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CHANGES IN GEORGIA:

• Reminder that as of mid-year 2015, the Lemon Law Administration moved from the office of the Governor to the GA Office of the Attorney General. As such, our unit name changed from the Office of Consumer Protection (OCP) to the Consumer Protection Unit (CPU). Accordingly, our letterhead and all published materials changed. Our rules also moved from Section 122 to Section 60. Manufacturers and Dealerships were made aware of the changes (letters went out to each Manufacturer and every GA Dealership). Everyone was given at least 6 full months to switch to the new paperwork (particularly the Lemon Law Rights Statement). As of 2017, everyone should be distributing the new forms with the GA AG Seal on the top.

 • A recent legislative amendment for autocycles (3-wheeled motor vehicles) has passed in GA. Effective July 1, 2017, it is no longer necessary to acquire a Class M (Motorcycle) license to operate 3-wheeled motor vehicles that are equipped with a steering wheel for directional control. Now, only a Class C license is required. The change is prompting review to determine whether these vehicles now are covered under GA’s Lemon Law. As of now, the GA DMV still classifies these types of vehicles as motorcycles, therefore they are not currently covered by the GA Lemon Law. See OCGA §40-5-23(c)

• Recent legislation passed in GA regarding autonomous vehicles. (see SB 219) As newer technology develops more proposed legislation is expected. The GA LL Administration will be keeping a watchful eye to ensure new legislation with regards to AVs will be comprehensive enough to include protection under GA’s 11 

CHANGES IN VERMONT:

• Current definition of “Consumer” (emphasis added) § 4171. Definitions: "Consumer" means the purchaser, other than for purposes of resale of a new motor vehicle or lessee of a new motor vehicle, other than for the purposes of sub-lease, which has not been previously leased by another person, any person to whom such motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, but "consumer" shall not include any governmental entity or any business or commercial enterprise which registers or leases three or more motor vehicles. There is a proposal to remove “registers or leases three or more motor vehicles…” within Consumer definition and add “primarily used for business or commercial enterprise.” …but "consumer" shall not include any governmental entity; or any person or entity, as irrevocable trust*, with three or more motor vehicles, primarily used for business or in a commercial enterprise, that are registered or leased in the same name.

 • Add a provision to void binding arbitration or similar waiver agreement a consumer entered into knowingly or unknowingly that precludes him/her from filing a Demand for Arbitration. Proposal – Combo of Florida, Texas language plus VT’s addition of “lessee” and class action reference. “Any agreement entered into by a consumer that waives, limits, or disclaims the rights set forth in this chapter, or that requires a consumer not to disclose the terms of such agreement as a condition thereof, is void as contrary to public policy. Two exceptions are: if the exclusion or modification is made under a settlement agreement between parties; or if owner/lessee doesn’t opt out of a class action settlement proceeding. The rights set forth in this chapter shall extend to a subsequent transferee of such motor vehicle.

 • Change “manufacturer’s express warranties” to “manufacturers’ express warranties” adding similar to: “i.e.; any warranty provided through the manufacturer.* This would authorize the Board vs. current practice to consider the chassis warranty, which is typically 3 years or 36K miles; vs. only the manufacturer’s warranty, usually only 1 year, 12K miles excluding the chassis for recreation vehicles. It would enable consumers to file for a longer time period and include the chassis where problems usually arise. (Living portions excluded.) *Board’s addition.

• Current warranty provision (Emphasis added.) 9 V.S.A. § 4172. Enforcement of warranties (a) Every new motor vehicle as defined in section 4171 of this title sold in this State must conform to all applicable warranties. (b) It shall be the manufacturer's obligation under this chapter to ensure that all new motor vehicles sold, leased, or registered in this State conform with manufacturer's express warranties. The manufacturer may delegate responsibility to its agents or authorized dealers provided, however, in the event the manufacturer delegates its responsibility under this chapter to its agents or authorized dealers, it shall compensate the dealer for all work performed by the dealer in satisfaction of the manufacturer's responsibility under this chapter in the manner set forth in chapter 108 of this title known as the "Motor Vehicle Manufacturers, Distributors and Dealers' Franchising Practices Act" as that act may be from time to time amended. Proposed revision: (b) It shall be the manufacturer's obligation under this chapter to ensure that all new motor vehicles sold, leased, or registered in this State conform with manufacturer's express warranties, including any warranty provided through the manufacturer as recreation vehicle chassis warranty.

 • A Mitchell Jay (Board chair) initiative: Agree on a uniform definition of: “full purchase price” and “purchase contract” with State of Vermont’s Financial Regulation & DMV. A purchase order with signature of seller and buyer reads similar to only agreement for the sale vs. retail installment contract for those financing. The “Board” uses the signed purchase orders or other contract when implementing the refund formula. 9 V.S.A. § 4172. Enforcement of warranties (Emphasis added.) 1. (e) … In those instances in which a refund is tendered, the manufacturer shall refund to the consumer the full purchase price as indicated in the purchase contract and all credits and allowances for any trade-in or down payment, finance charges, credit charges, registration fees and any similar charges and incidental and consequential damages or in the case of leased vehicles, as provided in subsection (i) of this section. 

CHANGES IN WASHINGTON:

• Washington is in the process of updating some of Lemon Law Administrative Rules under WAC 44-10. The changes are proposed in an effort to streamline and enhance the efficiency of communications, record keeping, and procedures regarding Lemon Law Arbitrations. Changes will allow all notices to be send via email and no longer require certified mail. The proposed changes are to the following rules: WAC 44-10-010, Subpart C; WAC 44-10-200, Subpart 6; WAC 44-10-050, Subpart 2; WAC 44-10-100, Subpart 3; WAC 44-10-110; WAC 44-10-200, Subpart 1-D; and WAC 44-10-180, Subpart 5.

CHANGES IN WISCONSIN:

If you purchased your new vehicle on or after March 1, 2014, please review Lemon Law program information specific to you as you are subject to new Lemon Law rules:

If you purchased your new vehicle before March 1, 2014, please review Lemon Law program information specific to you:


 

 




Last Updated: May 2018
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