Pennsylvania Lemon Law Statute

PA Lemon Law Summary

Covered Vehicles:

Vehicles purchased or leased in Pennsylvania used primarily for personal, family or household purposes.

Repair Attempts or Days out of Service:

3 repair attempts – 30 calendar days out of service

Coverage Period:

1 year, 12,000 miles, or duration of warranty, whichever occurs first.

Pennsylvania Lemon Law Statute

Title 73, Chapter 28
Trade And Commerce
Automobile Lemon Law

1951 Short title.
This act shall be known and may be cited as the Automobile Lemon Law.

1952 Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Dealer” or “motor vehicle dealer.”
A person in the business of buying, selling or exchanging vehicles.
Any person engaged in the business of constructing or assembling new and unused motor vehicles or engaged in the business of importing new and unused motor vehicles into the United States for the purpose of selling or distributing new and unused motor vehicles to motor vehicle dealers in this Commonwealth.
“Manufacturer’s express warranty” or “warranty.”
The written warranty of the manufacturer of a new automobile of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.
“New motor vehicle.”
Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased and is registered in the Commonwealth and is used or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale. The term does not include motorcycles, motor homes or off-road vehicles.
A defect or condition which substantially impairs the use, value or safety of a new motor vehicle and does not conform to the manufacturer’s express warranty.
A person, or his successors or assigns, who has obtained ownership of a new motor vehicle by transfer or purchase or who has entered into an agreement or contract for the purchase of a new motor vehicle which is used or bought for use primarily for personal, family or household purposes.

1953 Disclosure.
The Attorney General shall prepare and publish in the Pennsylvania Bulletin a statement which explains a purchaser’s rights under this law. Manufacturers shall provide to each purchaser at the time of original purchase of a new motor vehicle a written statement containing a copy of the Attorney General’s statement and a listing of zone offices, with addresses and phone numbers, which can be contacted by the purchaser for the purpose of securing the remedies provided for in this act.

1954 Repair obligations.

(a) Repairs required. The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur.
(b) Delivery of vehicle. It shall be the duty of the purchaser to deliver the nonconforming vehicle to the manufacturer’s authorized service and repair facility within the Commonwealth, unless, due to reasons of size and weight or method of attachment or method of installation or nature of the nonconformity, such delivery cannot reasonably be accomplished. Should the purchaser be unable to effect return of the nonconforming vehicle, he shall notify the manufacturer or its authorized service and repair facility. Written notice of nonconformity to the manufacturer or its authorized service and repair facility shall constitute return of the vehicle when [the] purchaser is unable to return the vehicle due to the nonconformity. Upon receipt of such notice of nonconformity, the manufacturer shall, at its option, service or repair the vehicle at the location of nonconformity or pick up the vehicle for service and repair or arrange for transporting the vehicle to its authorized service and repair facility. All costs of transporting the vehicle when [the] purchaser is unable to effect return, due to nonconformity, shall be at the manufacturer’s expense.

1955 Manufacturer’s duty for refund or replacement.
If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchaser’s use of the vehicle not exceeding the per mile driven or 10% of the purchase price of the vehicle whichever is less. Refunds shall be made to the purchaser and lien holder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.

1956 Presumption of a reasonable number of attempts.
It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:

1. the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
2. the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.

1957 Itemized statement required.
The manufacturer or dealer shall provide to the purchaser each time the purchaser’s vehicle is returned from being serviced or repaired a fully itemized statement indicating all work performed on said vehicle including, but not limited to, parts and labor. It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity within seven days of the delivery by a purchaser of a vehicle subject to a nonconformity when it is delivered to the same dealer for the second time for repair of the same nonconformity. The notification shall be by certified mail, return receipt requested.

1958 Civil cause of action.
Any purchaser of a new motor vehicle who suffers any loss due to nonconformity of such vehicle as a result of the manufacturer’s failure to comply with this act may bring a civil action in a court of common pleas and, in addition to other relief, shall be entitled to recover reasonable attorney’s fees and all court costs.

1959 Informal dispute settlement procedure.
If the manufacturer has established an informal dispute settlement procedure which complies with the provisions of 16 CFR Pt. 703, as from time to time amended, the provisions of section 8 shall not apply to any purchaser who has not first resorted to such procedure as it relates to a remedy for defects or conditions affecting the substantial use, value or safety of the vehicle. The informal dispute settlement procedure shall not be binding on the purchaser and, in lieu of such settlement, the purchaser may pursue a remedy under section 8.

1960 Resale of returned motor vehicle.

(a) Vehicles may not be resold.-If a motor vehicle has been returned under the provisions of this act or a similar statute of another state, it may not be resold in this State unless:

1. The manufacturer provides the same express warranty it provided to the original purchaser, except that the term of the warranty need only last for 12,000 miles or 12 months after the date of resale, whichever is earlier.
2. The manufacturer provides the consumer with a written statement on a separate piece of paper, in ten point all capital type, in substantially the following form:


The provisions of this section apply to the resold motor vehicle for the full term of the warranty required under this subsection.

(b) Returned vehicles not to be resold.-Notwithstanding the provisions of subsection (a), if a new motor vehicle has been returned under the provisions of this act or a similar statute of another state because of a nonconformity resulting in a complete failure of the braking or steering system of the motor vehicle likely to cause death or serious bodily injury if the vehicle was driven, the motor vehicle may not be resold in this Commonwealth.

1961 Application of unfair trade act.
A violation of this act shall also be a violation of the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.

1962 Rights preserved
Nothing in this act shall limit the purchaser from pursuing any other rights or remedies under any other law, contract or warranty.

1963 Nonwaiver of act.
The provisions of this act shall not be waived.


Magnuson-Moss Warranty
Act – Federal Lemon Law


US Code – Title 15, Chapter 50, Sections 2301-2312

Section 2301. Definitions For the purposes of this chapter

(1) The term “consumer product” means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).
(2) The term “Commission” means the Federal Trade Commission.
(3) The term “consumer” means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).
(4) The term “supplier” means any person engaged in the business of making a consumer product directly or indirectly available to consumers.
(5) The term “warrantor” means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
(6) The term “written warranty” means –

(A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time, or
(B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.

(7) The term “implied warranty” means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product.
(8) The term “service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.
(9) The term “reasonable and necessary maintenance” consists of those operations

(A) which the consumer reasonably can be expected to perform or have performed and
(B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.

(10) The term “remedy” means whichever of the following actions the warrantor elects:

(A) repair,
(B) replacement, or
(C) refund;

except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.

(11) The term ”replacement” means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.
(12) The term “refund” means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).
(13) The term “distributed in commerce” means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.
(14) The term “commerce” means trade, traffic, commerce, or transportation –

(A) between a place in a State and any place outside thereof,
(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).

(15) The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term “State law” includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term “Federal law'” excludes any State law.

Section 2302. Rules governing contents of warranties

(a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others:

(1) The clear identification of the names and addresses of the warrantors.
(2) The identity of the party or parties to whom the warranty is extended.
(3) The products or parts covered.
(4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty – at whose expense – and for what period of time.
(5) A statement of what the consumer must do and expenses he must bear.
(6) Exceptions and exclusions from the terms of the warranty.
(7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty.
(8) Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be required to resort to such procedure before pursuing any legal remedies in the courts.
(9) A brief, general description of the legal remedies available to the consumer.
(10) The time at which the warrantor will perform any obligations under the warranty.
(11) The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty.
(12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty.
(13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty.

(b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract


(A) The Commission shall prescribe rules requiring that the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him.
(B) The Commission may prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing.

(2) Nothing in this chapter (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted.
(3) The Commission may prescribe rules for extending the period of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract).

(c) Prohibition on conditions for written or implied warranty; waiver by Commission No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if –

(1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and
(2) the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.

(d) Incorporation by reference of detailed substantive warranty provisions
The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.
(e) Applicability to consumer products costing more than $5
The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5.

Section 2303. Designation of written warranties

(a) Full (statement of duration) or limited warranty
Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section:

(1) If the written warranty meets the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a ”full (statement of duration) warranty”.
(2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a “limited warranty”.

(b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction
This section and sections 2302 and 2304 of this title shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations.
(c) Exemptions by Commission
In addition to exercising the authority pertaining to disclosure granted in section 2302 of this title, the Commission may by rule determine when a written warranty does not have to be designated either ”full (statement of duration)” or ”limited” in accordance with this section.
(d) Applicability to consumer products costing more than $10 and not designated as full warranties
The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated “full (statement of duration) warranties”.

Section 2304. Federal minimum standards for warranties

(a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement. In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty –

(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;
(2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;
(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and
(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.

(b) Duties and conditions imposed on consumer by warrantor

(1) In fulfilling the duties under subsection (a) of this section respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.
(2) Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a) of this section, that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.
(3) The Commission may, by rule define in detail the duties set forth in subsection (a) of this section and the applicability of such duties to warrantors of different categories of consumer products with ”full (statement of duration)” warranties.
(4) The duties under subsection (a) of this section extend from the warrantor to each person who is a consumer with respect to the consumer product.

(c) Waiver of standards
The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).
(d) Remedy without charge
For purposes of this section and of section 2302(c) of this title, the term ”without charge” means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) of this section to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.
(e) Incorporation of standards to products designated with full warranty for purposes of judicial actions
If a supplier designates a warranty applicable to a consumer product as a ”full (statement of duration)” warranty, then the warranty on such product shall, for purposes of any action under section 2310(d) of this title or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.

Section 2305. Full and limited warranting of a consumer product

Nothing in this chapter shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated.

Section 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty

(a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language.

Section 2307. Designation of representatives by warrantor to perform duties under written or implied warranty

Nothing in this chapter shall be construed to prevent any warrantor from designating representatives to perform duties under the written or implied warranty: Provided, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a co-warrantor.

Section 2308. Implied warranties

(a) Restrictions on disclaimers or modifications
No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if

(1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or
(2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.

(b) Limitation on duration
For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations
A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.

Section 2309. Procedures applicable to promulgation of rules by Commission

(a) Oral presentation
Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply.
(b) Warranties and warranty practices involved in sale of used motor vehicles
The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.

Section 2310. Remedies in consumer disputes

(a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures

(1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.
(2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.
(3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission’s rules under paragraph (2). If –

(A) a warrantor establishes such a procedure,
(B) such procedure, and its implementation, meets the requirements of such rules, and
(C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then

(i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and
(ii) a class of consumers may not proceed in a class action under subsection (d) of this section except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.

(4) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.
(5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d) of this section, the court may invalidate any such procedure if it finds that such procedure is unfair.

(b) Prohibited acts It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder).
(c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions

(1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain

(A) any warrantor from making a deceptive warranty with respect to a consumer product, or
(B) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commission’s or Attorney General’s likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.

(2) For the purposes of this subsection, the term ”deceptive warranty” means

(A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or
(B) a written warranty created by the use of such terms as ”guaranty” or ”warranty”, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.

(d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims

(1) Subject to subsections (a)(3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief –

(A) in any court of competent jurisdiction in any State or the District of Columbia; or
(B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection.

(2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys’ fees would be inappropriate. (3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection –

(A) if the amount in controversy of any individual claim is less than the sum or value of $25;
(B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or
(C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.

(e) Class actions; conditions; procedures applicable
No action (other than a class action or an action respecting a warranty to which subsection (a)(3) of this section applies) may be brought under subsection (d) of this section for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) of this section applies) brought under subsection (d) of this section for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. (f) Warrantors subject to enforcement of remedies
For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person.

Section 2311. Applicability to other laws

(a) Federal Trade Commission Act and Federal Seed Act

(1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act.
(2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter shall apply to seed for planting.

(b) Rights, remedies, and liabilities

(1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.
(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury.

(c) State warranty laws

(1) Except as provided in subsection (b) of this section and in paragraph (2) of this subsection, a State requirement –

(A) which relates to labeling or disclosure with respect to written warranties or performance thereunder;
(B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and
(C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder).

(2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies

(A) affords protection to consumers greater than the requirements of this chapter and
(B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement.

(d) Other Federal warranty laws This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter.

Section 2312. Effective dates

(a) Effective date of chapter
Except as provided in subsection (b) of this section, this chapter shall take effect 6 months after January 4, 1975, but shall not apply to consumer products manufactured prior to such date.
(b) Effective date of section 2302(a)
Section 2302(a) of this title shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this chapter.
(c) Promulgation of rules
The Commission shall promulgate rules for initial implementation of this chapter as soon as possible after January 4, 1975, but in no event later than one year after such date.

Dan Scharville helped me out with a problem I was having with my Ford F-150 he was very informative and explained everything... clearly, everyone I spoke with was knowledgeable and friendly thank you for everythingread more
Dave Wilson
Dave Wilson
16:39 27 Mar 20
from the beginning to the end Kahn & Associates we're great. Our attorney Bo Jeffries kept me informed thru the whole... process. He was very professional and patience with me calling him all the time. I would highly recommend more
Susan Williamson
Susan Williamson
18:24 13 Mar 20
We had a great experience with Kahn & Associates. Bo Jefferies was very helpful and kept us informed as the process went... along. He answered any questions we had. He really stayed on top of what was going on. Would highly recommend Bo and his more
Gary Meyer
Gary Meyer
18:09 08 Mar 20
Bo Jeffries was quick and efficient in getting my claim started and seeing it to the end. I highly recommend Bo Jeffries... and the Khan and associates law firm. They can get it done for you more
Chris Walker
Chris Walker
19:35 27 Feb 20
Bo Jeffries with Kahn and Associates was outstanding! Professional, Honest, Extremely Responsive to calls, texts, and... voicemails. Bo did everything he said he’d do for my mother’s case. I highly recommend Kahn and Associates! Thank You to all for your hard work!read more
Phillip Yanak
Phillip Yanak
00:41 26 Feb 20
We had an amazing experience working with this firm regarding our 2013 Chevy Equinox. Jordan kept us totally informed and... up to date while our attorney Dan Scharville worked with GM to get us a settlement. We would recommend this firm to anyone who has or is having auto more
Chuck Nell
Chuck Nell
15:26 19 Feb 20
I highly recommend them! They all were so nice and took care of my problem in a timely manner.
tina becherer
tina becherer
21:45 08 Feb 20
Bo and Jordan were amazing. I recommend Kahn & Associates to anyone who needs help. Amazing people to work with.
Lisa Forgach
Lisa Forgach
18:55 08 Feb 20
Kahn&Associates,LLC were great with my case and helped me out tremendously.
Angela Elswick
Angela Elswick
20:49 06 Feb 20
Kahn and Associates staff was very friendly and helpful. They made the process painless. I would highly recommend them to my... friends and more
Patti Cooper
Patti Cooper
15:54 06 Feb 20
Kahn & Associates was stellar. They were able to settle my lemon law case effectively, and made smooth and easy what could... have been a difficult and painful process.I worked with Jordan Wolf and Bo Jeffries during my case and they went above and beyond. They kept in touch and were always able to answer my questions quickly.I would definitely recommend this firm to anyone that is in need of a lemon law more
20:58 05 Feb 20
General Motors has let technology surpass quality, as I discovered after purchasing a 2015 Chevy Silverado LTZ. I had... problems with transmission and heating and cooling. I took it to several dealerships and it was the same story, "it's the nature of the vehicle" or "could not duplicate" or they wouldn't even look at it. I had one law office from Detroit contact me and I sent them all the receipts and documentation that I took the truck in because I had a complaint. After several months of waiting to see what they was going to do for me I got a letter from them saying 'they just dropped my case'. Then I got a letter from Kahn and Associates, at first I was very skeptical, but I sent them the same documentation that I sent the other firm and it wasn't long after that I got positive results. GM made an offer and we settled. It was a substantial amount, therefore in my opinion GM knew there product was substandard, and admitted the same by making a settlement. I would recommend, Kahn and Associates, to anybody that has a GM product and the documentation of proof to get satisfaction for buying a lemon. The truck only has 50K miles on it and the defrost system still leaves coolant on the inside of the windshield. I'm on my way to the bank now and when the weather get's a little better I'll have the heat system replaced thanks to Kahn and more
David Bradley
David Bradley
20:14 05 Feb 20
Khan & Associates, LLC took on my case against GM and were very transparent in all the communications I had with them. The... entire process was more
Benjamin Chukwumah
Benjamin Chukwumah
20:14 27 Jan 20
Gave us great advice over the phone about our car, and were able to reach a good settlement.
Michael Felton
Michael Felton
20:26 23 Jan 20
Courteous, upfront, honest, and always available! Couldn’t really ask for more. Highly recommended.
Jaleesa Lee
Jaleesa Lee
14:52 23 Jan 20
Kahn and Associates helped me with my lemon. I received my check and no longer have to worry about that car anymore. This... firm kept me in the loop and explained everything to me. If it wasn’t for Kahn and Associates I would be stuck with a lemon. Thank you all for you did for me!!read more
Cathy Reyes
Cathy Reyes
21:33 17 Jan 20
Like any legal issue I was extremely worried about even making the call. I'm glad I did, Bo took carry of everything.... Communication was amazing they went above and beyond. I was never confused about the next steps. They were 100% what they had advertised. If you feel like these guys might be able to help I urge you to more
James Hufford
James Hufford
18:54 13 Jan 20
Very helpful! Returned calls after hours. I would absolutely recommend them! Very dedicated team.
Desha Jones
Desha Jones
13:22 09 Jan 20
Super friendly down to earth and knowledgeable . Bo responds to emails and calls immediately ..thus far I highly recommend
Just Me
Just Me
17:29 05 Jan 20
I had an issue with my vehicle being inoperational during a factory recall. This law firm sent me a letter that discussed... the widespread complaints of owners of the same make and model car that I owned which surprisingly I had been experiencing some of these very issues. I called and spoke to the law firm and they told me about lemon law consumer rights. They filed a suit and negotiated a settlement. The money I received was enough to cover the gap in the amount I got for my vehicle versus what I still owed after trading the car in. I would have never thought of suing myself. Dan Scharville was knowledgeable and persistent in fighting for me. Thanks!!read more
Kristen Campbell
Kristen Campbell
14:40 02 Jan 20
Amazing experience with them! Extremely pleased with everything. Jordan is extremely helpful and replies within one business... day! Highly recommend them! Thanks so much for all your hard work!read more
Kayla Mowery
Kayla Mowery
23:56 19 Dec 19
Easy, no hassle, & ethical. They made the process very easy and communicated throughout the process. They were able to... recovery my out of pocket costs as well as additional funds. I highly recommend engaging them if you have or suspect your vehicle may be a more
Christopher Green
Christopher Green
18:18 19 Dec 19
Bo Jeffries with Kahn and Associates is awesome! I originally went to a big law firm in Columbus for my settlement case... and they completely dropped the ball and wasted 6 months of my time.My wife found Kahn and Associates online. They were very responsive from the start. Bo Jeffries was assigned to my case. He was point blank with no run around. Within 6 months my case was resolved.Thank you Bo and Kahn and Associates for all your help! I would definitely use this fantastic law firm more
J Rock
J Rock
06:01 17 Dec 19
Bo is the BEST! Great listener, great communicator. Answers all your questions, promptly returns calls and proven to give ... great results. Highly recommend BO! Thank you Bo you changed our lives!read more
Greg Brown
Greg Brown
02:44 13 Dec 19
Highly recommend Kahn & Associates. I was disappointed that the auto manufacturer would not stand behind the issues I was... having with my vehicle. Kahn & Associates made to process very simple from my perspective to filing a claim under the Ohio lemon law. I was very happen with the settlement that I received and with the time frame to receive more
Mike Hassinger
Mike Hassinger
23:44 29 Nov 19
I would highly recommend Kahn & Associates to anyone seeking legal representation for lemon cars. They provide service that... is fair, honest and will keep your best interest. I would not hesitate to seek representation from Then more
Ashley Hammons
Ashley Hammons
20:21 26 Nov 19
I thought I'd chosen wisely and relied on past experience to guide me in my selection. You see, my truck is the life of my... business and having a dependable vehicle is key to successfully servicing my customers. That's why I was devastated when the dealer told me it needed a new engine. It wasn't a year old and it had already been in the shop more than a month. Delays and service appointments were biting into my schedule and I couldn't keep hoping "the next time", they'll figure it out. That's when I called Kahn & Associates. Their knowledgeable staff guided me through each step and before you knew it, the Manufacturer had agreed to a cash settlement or to take the vehicle back and give me a refund. Don't get pushed around. Know your rights. You shouldn't have to feel stressed over problems with a new vehicle. Kahn & Associates fought for me and they'll fight for you too... I highly recommend more
bee vguy
bee vguy
21:19 05 Nov 19
Both the lawyers and the paralegal, Ms. Victoria Eck, did a fine job of helping me through the process to a successful... conclusion. Many thanks to Kahn and more
Mark Hennis
Mark Hennis
19:45 19 Oct 19
I had a great experience with this firm. They are extremely knowledgeable and very prompt with all their action. I was... treated first-class throughout the entire process and would highly suggest using them!read more
Ryan Fitch
Ryan Fitch
12:59 04 Oct 19
Long story short. I brought a 2018 Lemon from Spitzer on West 130th. Kahn & Associates provided me exceptional legal advice... and assistance resulting in a compensation package. Kahn & Associates are fair, honest and they work for the client not the large corporations. Highly more
Quadra Brown
Quadra Brown
20:21 03 Oct 19
Just started working with them and so far the service is excellent!
Anthony in 2nd grade
Anthony in 2nd grade
15:08 23 Sep 19
these folks did a GREAT JOB settling my ISSUES W/ GM SHORT QUICK to the POINT THANKS KAHN & ASSOCIATES!!!!
charles chanay
charles chanay
13:56 20 Sep 19
What a professional firm they came through with everything they said. I finally was able to get compensated for the2016... lemon Ford. I just got rid of it very happy they came through would recommend them to anybody.Im driving a new a big thanks to Kahn & more
Art Hill
Art Hill
19:34 09 Sep 19
Kahn & Associates, LLC is definitely a 5 star company. I very highly recommend Bo Jeffries and staff to help you with your... lemon. They helped get me a fair compensation to fix all of the issues I have with my 2014 more
Tammy Lampe
Tammy Lampe
18:32 31 Aug 19
Was a pleasure to work with and very helpful got a great settlement on my Chrysler 200 thank you very much
David Agsten
David Agsten
16:21 15 Aug 19
Excellent customer service. Swift! I would recommend and use them again. 😊
VaNilla P
VaNilla P
04:34 07 Aug 19
Excellent Service and very helpful when I had questions.
Amy Long
Amy Long
12:08 23 Jul 19
Very great experience, very seamless and Bo made sure to stay in communication throughout the entire process.
Treasure Brown
Treasure Brown
14:00 22 Jul 19
Outstanding service. Made my settlement very easy and rewarding!
Dean Layman
Dean Layman
18:19 30 Jun 19
I just called this office today because no other firm would call me back and the lady I talked to said they are sending me... paperwork to get my SSI case going so to me thats just great and they have a 5 star rate so glad I found you more
John Whitmore
John Whitmore
00:00 29 Jun 19
From my very first phone contact till my last conversation I had with this firm, I was totally impressed with their... friendly and professional service. Bo Jeffries kept me informed through the entire process and made my experience a good one. I truly would recommend them to my friends and more
Vivian Widmer
Vivian Widmer
23:05 24 Jun 19
I was referred to Kahn & Associates when we were having significant issues with a FCA product. Bo Jeffries, Esq., and his... entire staff worked very hard to make a reasonable settlement agreement and avoid unnecessary litigation. The process took several months (as is common). We did reach an agreement that was reasonable and DID avoid litigation. I HIGHLY recommend this Law firm. They are also very nice people and communicate the ongoing process at every step to avoid any surprises. They get an A+++Thanks again to Bo and staff!!read more
Peter S
Peter S
17:39 12 Jun 19
Thanks for your professional services in helping us to collect on our Ford Fusion engine issues. We would have been at a... lost not knowing what to do but received a letter from you because of so many recalls on other parts. We kept the letter for that reason but within a month started having issues with the engine . It did take about 5 1/2 mths to collect so my advice to anyone is to be patient and call them with any questions. They were very more
Alisa Findley
Alisa Findley
12:42 10 Jun 19
Very well informed about their knowledge in Laws and guidance on your direction or actions to take.I felt very confident in... my choice of choosing this Law firm. My attorney absolutely made me feel like I was in great hands and I have all my faith into this Firm! I'd give them 10 stars if I could!!read more
Dawn Marie Buffalohead
Dawn Marie Buffalohead
15:00 24 May 19
Great experience, fast communication. Would recommend!
sarah krussell
sarah krussell
12:49 24 May 19
I want to thank Bo and the team for the great job they did for me. I am so happy I gave your office a call! I would... definitely recommend them to anyone who needs help if you have a lemon. Thanks again!!read more
Tracy Jackowski
Tracy Jackowski
17:14 22 May 19
Very easy to deal with! They certainly know their business!
Chris Cowell
Chris Cowell
13:24 19 May 19
Very pleased with the results in the settlement on our Jeep Cherokee.thanks again.
Henry Koch
Henry Koch
22:27 18 May 19
The legal services of Kahn & Associates aided immeasurably in the successful preparation and completion of my Lemon Law... more
Nathan Henkel
Nathan Henkel
12:40 28 Apr 19
Very nice and knowledgeable group of people. They made the whole experience easy. Thank alot.
tammy waddle
tammy waddle
14:35 24 Mar 19
This firm took my case when many others said I had no case. I got a very appropriate settlement for my case. In a very quick... and timely manner. Their staff all the way from paralegals to the attorneys assigned to my case were exemplary in their efforts in representing me I would highly recommend this companyread more
Bill W
Bill W
21:13 18 Mar 19
This company was a dream come true. I was going through so much with my new car and the dealership. When I had my first... conversation with a employee at Kahn Associates they told me to not worry they will get to the bottom of the problem. Every step of the way someone reached out to me and kept me updated on the progress of my case. I will use this company again staff was very nice and listen to my concerns. I will always refer Kahn & Associates to others in more
anna young
anna young
19:21 06 Mar 19
Thank you guys so much for helping us out with our vehicle. We got way more then expected and very satisfied. I will... recomend you to everyone. Thanks again so more
Kristie Farris
Kristie Farris
21:38 04 Feb 19
we didn't think we had a chance and you folks gave us a pocket full of money thank you so much
Joseph Kirkman
Joseph Kirkman
11:26 04 Feb 19
Kahn & Associates was refreshingly easy to work with. I came to them with my lemon and the lawyer, Bo Jeffries, did... everything for me! The manufacturer was aware of my problem within days, and after that we quickly made progress. Thank you for making a terrible experience soooo much easier!!! I am now in a new vehicle thanks to more
Jenna Pedersen
Jenna Pedersen
12:22 25 Jan 19
Kahn & Associates,Dean & I would like to thank you and your team from the bottom of our hearts. We are very satisfied with... all of the great work & effort your team has put forth so that we can have some peace of mind. We’ve received the check and we will be taking the car into the shop for some repairs. We will take it step-by-step to get to the root of the car problems. Your cooperation in this matter was greatly appreciated. We give you and your team five stars, we would highly recommend you & your team’s services to anyone with car problems such as ours. We wish you and your team all the best in the coming years and through out the future. Best wishes. Sincerely, Dean and Maryread more
M Lopez
M Lopez
18:41 22 Jan 19
I would recommend this Law Office to everyone, they worked very quick to get my case going. The attorney stayed in touch... with me and was very up front with everything and included me in every decision made. I appreciate your hard more
Mildred Brown
Mildred Brown
00:18 15 Jan 19
I am totally satisfied with Kahn&Associates they were very helpful in setteling my lawsuite against Ford company concerning... my more
conrad warren
conrad warren
19:00 15 Dec 18
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