California Lemon Law blog « A Blog by the Law Offices of Barry L. Edzant

Volkswagen Group of America, Inc. (Volkswagen) will be contacting the owners of certain front-wheel drive Volkswagen and Audi vehicles because the suction jet pump seal inside the fuel tank could fail. This failure could allow fuel to flow into the evaporative emissions (EVAP) system and possibly leak out of the charcoal canister.

The problems started in August 2016 when Volkswagen determined there was a defect affecting vehicles built with a specific suction jet pump. A Recall (16V-647) was issued and the affected vehicles received an improved version (Version 1.1) of suction jet pump.

In April 2018 Volkswagen started to receive their first reports of suction jet pump failures and an investigation was started. During an analysis of these warranty claims and customer complaints (VOQ’s), the evaluation of the field performance of the improved version of the suction jet pump indicated an increased failure rate. The topic was discussed at the Product Safety Committee’s of Volkswagen and Audi and a recall for all front wheel drive vehicles that have been equipped with the improved version was decided (based on 1410 warranty claims on FWD vehicles with repair dates between 05/01/2016 and 12/31/2023)

The vehicles affected include:

2015-2020 Audi A3 Sedan
2015-2019 Audi A3 Cabriolet
2019-2020 Volkswagen Jetta GLI
2018 Volkswagen Golf Sportwagen GP
2018-2019 Volkswagen Golf Sportwagen A7
2015-2017 Volkswagen Golf Sportwagen
2015-2020 Volkswagen Golf GTI
2015-2020 Volkswagen Golf A7

The recall remedy component is a redesigned suction jet pump (Version 2.0) and has incorporated multiple changes/improvements. The remedy part has the part number 5Q0.201.029 A, the recalled part has the part number 5Q0.201.029.

Owners receiving notices will be instructed to return to their dealers to have the suction pump replaced. Volkswagen’s numbers for this recall are VW: 20UF/Audi: 20YF. The NHTSA campaign number is 24V-110. Vehicles that were previously recalled under 16V-647 will need to have the new remedy completed.

In a recent announcement, Ford has highlighted a critical concern affecting a specific subset of its 2023 Ford Explorer vehicles. The issue revolves around the right-front lower fastener connecting the steering knuckle and strut, which may either be loose or missing altogether. This problem can have significant repercussions on the vehicle’s performance and safety.

A loose or missing connection between the knuckle and strut can lead to improper tire alignment, potentially causing steering pulls or requiring increased steering effort. Moreover, the proximity of the brake hose to the tire in this compromised setup poses an additional risk. If the hose comes into contact with the tire, it may sustain damage resulting in a brake fluid leak, ultimately leading to a loss of braking ability. These circumstances significantly elevate the likelihood of a crash, underscoring the severity of the situation.

Upon receiving a report of a missing fastener,Ford’s Critical Concern Review Group (CCRG) initiated an investigation at the beginning of January 2024. The Plant Vehicle Team (PVT) at the Assembly Plant promptly identified the issue during a routine warranty claim review. Further analysis revealed that the primary double spindle fixture tool responsible for securing the right front knuckle-to-strut fasteners was offline for repairs during a specific period. This temporary setback affected a limited number of vehicles, with Ford confirming that out of 121 Explorer rotations, only one vehicle was found to have a missing fastener. Nonetheless, the company is taking proactive steps to address the concern.

While Ford has not identified any vehicle owner questionnaires (VOQs) related to this condition, it’s crucial for affected vehicle owners to remain vigilant. Signs of potential issues include a visually detectable tire leaning inward at the top or changes in steering effort or pull. Additionally, if there are any indications of tire contact with the strut or spring seat, such as abrasion damage or a burning smell, prompt action is necessary.

In response to this concern, Ford has announced a field action to have the affected vehicles inspected. Dealers will thoroughly examine the fasteners and take appropriate measures, such as tightening or installing them as needed, to rectify the issue. Affected vehicle owners can reference Ford’s recall number 24S04 and the corresponding NHTSA campaign number 24V-091 for further information and to schedule inspections.

Importance of Keeping Records for Lemon Vehicles:

Maintaining detailed records of repairs and maintenance for your vehicle is essential, especially if you suspect that your vehicle might be a lemon. Lemon laws vary by jurisdiction, but generally, they provide recourse for consumers who have purchased a defective vehicle that the manufacturer has failed to repair adequately within a reasonable number of attempts.

Keeping comprehensive records serves several purposes. Firstly, it provides documentation of the issues you’ve experienced and the attempts made to address them, which can be crucial evidence if you need to pursue legal action under lemon laws. Additionally, it helps establish a pattern of recurring problems, strengthening your case for a vehicle replacement or refund.

Furthermore, detailed records can expedite the repair process by providing technicians with essential information about past issues and repairs. This can help diagnose and resolve problems more efficiently, minimizing inconvenience for you as the owner.

In summary, maintaining thorough records of repairs and maintenance is not only good practice for vehicle ownership but can also be invaluable if you find yourself grappling with a lemon. By documenting issues and repairs diligently, you empower yourself to assert your rights as a consumer and seek appropriate recourse if necessary.

Tesla, the renowned electric vehicle manufacturer, has initiated a comprehensive recall affecting a wide range of its vehicles, spanning from 2012 to 2024 models, due to a problem that compromises the visibility of critical safety information on the instrument panel. This recall specifically targets owners of the 2012-2023 Model S, 2016-2024 Model X, 2017-2023 Model 3, 2019-2024 Model Y, and the 2024 Cybertruck. The core issue revolves around the display of crucial safety information, which could be obscured due to an incorrect font size, potentially hampering the driver’s ability to stay informed about the vehicle’s safety status.

The problem came to Tesla’s attention in January 2024 during a routine compliance audit that involved a 2023 Tesla Model Y. It was then that the National Highway Traffic Safety Administration (NHTSA) alerted Tesla to the non-compliance of the vehicle with specific regulatory standards regarding the letter font size height, as stipulated in the Federal Motor Vehicle Safety Standards (FMVSS) No. 135, specifically section S5.5.5(a). This prompted Tesla to conduct an exhaustive review of its manufacturing and software records, leading to the decision to issue a recall.

Since identifying the issue on January 24, 2024, Tesla has uncovered three warranty claims potentially linked to this problem, underscoring its prevalence and significance. Despite these findings, Tesla has reported no known crashes, injuries, or fatalities related to this condition, highlighting the company’s proactive approach in addressing potential safety concerns.

The defect pertains to the display of the brake, park, and antilock brake system (ABS) warning lights on the instrument panel. The font size used for these crucial warning indicators was found to be below the minimum requirements set forth by federal motor vehicle safety standards concerning hydraulic and electric brake systems, as well as light vehicle brake systems. This non-compliance could potentially obscure critical safety warnings, posing a risk to drivers and passengers alike.

In response to this issue, Tesla has initiated an over-the-air (OTA) software update, specifically designed to correct the font size of the Brake, Park, and ABS visual warning indicators. The update ensures that the letter font size is increased to not less than 3.2 mm (1/8 inch), aligning with the requirements of FMVSS Nos. 105 and 135. This software update began rolling out to certain affected vehicles in late January 2024, with the initial deployment featuring software release 2023.44.30.13. Tesla plans to extend this OTA update to all remaining affected vehicles with an upcoming release scheduled for early February 2024.

Tesla’s commitment to rectifying this issue is evident in its recall number SB-24-00-003 and the NHTSA campaign number 24V-051. This recall reflects Tesla’s dedication to ensuring the safety and compliance of its vehicles with federal safety standards. Vehicle owners affected by this recall can expect to be contacted by Tesla for the software update, reaffirming the company’s commitment to the safety and satisfaction of its customers.

The Jeep Wrangler 4XE plug-in hybrid has faced a series of challenges that have left many owners questioning the reliability of their vehicles. Reports from owners highlight a range of issues, from stalling engines that cannot be restarted to transmission errors, battery defects, and more serious safety concerns.

One common complaint among Wrangler 4XE owners is the vehicle’s tendency to stall unexpectedly, leaving drivers unable to restart the car. This issue is not just inconvenient but poses a significant safety risk, especially if it occurs in traffic or remote areas. Additionally, there have been reports of defective batteries and blown fuses, further contributing to the vehicle’s unreliability.

Transmission problems are another significant issue, with some owners experiencing leaks and errors, alongside instances where the shifter becomes stuck in park, rendering the vehicle immobile. Warning lights, such as the check engine light and power steering light, frequently accompany these mechanical failures, along with messages indicating the need to “Service Electronic Stability.”

Charging issues have also been a point of frustration. Errors like “Service Charging System” have been reported, alongside malfunctions in the Power Inverter Module (PIM), further complicating the ownership experience. In some cases, these electrical issues lead to a complete loss of power, preventing the vehicle from starting.

More alarming are reports of oil leaks from the exhaust and rear undercarriage, with one vehicle diagnosed with a bad pinion seal on the rear axle at merely 241 miles on the odometer. The recurrence of such leaks, accompanied by smoke and the potential risk of fire, underscores the severity of the Wrangler 4XE’s problems.

The erratic behavior of the vehicle’s transmission and propulsion systems, including sudden stops in the middle of highways and unintended acceleration that has led to property damage, raises significant concerns about the safety and reliability of the Jeep Wrangler 4XE.

For owners facing these daunting issues, California’s Lemon Law provides a beacon of hope. This law is designed to protect consumers who have purchased or leased new vehicles covered by a manufacturer’s new vehicle warranty. If a vehicle proves to be defective and cannot be repaired after a reasonable number of attempts, the manufacturer is required to either replace the vehicle or refund the purchase price to the consumer.

Under the California Lemon Law, owners of the Jeep Wrangler 4XE experiencing repeated failures that substantially impair the vehicle’s use, value, or safety may be entitled to relief. It’s essential for affected owners to keep detailed records of all repairs and attempts made to address the issues, as these documents will be crucial in pursuing a lemon law claim.

The myriad of problems faced by Jeep Wrangler 4XE owners highlights the challenges in the automotive industry’s shift towards electrification, especially in models that are expected to perform under the demanding conditions for which Jeeps are renowned. For those grappling with these defects, understanding and utilizing the protections offered by the Lemon Law can provide a pathway to resolution and ensure that manufacturers are held accountable for the reliability and safety of their vehicles.

Hyundai Motor America (Hyundai) is initiating a recall for certain 2024 Kona models due to a potential risk of electrical short circuiting. This issue arises from the possibility of the battery cables rubbing against the engine control module bracket.

These vehicles are equipped with a 12-volt positive battery cable that could suffer damage during frontal collisions, leading to contact with the engine control module (ECM) bracket. This contact increases the likelihood of an electrical short, which could result in a fire in the engine compartment post-collision. Signs of this problem include smoke or a burning smell emanating from the engine area.

The issue first came to Hyundai’s attention in November 2023, following a report by the Insurance Institute for Highway Safety (IIHS) about an engine compartment fire in a 2024 Hyundai Kona 1.6T-GDI AWD during a crash test. The IIHS observed smoke and flames emerging from the engine area shortly after the test. Their preliminary assessment indicated a short circuit in the ECM, which led to repeated reignitions. The situation was resolved after disconnecting the auxiliary battery. This incident prompted NASO to launch a new investigation.

A joint examination by NASO, HMC, HATCI, and IIHS revealed damage to the alternator and 12-volt positive power wiring beneath the ECM, with exposed copper cores. The ECM bracket was found pressing against the 12-volt positive battery cable, believed to have shifted during the crash and caused the electrical short leading to the fires.

In response, Hyundai conducted crash tests in December with newly designed sheathing to protect the 12-volt positive wiring from shorting due to ECM bracket contact. These tests were successful, showing no damage or electrical shorting. Consequently, HMA’s NASO decided to recall the affected Kona vehicles.

To date, there have been no reported crashes, injuries, or deaths related to this issue, except for the single fire incident during the IIHS test. Hyundai is unaware of any field incidents. Vehicle owners will be notified to return their vehicles to Hyundai dealers for the installation of protective sheathing over the wiring. The recall is designated as number 252, with NHTSA campaign number 23V-900.

The National Highway Traffic Safety Administration (NHTSA) has recently issued a cautionary statement regarding the use of aftermarket steering wheel decals. They are alerting vehicle owners to the potential safety risks associated with these popular accessories. This advisory, while not directly related to Lemon Law issues, underscores the importance of prioritizing safety in vehicle modifications.

The NHTSA’s Concern

The center of NHTSA’s advisory lies in the potential hazards that steering wheel decals pose. Often crafted from materials such as vinyl or plastic, these decorative additions can interfere with the steering system’s safety features, particularly airbags and control buttons. In extreme scenarios, such interference might hinder airbag deployment in accidents, elevating the risk of driver injury.

A Safety Perspective

The NHTSA’s warning provides an essential distinction between manufacturer defects covered under Lemon Laws and aftermarket modifications made by vehicle owners. Lemon Laws are designed to protect consumers from manufacturer-related issues, but do not extend to aftermarket alterations like steering wheel decals. This distinction is critical as it places the responsibility for any resulting safety issues on the owner post-modification.

Safety Risks of Steering Wheel Decals

While steering wheel decals might appear to be a simple cosmetic enhancement, they can inadvertently impact a vehicle’s safety. These decals can obscure important warning labels or indicators, potentially causing confusion. Additionally, they may alter the feel and function of control buttons, leading to distraction or delayed reactions from the driver in crucial moments.

Manufacturer Warnings and Warranty Concerns

Vehicle manufacturers often advise against modifications that could affect safety feature functionality. Installing aftermarket steering wheel decals could lead to warranty voidance, particularly if these modifications contribute to any system malfunctions or failures. Vehicle owners should consider this potential impact on their warranty coverage before proceeding with such modifications.

Making Informed Choices: Safety vs. Aesthetics

NHTSA encourages vehicle owners to consider safety implications ahead of aesthetic preferences when modifying their vehicles. For those still looking to customize their steering wheels, there are safer alternatives. Options like custom stitching or accessories approved by the manufacturer can provide personalization without sacrificing safety.

Prioritizing Safety in Vehicle Customization

To sum up, while aftermarket steering wheel decals are not a Lemon Law matter, their influence on vehicle safety cannot be overlooked. The NHTSA’s warning is a vital reminder for consumers to carefully consider the safety implications of any vehicle customization. Remember, when it comes to modifying your vehicle, ensuring that aesthetics do not compromise safety is crucial. In the realm of vehicle customization, it’s always better to err on the side of caution.

Automobile Rebuild Tites

Vehicles with rebuilt titles in the United States represent a unique category in the automotive market. Understanding what a rebuilt title is, its implications, and the pros and cons of purchasing such vehicles is crucial for any potential buyer or current owner.

What is a Rebuilt Title?

A rebuilt title is assigned to a vehicle that was previously deemed a total loss by an insurance company due to extensive damage or theft and then repaired to a roadworthy condition. This title indicates that the vehicle has been restored after significant damage.

How a Vehicle Gets a Rebuilt Title

Damage and Insurance Assessment: Initially, a vehicle is given a salvage title when it’s considered a total loss by an insurance company, typically due to severe damage, flood, fire, or theft.
Repair and Restoration: The vehicle is then repaired, often by a private individual or a repair facility.
Inspection: After repairs, the vehicle undergoes a state-mandated inspection to ensure it meets safety standards.
Rebranding as Rebuilt: Once it passes inspection, the vehicle’s title is rebranded from salvage to rebuilt.

Identifying a Vehicle with a Rebuilt Title

The title document itself will clearly state if it is a rebuilt title. Additionally, vehicle history report services can provide this information based on the vehicle identification number (VIN).

Impact on Automobile Insurance

Limited Insurance Options: Many insurers are hesitant to cover rebuilt title cars or offer limited policies excluding collision and comprehensive coverage.
Higher Premiums: Those that do offer full coverage might charge significantly higher premiums due to the perceived higher risk.

Pros and Cons of Buying a Rebuilt Title Vehicle

Pros

Documented Repair Work: Sellers of rebuilt title cars often provide detailed documentation of repairs, offering more insight into the vehicle’s condition than typical used car transactions.
Significant Discounts: These vehicles are generally much cheaper, with potential discounts up to 50% compared to cars with clean titles.

Cons

Safety Risks: There’s an inherent risk in the vehicle’s safety standards, as the extent and quality of repairs can vary.
Limited Insurance Coverage: Difficulty in securing comprehensive insurance coverage is a significant drawback.
Financing Challenges: Most major banks are reluctant to finance vehicles with rebuilt titles.
Voided Warranty: Manufacturer warranties are typically voided once a vehicle is marked as salvage or rebuilt.
Low Resale Value: These vehicles have a lower resale value and may be challenging to sell, as some dealerships avoid buying them.

Owning a vehicle with a rebuilt title can significantly impact the applicability and process of invoking the California Lemon Law. This law is designed to protect consumers who purchase or lease new vehicles with substantial manufacturing defects. However, when it comes to vehicles with rebuilt titles, the situation becomes more complex. Typically, these vehicles are excluded from coverage under the California Lemon Law because they are not new and have been extensively repaired after being deemed a total loss. The law primarily covers vehicles under the original manufacturer’s warranty, which is often voided in the case of a rebuilt title. Additionally, the history of significant damage and subsequent repairs makes it challenging to attribute any new defects directly to the manufacturer’s responsibility, a key criterion under the Lemon Law. As a result, owners of vehicles with rebuilt titles may find it extremely difficult, if not impossible, to seek remedy under this law for any issues that arise with their vehicle.

Vehicles with rebuilt titles present a mixed bag of opportunities and challenges. While they offer an affordable option with potentially well-documented repair histories, the drawbacks in terms of safety, insurance, financing, warranty, and resale value are significant. It’s essential for buyers to weigh these factors carefully, conduct thorough research, and consider their willingness to accept the risks associated with a rebuilt title vehicle.

The Volkswagen Group of America, operating under its Audi brand, has recently identified a critical issue in a range of its electric vehicle models. This issue revolves around the charging system, specifically the high-voltage battery modules, raising concerns about potential overheating and fire safety risks.

Affected Models

The problem affects several Audi models between 2019 and 2024, including the RS e-tron GT, e-tron GT, Q4 e-tron Sportback, Q4 e-tron, Audi A8, e-tron Quattro, e-tron Sportback Quattro, Q5, and A7.

Overheating High-Voltage Battery Modules

The central issue lies in the high-voltage battery modules, which are prone to overheating. This has been especially evident when charging with the industrial 220V/240V plug at a current of 40 amperes. Crucially, Investigations revealed that the charging equipment itself was not at fault. Instead, the issue often stemmed from household power outlets and wiring incapable of handling the required current, leading to overheating of the home infrastructure.

Initial Discovery and Response

The issue first came to light in April 2020, following a fire incident outside the U.S. Audi collaborated with their high-voltage battery supplier, LG Energy Solutions, to investigate. By mid-2023, a noticeable increase in thermal events led to a deeper examination. Despite a service campaign in April 2022 that included a software update for cell module balancing, issues persisted.

Recall and Remedial Actions

In response, Audi initiated a voluntary global safety recall, designated 93U9 by Audi and 23V-867 by the NHTSA. The recall includes installing onboard diagnostic software to monitor battery module performance and replacing affected modules as necessary. Interim notification letters are scheduled for February 2024, with a detailed follow-up expected in the third quarter of the same year.

Charging Cable Replacement

A significant aspect of the recall is the replacement of the power cable used for industrial sockets (220V/240V/NEMA 14-50). The existing cable (part number 7PP971678 ED) will be replaced with a new design (part number 7PP971678GA), featuring temperature sensors. These cables should be available in the second quarter of 2024.

Safety Concerns and User Guidance

Owners of affected models are advised to be cautious, especially when using industrial sockets for charging. The overheating issue can cause not only damage to the charging cable but also pose a risk to household electrical infrastructure. If the problem exists, users may notice the charging cable feeling hot to the touch after use.

This recall underscores the importance of matching electric vehicle charging systems with compatible household wiring. Audi’s proactive steps in addressing this issue highlight their commitment to customer safety and the integrity of their electric vehicle line. Owners of the affected models are encouraged to heed recall notices and ensure their home charging setups are compatible and safe.

The charging issue identified in Audi’s electric vehicles bears notable similarities to the Chevrolet Bolt recall (21V-650). In both cases, the central concern revolves around the battery systems and the associated risk of overheating, which could potentially lead to fire hazards. The Chevrolet Bolt recall, much like Audi’s, involved issues with high-voltage battery packs that were found to be prone to catching fire. Both recalls necessitated substantial corrective actions, including software updates, close monitoring of battery performance, and in some cases, the replacement of battery modules. Furthermore, these incidents highlight a broader challenge in the electric vehicle industry, emphasizing the need for more robust and safe battery technologies and charging infrastructures. Such parallels underline the growing pains of electric vehicle technology and the critical importance of ensuring safety as these vehicles become increasingly prevalent.

Free Lemon Law Case Review

VW & Audi – Fuel Tank Suction Pump Failure

The Steering Knuckle And Strut May Be Loose In Certain 2023 Ford Explorer Vehicles

Tesla “Warning Lights” Safety Problem

Jeep Wrangler 4XE Plug-In Hybrid Repeated Problems

Hyundai Kona Potential Engine Compartment Fire From Short Circuit

Aftermarket Steering Wheel Decal Safety Warning

Things You Should Know About Vehicles With Rebuilt Titles