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Children Found to Be a Large Number of I.D. Theft Victims

By California Lemon Law Attorney on January 27, 2012

Any case of identity theft in California and throughout the nation can have devastating effects on a victim with research showing that children have become an increasingly common target. Out of the millions of identity theft victims every year, approximately 140,000 are children, according to The Chicago Tribune.

Frequently, the identities of children are stolen by perpetrators who obtain their social security numbers in order to open a line of credit. Since credit issuers cannot verify the applicant’s age through the social security number alone, criminals can state whatever age they want, creating an “official” age for credit history and all future transactions. Identity theft of children is especially devastating because it can go undetected for many years, building up huge debt and bad credit for children before they even have their first job or credit card. Since parents would not think to check their children’s credit history or set up a CA identity theft fraud alert, identity thieves can have access to these lines of credit for years.

A child’s identity can be stolen by a perpetrator stealing a social security card or determining a child’s number through a government-issued sequence based on place and time of the child’s birth. While social security numbers became randomized in 2011, many children are still at risk.

Having your identity stolen at any stage of your life can be devastating, both emotionally and financially. Those suffering from identity theft and its effects can contact Riverside identity theft lawyer Howard D. Silver for legal representation and the chance to end the effects of identity theft. Call (866) 49-LEMON today for a free consultation on your case by the skilled legal team at the Law Offices of Howard D. Silver.


California Legislation Aims to Regulate Buy Here Pay Here Used Car Dealers

By California Lemon Law Attorney on January 11, 2012

After much discussion and controversy, the California Senate is considering new regulations on used car dealer lending practices. “Buy Here Pay Here” used car dealers would be considered “lenders” under the newly-introduced bill SB 956 and regulated by the Department of Corporations, according to The Los Angeles Times.

Pay Here Buy Here used car dealers operate differently than many other dealerships as they finance car purchases themselves, not through someone else such as a bank or credit union. As such, they make installment loans with consumers with very little government regulation. These types of dealers may charge too much for older model used cars, have unfavorable repossession policies and charge incredibly high interest rates for their loans.

The new bill would require, among other things, Buy Here Pay Here dealers to cap interest rates at 17%, prohibit placing GPS locaters on cars and devices to keep cars from starting when the consumer is behind in his or her payments.

Car dealers often present themselves as offering great deals for consumers they serve. However, some dealers may choose to deceive their customers and advertise the vehicles they sell in a deceitful way. If you believe you have suffered from dealer fraud, San Bernardino used car fraud attorney, Howard D. Silver, can help.


Understanding Wisconsin’s Lemon Laws

By California Lemon Law Attorney on January 4, 2012

All across the United States, lemon vehicles cause consumers financial and emotional difficulties. Therefore, every state has a lemon law, including Wisconsin.

The Wisconsin lemon law sets up provisions for consumers that either buy or lease a new vehicle that is a lemon. To qualify for relief, the car, truck, motorcycle, or motor home must be not more than one year old, still under warranty and have a defect that the dealer cannot fix in a maximum of four attempts or the vehicle is in service for warranty repairs at least thirty days.

Such defects must be “serious” and affect the use, value, or safety of the car. Once the vehicle has been officially declared a lemon, the manufacturer must either replace the car or refund the purchase price, minus a reasonable amount for mileage.

Under Wisconsin law, used cars do not qualify as lemons unless it’s within one year of the original owner’s delivery date or expiration of the original manufacturer’s warranty. If the vehicle does not qualify, consumers may still be protected under various other regulations, such as the Federal Trade Commission’s (FTC) Used Car Rule or the Unfair and Deceptive Arts and Practices (UDAP) law.

Lemon vehicles cause problems and losses for consumers across the nation. If you believe your vehicle is a lemon, Los Angeles lemon law lawyer Howard D. Silver, can help. Contact the Law Offices of Howard D. Silver for a free consultation about your case by calling (866) 49-LEMON.


California Cracking Down on Identity Theft with New Crime Unit

By California Lemon Law Attorney on December 29, 2011

California authorities have announced the official creation of a new crime fighting unit known as the eCrime Unit designed to target crimes involving technology, such as identity theft. In recent years, identity theft crimes have risen in in California and across the United States as criminals learn new ways to use technology to illegally gain access to money and create various identity theft traps. According to California Attorney General Kamala Harris, more than 1 million Californians are victimized by identity theft every year.

Although the eCrime Unit began operating in August it was not officially announced until December 2011. The unit is supposed to be focusing on using innovative law enforcement strategies to investigate and prosecute technologically savvy criminals. The unit will be working with law enforcement across the state and will help prosecute criminals who often affect several jurisdictions with their activities. The unit employs a total of 20 attorneys and investigators and has already been instrumental in cases, including a Sacramento-based Facebook hacker sentenced to four years in prison.

In the U.S., California had the greatest number of identity theft complaints in 2010 and 10 of the top 25 metropolitan areas affected by identity theft. In total, identity theft crimes totaled $46 million in losses in 2010.

Identity theft can severely harm a victim’s livelihood and leave long-lasting damages if not dealt with swiftly and correctly. Los Angeles identity theft attorney Howard D. Silver can protect you from fraudulent debt and improper debt collection caused by identity theft. For a free consultation on your identity theft rights, call (866) 495-3666 today.


Chevrolet Captiva Recalled Due to Fire Hazard

By California Lemon Law Attorney on December 23, 2011

General Motors, in conjunction with the U.S. National Highway Traffic Safety Association (NHTSA), has recalled some Chevrolet Captiva model cars due to a power steering fluid leak that could lead to a fire. The recall is for 3,150 units manufactured from October 2, 2009 through April 21, 2011.

When the Captiva is operated in manual mode in first gear, the engine and power steering operate at a higher speed than is normal. This results in excess heat that is transferred to the power steering fluid. The power steering fluid can get so hot that it reaches the pump reservoir’s melting point. Also, after prolonged and repeated exposure to high fluid temperatures, the reservoir could leak flammable fluid, which may catch on fire when near an ignition source.

Owners of affected cars will be notified about the problem by General Motors in January 2012. Replacement parts are expected to be available in March 2012. Owners will be able to bring their vehicles to dealers and have the power steering fluid cooler replaced with an improved model.

If the vehicle you purchased has problems that cannot be repaired after multiple attempts it may be a lemon. For help with your lemon vehicle, contact Southern California Lemon Law attorney Howard D. Silver at (866) 49-LEMON for a free consultation about your problem.


Lemon Law Coverage in New York

By California Lemon Law Attorney on December 16, 2011

The New York lemon law is similar to what exists in other parts of the United States. There are rules protecting both new and used car owners from vehicles that require multiple repair attempts for a problem that affects the use, value or safety of the vehicle.

The New York new car lemon law applies to vehicles that have less than 18,000 total miles or are under two years old. When the vehicle has a serious problem or defect that is not fixed after four or more repairs or is out of service for a minimum of 30 days, it can qualify as a lemon. If a consumer then goes to arbitration and wins, he or she can receive either their money back minus an allowance subtracted for mileage or a replacement vehicle that is comparable to the car in question. Used cars that are purchased with less than 18,000 miles may also be classified as new cars.

When a car is purchased or leased from a dealer with over 18,000 miles or is older than two years, it is subject to the New York used car lemon law. Dealers must provide a warranty for used vehicles in the following manner:

  • A 90 day/4,000 miles warranty for cars that have under 36,000 miles;
  • A 60 day/3,000 miles warranty for cars that have between 36,000 and 80,000 miles; and
  • A 30 day/1,000 miles warranty for cars that have between 80,000 and 100,000 miles.

Whatever state you’re in, the lemon law can be complicated. That’s why you may need an experienced attorney to sort through the details and get the best results possible. If you believe your car is a lemon, the Ontario, CA lemon law lawyer Howard D. Silver can help you today. Call (866) 49-LEMON for a complimentary consultation on your case.


What Are the Most Cost Effective Cars to Fix?

By California Lemon Law Attorney on December 12, 2011

A recent study released by the automotive website CarMD has calculated which vehicles are the most and least expensive to repair. According to the report, based upon repair data culled from the site’s network of 3,000 U.S. car mechanics, the top five least costly car brands to fix are:

  1. Toyota
  2. Hyundai
  3. Honda
  4. Ford
  5. General Motors.

The brands in slots six to ten are Mitsubishi, Nissan, Kia, Volkswagen, and Chrysler.

This report differs from other surveys, in that it compares single models and companies overall, and combines the number of repairs with the repair charge to calculate the ranking. Although the report used data for vehicles from 2001 to 2011, the statistics are predominantly taken from 2011 through the first day of October. The study’s ratings of manufacturers were based on a sum of all their brands. For instance, the ranking for General Motors includes brands and models from Buick, Chevrolet, Cadillac, and GMC. Toyota’s ranking includes Lexus and Scion.

The highest rated model, or most cost effective to maintain and repair, was the 2009 Toyota Corolla, which not only had scarce visits to the repair shop but also a low median repair charge of $45.84. Other honorable mentions in the report were for the Hyundai Elantra and Ford Edge.

If you think your car is a lemon, contact Southern California lemon attorney Howard D. Silver at (866) 49-LEMON for a complimentary consultation.


Regulators Investigating GM on Shift Lever Problem

By California Lemon Law Attorney on November 23, 2011

Officials with the federal government and the National Highway Traffic Safety Administration (NHTSA) have been looking into automatic shift lever problems with certain General Motors (GM) vehicles that have resulted in at least seven crashes.

The NHTSA investigation started when it became aware of similar problems with GM’s Saturn Azura from 2007 to 2009, which affected almost 89,000 cars. The agency is currently examining to see if the issues affect other vehicles in the General Motors stable. The models under review include 2004 to 2008 Chevy Malibus and the Pontiac G6 (from 2005 to 2008), according to NHTSA documents.

In affected vehicles, the protective casing that guards the floor shift lever for the transmission can potentially corrode, subjecting the cables to abrasive elements. This may cause a car to slip into the wrong gear, or fail to shift entirely.

NHTSA said it had been notified of three crashes (there are officially four filed with GM currently) that were caused by the shift lever problem and one instance of personal injury. In the injury case, a driver put the vehicle in park, exited the car, and was struck by the car when it rolled backwards. Another incident occurred when a driver put the car in park but the transmission stayed in reverse, sending the car backwards into a collision with a building.

No one ever expects that their vehicle will have a problem that you can’t fix. However, vehicle flaws and defects do happen and often persist even after many repair attempts. If you think your vehicle is a lemon, call the Los Angeles lemon law attorney Howard D. Silver at (866) 49-LEMON for a free review of your problem.


Understand Connecticut Lemon Law

By California Lemon Law Attorney on November 11, 2011

Connecticut was actually the first state to enact a consumer Lemon Law in the United States. Under Connecticut Lemon Law Statute Chapter 743b, “Automotive Warranties,” consumers are permitted to file a lemon law claim by one of two ways: government supervised arbitration or private litigation against the automotive company.

The lemon law in Connecticut covers new motor vehicles that are bought or leased in the state that:

  • Fail to follow the terms of the carmaker’s express warranty;
  • Possess significant manufacturing problems that affect the function, safety, or worth of the car (not caused by the new owner); or
  • Possess significant manufacturing faults that happened in the first two years of ownership 24,000 miles registered on the odometer, whichever occurs or ends first.

Every claim is treated on a case-by-case basis by the government arbitration panel. However, the likely outcome from a successful Connecticut lemon law case is:

  • An equivalent replacement vehicle issued by the manufacturer; or
  • Repayment of the purchase price with potential deductions for related damages or losses.

Typically, the panel reaches a decision within 60 days from the day that the claim was received.

If you believe your California vehicle may be a lemon, contact the Southern California lemon law attorney Howard D. Silver at (866) 49-LEMON for a free consultation.


The Basics of Alabama Lemon Law

By California Lemon Law Attorney on November 8, 2011

Alabama lemon law is similar to other states in that the owner of a problematic new vehicle may be able to obtain a replacement vehicle or a refund of his money, if the manufacturer fails to fix the problems after a reasonable number of attempts.

Lemon law in Alabama (found under state statute 8-20A) only pertains to new motor vehicles, described as any self moving vehicle primarily used on municipal roads, and which possesses a carmaker’s gross vehicle weight rating (GVWR) of under 10,000 pounds. For that reason, motor homes are not protected under AL lemon law.

A vehicle is deemed a lemon if its imperfections cannot be satisfactorily reconciled after at least three repair attempts by the carmaker. It can also be deemed a lemon if the car is held in the manufacturer’s possession for 30 calendar days or more for repairs. That said, these conditions only apply when the repair attempts occur during the first 24,000 miles or 2 years of ownership, whichever happens first. Also, a manufacturer must be informed in writing about the problems during the first 12,000 miles or one year following the initial sale.

Lemon laws can be complex and confusing, varying from state to state. That’s why you may wish to consult an experienced lemon law attorney in your area for help. If you think your car may be a lemon, call Southern California lemon law lawyer Howard D. Silver at 1-866-49-LEMON for a free consultation.


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