California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, is one of the strongest consumer protection laws in the country. It holds manufacturers accountable for selling defective vehicles and gives consumers the right to seek a buyback, replacement, or even civil penalties if the manufacturer willfully fails to comply with the law. However, significant changes are coming to the Lemon Law, specifically regarding civil penalties, beginning on April 1, 2025. These changes place new responsibilities on consumers before they can seek civil penalties, potentially impacting the rights and remedies available under the law.

Current Law re Civil Penalties : Manufacturer Accountability 

Under the current Lemon Law, manufacturers are required to proactively monitor warranty claims and offer a buyback or replacement if a vehicle meets the Lemon Law criteria. Consumers are not required to take any action to alert the manufacturer before filing a lawsuit. Instead, the responsibility lies entirely with the manufacturer to comply with the law, ensuring defective vehicles are addressed without burdening the consumer.  If a manufacturer willfully fails to comply with the lemon law, a consumer can seek civil penalties.

However, starting in April 2025, this dynamic will shift, and consumers will need to meet specific prelitigation requirements before they can claim civil penalties against manufacturers.

What Changes in 2025 for Civil Penalties ?

The new law introduces a mandatory prelitigation process for consumers seeking civil penalties under the Lemon Law. These requirements add several steps consumers must take before filing a lawsuit. Here’s what you need to know:

  1. Written Notice to the Manufacturer
    • Consumers must send written notice to the manufacturer at least 30 days before filing a lawsuit for civil penalties. The notice must include:
      • The consumer’s name.
      • The Vehicle Identification Number (VIN) of the motor vehicle.
      • A brief summary of the repair history and the problems with the vehicle.
      • A demand for a repurchase or replacement of the vehicle.
  2. Method of Notification
    • The notice must be sent either:
      • By email to the manufacturer’s designated email address (as displayed on their website).
      • Or by certified or registered mail, with a return receipt requested, to the address provided in the owner’s manual or warranty booklet.
  3. Possession of the Vehicle
    • At the time the notice is sent, the consumer must still have possession of the vehicle.
  4. Manufacturer’s Response Period
    • After receiving the notice, the manufacturer has:
      • 30 days to make an offer for a repurchase or replacement.
      • 60 days to complete the repurchase or replacement process if an offer is made.
  5. Good Faith Compliance
    • The manufacturer may request additional documentation to facilitate the buyback or replacement. Consumers are required to comply with these requests in good faith.

Exceptions and Additional Rules

  • Minor Notice Deviations: Minor errors in the notice (such as typos or formatting issues) will not disqualify consumers from seeking civil penalties.
  • Sale of the Vehicle: If the manufacturer fails to offer restitution or replacement within 30 days, the consumer can sell their vehicle and still pursue civil penalties.
  • Attorney Fee Disputes: Any disputes over attorneys’ fees must go through neutral, binding arbitration and will not invalidate the manufacturer’s compliance with the law.

Implications for Consumers

While these changes add more steps for consumers, there are still protections in place to prevent manufacturers from exploiting the process:

  • The law ensures that manufacturers who fail to respond within the required timelines or offer an inadequate resolution can still face civil penalties.
  • Consumers who comply with the notice requirements but don’t receive a fair resolution will still have a strong case in court.

However, failing to follow the prelitigation requirements could prevent consumers from seeking civil penalties altogether.

Why These Changes Matter for Civil Penalties

The new law shifts some responsibility to consumers, requiring them to take proactive steps before pursuing civil penalties. While this might seem like a burden, it also creates an opportunity for consumers to give manufacturers one last chance to comply with the Lemon Law. However, these added “hoops” also raise concerns:

  • Increased burden on consumers: Consumers may face difficulties navigating these new requirements, especially if they are unfamiliar with legal procedures or the Lemon Law process.
  • Incentive for manufacturers to delay: The notice requirements might incentivize manufacturers to delay addressing Lemon Law claims, hoping consumers will give up or fail to comply with the new rules.

How to Protect Your Rights

If you’re considering pursuing a Lemon Law claim, consulting with an experienced Lemon Law attorney is more important than ever. These new rules are complex, and any misstep in the prelitigation process could jeopardize your ability to seek civil penalties. An attorney can ensure that you:

  • Submit a proper notice to the manufacturer.
  • Comply with all the legal requirements.
  • Receive the maximum compensation and remedies available under the law.

Conclusion

The upcoming changes to California’s Lemon Law civil penalty process highlight the importance of consumer diligence and manufacturer accountability. While the law still provides robust protections, navigating these new requirements can be challenging. If you believe your vehicle qualifies as a lemon, don’t wait. Contact California Lemon Law attorney Sotera Anderson today to ensure your rights are protected and you get the compensation you deserve. 855-965-3666

By staying informed and seeking professional guidance, you can navigate these changes confidently and achieve the best possible outcome for your Lemon Law case. Don’t go through this process alone—expert help is just a phone call away!