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Consumer Protection Law

Jun. 13, 2024

The Song-Beverly Act's fee-shifting: Lemon law cases proliferate

Manufacturers should evaluate repurchase demands as soon as possible, as they can avoid civil penalties and high attorneys’ fees by resolving the claims before the filing of a lawsuit.

Liam E. Felsen

Partner, Frost Brown Todd LLP

Product Liablility

Shutterstock

California's Song-Beverly Act provides some of the nation's strongest pro-consumer statutes, providing remedies which include not only a full repurchase but also (potentially) double civil penalties plus (and this is the real issue) the consumer's costs/expenses and attorneys' fees. Likely due to this fee-shifting (given that attorneys' fees are often higher than the cost of the product itself), recently the number of Song-Beverly Act lemon law claims filed against ma...

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