Latest news with #LemonLaw
Motor 1
02-08-2025
- Automotive
- Motor 1
Woman Buys New 2024 Kia Carnival. Now She's Posting This Video as a 'Cry For Help' After Being Forced Into a $500 Rental
What would you do if your year-old, $50,000 family vehicle became a health hazard? One Arizona mother is fighting back against what she calls a dangerous design flaw in her near-new Kia Carnival. On June 19, TikTok user Isabella Avery ( @isabelleelaineavery ) initially posted what she described as "a cry for help" after experiencing ongoing exhaust fume issues with her 2024 Kia Carnival . In a July 29 follow-up video , she announces a major development: She's retained a Lemon Law attorney and qualified for both state and federal lemon law protection. The Original Problem Avery says in the first video that she bought the vehicle brand-new from 'Kia Scottsdale' in October 2023. According to her, the car began showing problems almost immediately. There is no dealership called 'Kia Scottsdale,' so there's no way to be sure where she bought the Carnival with further information, but there is a Kia dealership in the city. Motor1 reached out to that dealership and Avery for comment. We'll update this if either responds. She says that problems have been recurring. 'Ever since I've purchased this vehicle, every time the car gets hot, even if the engine temperature gauge is only at halfway.' Get the best news, reviews, columns, and more delivered straight to your inbox, daily. back Sign up For more information, read our Privacy Policy and Terms of Use . Avery adds, 'Anytime the car gets hot or the outside is hot, which I live in Arizona, by the way, where it gets to 115 consistently, the car throws straight gas fumes and exhaust into the cabin.' It's not just uncomfortable—she thinks that it's potentially life-threatening for her family of seven. "I know for me and my husband, it gives us headaches, it makes us dizzy, and it makes us feel sick. So I can't imagine, like, how my kids are feeling when they're experiencing this," she continues, describing how her children, ranging from one to nine years old, are regularly exposed to the fumes. The symptoms her family reportedly experiences are consistent with carbon monoxide or hydrocarbon exposure, both serious health risks. "They say it's yucky. They say open the windows. We have the windows open. But we should not have to drive a $50,000 brand new van with the windows open so that we don't die," she states. Dealership Doesn't Help According to Avery, at the time the first video was recorded, multiple trips to the Kia dealership had only yielded frustration. She said that even after leaving her vehicle at the dealership for days on end, the dealership's service manager said that they couldn't replicate the smell, although they acknowledged that the problem exists. "She said that in the Kia Carnival 2024, that other people are complaining about this. She said anytime the van gets hot that they are throwing fumes into the cabin," Avery recounts. When she asked for a solution, she says their response was devastating: "Because there is no recall , there is no solution." On Avery's account, the dealership even attempted to sell her a different vehicle instead of fixing the problem, leaving her feeling abandoned with a dangerous vehicle. She says Kia Consumer Affairs proved equally unresponsive. In an update, she claims, "I basically have a case manager who's reviewing my case, and they've been reviewing it for at least four weeks now with absolutely no updates, no resolution. They haven't asked me any questions, nothing." Her greatest fear extends beyond daily discomfort. "My concern is that if I get in an accident with this vehicle, that it's just going to blow up with all of us in it,' she says. Lawyer Up As her frustrations mounted, Avery decided to get outside help. "I have officially retained legal counsel with a Lemon Law attorney. I signed the papers today. They say that my car qualifies under state and federal lemon law," she announces in her latest video about the Kia Carnival fiasco. In that video, she says that the vehicle had been in the shop for over 30 days total—including another 27-day stint, influencing her decision to lawyer up. Trending Now 'Extremely Unscientific Process:' Texas Woman's White Toyota 4Runner Gets Stolen. Then She Goes Looking for It 'I Immediately Text Our Salesperson from the Dealership:' Woman Buys 2021 Ford Bronco. Then She Looks in the Glovebox In the update video, she says, 'Obviously, this is great news for me. I don't have to do any of the communication with Kia anymore. I have an attorney who's going to handle everything for me.' Her concern extends beyond her own family. "I am still considering suing Kia because of this and for the sake of all the other families who are having the same problem and are not getting answers because it's wrong," Avery shares. Community Support and Expert Advice The TikTok community rallied with both support and practical guidance. Dozens opined that she has a case under Arizona's Lemon Law , which provides buyers with relief of up to the full amount of the purchase for cars that have significant defects the seller can't or won't repair. 58hammer, who describes themself as a Ford dealer technician, wrote, "Contact the Kia field service engineer and complain LOUD. This is absolutely NOT acceptable. The dealer should be paying for the rental." In response to her update, viewers expressed relief and offered additional strategies. PamPamNanaPam suggested she try to recover comprehensive costs. "Lawyers aren't cheap, hope you can recover those costs as well…' she wrote. 'Would add that cost too. Nickel and dime them for EVERYTHING out of pocket related to the whole ordeal!" Michelle Marie recommended documenting health impacts. "As a mom, I would consult with a physician regarding anything health wise that may result with the kids as a result of being exposed bc there's no guarantee on what might develop,' she urged. ChiefBerry agreed, saying, "Keep your kids early childhood developmental in mind. This could be huge. Why is your auto insurance company not involved? Get the national news involved." Common to Kia? Other viewers shared similar Kia experiences. Stoneeeeee revealed, "Kia engines run hot. We have a 2014 Kia Sorento that one of our college kids is driving into the ground currently. We had engine issues from the beginning. Kia ended up replacing the engine at no cost after it finally blew…and a class action lawsuit." Several commenters suggested additional escalation routes, with basset1217 sharing success. "Contact the Attorney General,' basset1217 wrote. 'We had to do that with our Hyundai in AZ. Once we contacted the AG, it was resolved quickly under the Lemon Law." With legal representation secured, Avery now awaits potential negotiations or settlement discussions with Kia. More From Motor1 'Did You Know?:' Woman Doesn't Drive Her Kia for 3 Weeks. Then She Sees What Happened to It 'Thinking About Sending the Footage to the Police:' Man Drives BMW Bike on Highway. Then He Films a Kia Soul Committing a Crime 'HOA President About to Show Up:' Man Says There's a Recall on Kias, Hyundais Over Brakes. Then He Shows What Can Happen 'That's Why They're Giving Longer Warranties:' Mechanic Runs Diagnostics on 2023 Hyundai. Then He Gets the 'Death Code' Share this Story Facebook X LinkedIn Flipboard Reddit WhatsApp E-Mail Got a tip for us? Email: tips@ Join the conversation ( )
CBS News
23-06-2025
- Automotive
- CBS News
Driving a lemon? What to know about state protections, federal warranty act
Car repairs are a pain, but if your vehicle is in the shop more than it's on the road, you could have the right to compensation under state lemon laws or the federal warranty act. Joe Siligato bought his brand new pickup truck less than a year ago, so when the low oil light came on after only a couple of months, he thought it was a fluke. Siligato, who lives in South Philadelphia, took it to his dealer to get the oil changed. But just a few months later, he said it happened again. "Two or 3,000 miles later, [the] low oil light comes on again," he said. "I told them now the engine is making noise." After multiple trips to the dealer, Siligato said he was told his brand new truck needed a brand new engine. "I'm thinking this is crazy for a $90,000 pickup truck to have this many problems," he said. Siligato sought help using the Lemon Law. He said he's hoping to get rid of the truck and get a full refund. "When they notice a symptom and they're not getting attended to, when they brought it back two or three times for the same concern, when their vehicle's in the shop for two to four weeks, then they're entitled to compensation," said Bob Silverman, an attorney who specializes in Lemon Law cases. Every state's Lemon Law is slightly different in regards to when the issue must first appear, the number of repair attempts to fix the defect, and the number of days the vehicle was out of service. Pennsylvania Lemon Law covers issues occurring in the first 12 months or 12,000 miles, whichever comes first, that cannot be fixed after three repair attempts. covers issues occurring in the first 12 months or 12,000 miles, whichever comes first, that cannot be fixed after three repair attempts. New Jersey Lemon Law covers issues occurring in the first 24 months or 24,000 miles, whichever comes first, that cannot be fixed after three repair attempts. covers issues occurring in the first 24 months or 24,000 miles, whichever comes first, that cannot be fixed after three repair attempts. Delaware Lemon Law covers issues occurring in the first 12 months that cannot be repaired after four attempts. But if state Lemon Law doesn't cover you, the federal Magnuson-Moss Warranty Act might, according to Silverman. As long as the vehicle is still under its original manufacturer's warranty and has been in the shop at least three times for the same problem, you could be entitled to compensation. It also includes a fee-shifting provision to pay for legal fees if your case is successful. In either case, Silverman said it's crucial to have proof you've tried to get the problem fixed. "It's important that a consumer collect documentation as they go along," he said. "Try not to leave the dealer without a piece of paper known as a repair order that says, 'here's what I've complained about,' 'here's what the dealer's done to investigate,' and 'here's what they found and done.'" In Siligato's case, he learned his 2024 GMC Sierra 1500 Denali is part of a recall General Motors recently announced, impacting nearly 600,000 trucks and SUVs because the V8 engine could fail. The recall impacts 2021-2024 models. Even then, Silverman says owners who are waiting for repairs due to a lack of parts might still have a Lemon Law or Magnuson-Moss Warranty Act case. Siligato said he's not interested in a replacement and wants the manufacturer to buy back his truck. Do you have a money question, a consumer issue, or a scam story you want to share? Email InYourCorner@
Yahoo
27-05-2025
- Automotive
- Yahoo
Ford Suit Claims Lemon Law Lawyers Bilked Them Out of $100M
For many buyers, the concept of the Lemon Law is a good one: when a consumer purchases a product that repeatedly fails to meet generally expected quality standards, they are provided with a legal remedy to pursue a refund. And while many automakers find themselves involved in Lemon Law cases, this next instance is a bit unique. For Ford Motor Company, instead of facing off in lawsuits over defective products, it is filing a suit against a group of Lemon Law attorneys alleging widespread fraud. Most Read on IEN: Ford Worker Accused of Stealing Millions in Parts The Cybertruck's Staggering Depreciation Shoemaker Looks to Outsmart Tariffs Podcast: Cybertruck's Wild Depreciation; Faraday's 2 Cars; BioLab Won't Rebuild Companies who are found in breach of Lemon Law are often on the hook for the legal fees of the customer, which means there are certain law firms that specialize in – and seek out – these specific types of consumer protection cases. In Ford's instance, the automaker claims that a group of nine attorneys have been presenting them with inflated bills for Lemon Law-pursuing customers, to the tune of millions of dollars. In fact, Ford's claims go even further. A report in Carscoops says Ford has accused the law firms in question of working in tandem, which they say is tantamount to fraud in violation of the RICO Act – a federal law that targets corruption. Ford's suit outlines a 'magical mystery tour of fictitious billings' including a breakdown of nonsensical hourly charges. For example, Ford says one single attorney in the case billed Ford more than 20 hours in a day on 66 occasions. 34 of these incidents were reportedly bills above 24 hours in a day and one cites a 57-and-a-half-hour workday. Ford also says one attorney billed them for traveling to two different trials held on the same day. The problem was, they were held 380 miles apart. Carscoops points to Ford's lawsuit, which suggests that half of all the legal fee applications the automaker received were suspect. The company is not only seeking $300 million in damages, but it's warning other automakers that they might be affected too. For their part, the attorneys are emphatically denying the accusations. Knight Law Group called Ford's legal action 'nothing more than a thinly veiled attempt to silence firms who would dare hold them responsible and seek justice for consumers.' Click here to subscribe to our daily newsletter featuring breaking manufacturing industry news.
Globe and Mail
23-05-2025
- Business
- Globe and Mail
'A 57 ½ Hour Workday': Ford Targets Law Firms Over Lemon Law Billing, Ford Stock (NYSE:F) Notches Up
While the phrase 'Time Lawyer' might sound like an interesting, if wildly unconventional, title for a science fiction novel, it is the kind of unexpected reality legacy automaker Ford (F) found itself facing. It took aim at several law firms in California over their billing in cases involving the state's 'Lemon Law.' Investors seemed pleased enough with Ford fighting back, and shares notched up fractionally in Thursday afternoon's trading. Confident Investing Starts Here: Ford took aim at nine separate defendants in a Los Angeles federal court, referring to the defendants' billing processes as a 'magical mystery tour' of what one report called '…fraudulent…inflat(ion)…' Ford alleged that the l awyers involved spread their time over what reports called 'thousands of cases' against 'several automakers' so that the behavior in question would go unnoticed. Perhaps the centerpiece of Ford's counterattack is the claim that, somehow, one attorney managed to turn in 57.5 billable hours…in one day. And yes, a day still contains 24 hours, leaving it physically impossible for any one attorney to turn in more billable hours than there are hours in a day. Further, reports noted, the time-traveling lawyer in question–Amy Morse with Knight Law Group–was not the only such temporally-gifted entity the law firms employed. In fact, 'numerous' instances of lawyers billing more than 24 hours in any one day emerged. One lawyer apparently managed to bill 29 hours in one day, as said lawyer '…prepare(d) for, travel(ed) to, and attend(ed) two trials…' in one day that were located around 400 miles apart. Jack Cooper, Back From the Dead….Sort Of Not so long ago, we had a report about a company that has a lot of connection with Ford: Jack Cooper. The car hauler was unceremoniously shut down after Ford pulled most of its contracts with the firm. But apparently, a former Jack Cooper employee, McKinley Archie, did not take this lying down. Archie, along with three others, gathered capital together and started Squirrelly LLC, a car hauling company. One of Squirrelly's first deals was with Ford, the reports noted, and now, the former Jack Cooper employee who started his own firm, along with a collection of other, close friends and colleagues, is back hauling Ford. So far, the reports note, the former Jack Cooper employees have hauled 17 loads to dealerships in Michigan, and nine loads to Texas dealerships. Is Ford Stock a Good Buy Right Now? Turning to Wall Street, analysts have a Hold consensus rating on F stock based on two Buys, 12 Holds and three Sells assigned in the past three months, as indicated by the graphic below. After a 13.46% loss in its share price over the past year, the average F price target of $9.59 per share implies 8.58% downside risk. See more F analyst ratings Disclosure
Miami Herald
23-05-2025
- Automotive
- Miami Herald
Ford files shocking $300 million RICO lawsuit
Back in 1970, California passed the Song-Beverly Consumer Warranty Act. The law protects California car buyers, and other consumer types, from buying faulty vehicles. The law ensures that every retail sale of consumer goods in the state is accompanied by certain implied warranties and limits retailers from voiding those warranties. Related: Elon Musk confirms Tesla's summer plans Song-Beverly is one of the strongest consumer protection laws in the country. Retailers sued under the law must reimburse litigation costs and attorneys' fees. So if you buy a car from Ford that is a lemon, the car manufacturer could be required to buy back or replace your vehicle if, after a "reasonable" number of repair attempts, no solution is found. As one might imagine, people looking to game the system can sometimes abuse such a strong consumer protection bill. The number of Lemon Law claims filed has soared in recent years. "These numbers are even more dramatic in California due to the Song-Beverly Act and its fee-shifting provisions (which creative plaintiffs' attorneys may use as leverage against manufacturers)," according to The auto industry, which comprises most of the Song-Beverly Act claims, faced nearly 15,000 warranty complaints in 2022 and even more in 2023. This week, Ford decided to fight back against this rising tide with a shocking lawsuit. On Friday, Ford filed a civil racketeering lawsuit against lemon-law firms and lawyers in California. Ford alleges that three law firms led by the Knight Law Group LLP and six affiliated attorneys and staff members violated the Racketeer Influenced and Corrupt Organizations Act, overbilling for legal fees by submitting court timesheets recording more than 24 hours worked in a single day. "Ford's civil RICO suit against a number of lawyers and law firms is a result of a comprehensive investigation that uncovered what's alleged to be a massive scheme to submit phantom invoices filled with 'ghost hours' for work that was never performed to deceive California judges, dupe their own clients and to defraud auto manufacturers, Doug Lampo, Ford counsel," said in a statement to The Detroit News. Ford says it has identified hundreds of cases in which at least $100 million of legal bills were fraudulently charged to manufacturers by lemon-law lawyers. Related: Shocking China news sends Detroit Big 3 shares roaring In one instance, one attorney billed as many as 57.5 hours on November 30 across multiple cases. That same lawyer billed more than 20 hours on at least 66 occasions. Ford also says The Knight Law Group routinely brought in other law firms and attorneys as co-counsel to handle trial work, often overstaffing cases with 10 to 15 lawyers. Ford is seeking at least $100 million in damages, but RICO statutes could triple those damages. Ford says these law firms are taking advantage of a law meant to protect consumers to fraudulently enrich themselves. "Defendants abused their positions of trust as members of the Bar to deceive the courts," said Daniel Saunders, the Ford attorney who filed the lawsuit. Ford says that at least half of the legal fee applications on behalf of vehicle buyers over the last decade were inflated. More Ford news Ford CEO Jim Farley has strong take on tariffs Ford makes a drastic decision in the face of tariff overhangFord CEO Jim Farley flags concerning behavior from new car buyers The lawsuit also suggests that Ford wasn't the only victim of this scheme. "Ford has identified hundreds of cases in which not less than $100 million of legal bills were unlawfully sought and collected," Saunders wrote, according to The Detroit News. "A review of fee claims in multiple cases takes one on a magical mystery tour of fictitious billings, including individual attorneys who supposedly worked more than 24 hours per day or simultaneously attended different trials or depositions in geographically distant jurisdictions." Related: Veteran fund manager unveils eye-popping S&P 500 forecast The Arena Media Brands, LLC THESTREET is a registered trademark of TheStreet, Inc.
