Opinion: There’s a Sensible Approach to Fix California’s Broken Lemon Law
Earl Skip Cooper | Special to California Black Media Partners
OPINION (CBM) – Access to reliable cars is a fundamental need for consumers, small business owners, and their hard-working employees.
California’s Lemon Law is a long-standing consumer protection that allows our community members to replace the family car if they take it to the shop for repairs and it can’t be fixed. This law is a vital tool for consumers that must be protected at all costs; however, there are serious flaws in the current system that must be dealt with, especially with the current increase in the cost of living.
In the last few years, lemon law complaints filed in California courts have increased by many thousands, which has resulted in a court system that is severely backlogged and slows justice down even more for the consumers who need it the most. To show in numbers what this looks like, there were 4,300 cases filed in 2015 – and this year, there will likely be 30,000. This isn’t due to issues with vehicle quality; studies show those ratings are better than ever. Instead, our current law has created a system that allows, even encourages, and rewards bad-acting attorneys to mass-file thousands of lawsuits to force companies to settle and get their big cut. This can’t be allowed to continue any longer.
The backlog in the courts caused by these bad actors results in families waiting years for these cases to resolve, which means they have to spend their hard-earned dollars renting vehicles for months or relying on rideshares and taxis constantly. Anyone who ever had to call a car with a baby and a car seat in tow knows this option is expensive, inconvenient, and nearly impossible. To give a real-world example of the effect of this problem, it is not uncommon for families to be forced to wait 3-5 years for their car to be replaced while their case is tied up in court. The court backlogs are especially bad in our Southern California courts, which has trickle effects to the health of other parts of the system.
This problem, that is heavily affecting our communities who rely on vehicles to get around the large Los Angeles region in particular, can be significantly helped by a piece of legislation that just made it to Governor Gavin Newsom’s desk with the heavy opposition of mass-filing, litigious plaintiff attorneys, some of the foreign automakers, and some of the companies pushing the exclusive use of electric vehicles, like Tesla.
Meanwhile, supporters of this legislation include storied American companies like Ford, General Motors, and Stellantis, as well as the statewide organization representing the consumer-side lawyers trying to fight for the best interests of their clients while not prioritizing delay tactics and punitive, unfair penalties.
The bill is called Assembly Bill 1755, coauthored by well-respected and strong leaders in our State Legislature – Sen. Thomas Umberg (D-Santa Ana) and Assemblymember Ash Kalra (D-San Jose). AB 1755 is a vital bill that gives consumers the right to cut out expensive, unnecessary middlemen and email the auto manufacturers directly to own the resolution of the problem and find out directly whether and how quickly an auto manufacturer will offer a vehicle repurchase or replacement for a customer having a car repair issue that can’t be fixed. Under the deadlines in the bill, manufacturers would have to decide within 30 days of simple customer notice whether they will make it right. And if a vehicle repurchase or replacement is offered, that solution must be completed within the next 30 days.
Simply put, this is a strong new policy that will provide real relief for many of our community members while also strongly protecting a consumer’s right to sue if they do not get a new car or money quickly to buy a new one.
AB 1755 is a historic piece of compromise legislation that will give consumers peace of mind, alleviate our court systems of unnecessary lawsuits, and help our small businesses save and avoid litigation costs. By signing AB 1755, Gov. Newsom can address these delays and provide timely solutions to consumers who depend on reliable transportation for work, school, and family obligations.
It is past time for California to afford consumers the same rights that people in other states get in getting their defective cars replaced on quicker timelines.
AB 1755 is supported by our California African American Chamber of Commerce, and speaking for myself as a Community activist for over 50 years, and the Chairman of the Board and President Emeritus for the Black Business Association, headquartered in Los Angeles, I wholeheartedly agree. On behalf of the consumers and businesses I work with, I call on Governor Newsom to sign AB 1755.
The delay in justice for our friends and family members who were unlucky enough to buy a “lemon” is unfair.
Consumers should not be forced to wait months or years for a replacement vehicle so that they can get to work, drive their kids to school, and explore everything our great region has to offer in their time off. I would humbly ask for our community to support the common-sense reforms proposed in Assembly Bill 1755, which is on our Governor’s desk awaiting his signature.
Let California be a leader on this issue and provide an example of what good a consumer protection reform can look like.
About the Author
Earl Skip Cooper is the Chairman of the Board and President Emeritus, Black Business Association.
