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Nov. 6, 2024

State Supreme Court ruling and new bill cut into consumer lemon law protections

Approximately 3.5 million used cars sold in California in 2024 will no longer be eligible for the refund-or-replace remedy, significantly affecting consumer protections. However, used car buyers can still pursue claims against dealers and distributors.

Joseph A. Kaufman

Founder, Joseph Kaufman and Associates

Shutterstock

The lemon law landscape in California is changing rapidly. Assembly Bill 1755 (AB 1755) was signed into law less than two months ago, limiting the consumer protections of the Song-Beverly Consumer Warranty Act (Song-Beverly Act), colloquially referred to as California's Lemon Law. Among other changes to the lemon law, AB 1755 created pre-suit notice requirements as a prerequisite to pursuing civil penalty damages, and post-suit procedures that will delay and limit discovery i...

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