On Sept. 29, Governor Gavin Newsom signed California AB 1755 into law. This update to California’s lemon law will benefit consumers and RV manufacturers and reduce the number of lemon law cases burdening the California judicial system and contains important changes that manufacturers need to be aware of, said the RV Industry Association (RVIA).
The legislation covers all RVs and requires lemon law claims to be made within one year after the expiration of the applicable express warranty but no later than six years after the date of original delivery.
Beginning Jan. 1 this year, the law requires new litigation procedures which incorporates early mandatory mediation between the consumer and manufacturer when the consumer files a civil action seeking restitution or replacement.
Starting April 1, the consumer, prior to seeking civil penalties, is required to provide written notice to the manufacturer that demands restitution for or replacement of the vehicle.
The legislation only impacts the portion of the Song-Beverly Act related to an action seeking restitution or replacement of an RV, or for civil penalties related to such request.
The important changes for manufacturers to be aware of include:
- A pre-dispute notice that incorporates new procedures and manufacturer deadlines to respond to such notice (this is technically a consumer option but manufacturers would be best served to assume consumers will choose it so as to not be caught flat-footed)
- Time-based initial disclosure and documentation requirements for manufacturers
- Early mandatory mediation
For more information on California’s AB 1755, RVIA members can view the webinar and/or check out the fact sheet.
