover money for consumers who do not meet the strict definitions contained in their State’s Lemon Law. In most states, the State Lemon Law provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and Attorney’s Fees and Costs if the consumer prevails. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
According to Wikipedia, in the 1800s, people started using the word ‘lemon’ to describe people who were sour (or unfriendly). In American English the word was first recorded in 1909 in the slang sense of “worthless thing”. Over time, ‘lemon’ came to refer to anything that was defective or broken or which breaks constantly, particularly a car. However, in an effort to further define such a broad term, the Lemon Law attempts to define certain situations which entitle consumers to their money back or a new vehicle. In a nutshell, any defect or nonconformity, or combination of defects, which is/are not repaired within a reasonable number of attempts or a reasonable amount of time, may entitle you to Lemon Law relief. Your vehicle does NOT have to be breaking down to be considered a lemon. In short, if you are aggravated enough to be reading this you may have a lemon. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Almost any type of passenger vehicle is covered by the Lemon Law. This means that Cars, Trucks, Vans, Motorcycles and many other types of motor vehicles are usually covered under the Lemon Law. For Boats, ATVs, RVs and items that may not covered by the strict definitions of the State Lemon Law, other State and Federal Lemon Laws are available which do cover these products. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
The ultimate relief in a Lemon Law Case is your money back or a new car. This is known as a “buy back” or a “repurchase.” Many State’s Lemon Laws provides for a Full Refund or a Replacement Vehicle (less a reasonable allowance for use) and mandatory Attorney’s Fees and Costs if the consumer prevails. When that occurs, the defective vehicle is returned to the manufacturer. This is usually done by returning it locally to one of their authorized dealers. This is a general answer and all states differ so you should make sure to consult the laws for your particular state before taking further action.
Should we agree to represent you, your case will be handled on a contingency basis, whereby our office will not get paid unless you get paid. You will not have to come out-of-pocket to pay our fee! Furthermore, Kahn & Associates, L.L.C. may advance all usual and reasonable costs as a part of our representation on certain cases.
Kahn & Associates, L.L.C. represents thousands of consumers every year with defective vehicles. As with most cases, over 97% of these cases settle to the satisfaction of both parties. Remember, the manufacturer would rather pay less now than risk paying a much larger amount to you, your attorney and their attorneys later.
To see if you qualify, fill out the form below or call us at 1-888-536-6671 – No Office Visit Needed!
I had a great experience with Kahn & Associates! They made the process of dealing with an extremely frustrating lemon situation painless. They have very quick response times and everyone I dealt with was very friendly and helpful. Would definitely recommend!
Kahn and Associates did an awesome job with our lemon law case! We were getting nowhere with VW Customer Service and decided to hire an attorney who specialized with lemon law cases. We couldn’t be happier with the outcome. We were able to get a full refund on our lemon VW Atlas.
What a great experience! I was on the fence about hiring an attorney for my ongoing automotive issues and continued frustration with the manufacturer. It was a very simple process and I am very grateful Kahn and Associates for helping get me a settlement!
Real Honest attorneys!!! They are the real deal! I went back and forth with them and they explained to me every step and my rights under the law! I give them 5 stars because I won!!! Yes and my check is coming to me much sooner than I thought! I was stuck ! I own a brand new car and the dealer was giving me a hard time !
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Craig A. Kahn, who has more than 20 years of legal experience in lemon law.
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Stuck with a defective car in Ohio? State Lemon Laws protect you. Get a refund, replacement, or cash settlement. Learn your rights today!
Florida Lemon Laws cover new and used vehicles. If your car’s a lemon, you deserve compensation. Let us help you fight for justice!
Michigan’s Lemon Law protects you from faulty vehicles. Don’t settle for endless repairs—claim your refund or replacement now.
North Carolina Lemon Laws ensure defective vehicles are replaced or refunded. Know your rights and take action today!
Pennsylvania Lemon Law covers new cars with repeated issues. Get the compensation you deserve. Click to learn more!
To see if you qualify, fill out the form below or call us at 1-888-536-6671 – No Office Visit Needed!
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