If a consumer does not qualify for relief under the Wisconsin Lemon
Law (if, for example, he or she is not the first owner of the vehicle,
the first problem with the vehicle does not occur during the first
year after delivery or the vehicle is purchased and originally
titled outside of Wisconsin), but the vehicle was still under warranty
when the problem first occurred, the Federal Magnuson-Moss Warranty
Act (15 U.S.C. 2301, et seq.) may offer relief, including a refund/damages,
as well as the likely recovery of attorney fees and litigation costs
if a suit is filed.
A warrantor of a consumer product by means of a written warranty
must remedy a defect, malfunction or failure to conform with such
written warranty within a reasonable time and without charge. Further,
the warrantor must comply with its obligations under its written warranty
and all applicable implied warranties. If such consumer product (or
a component part thereof) contains a defect or malfunction after a
reasonable number of attempts by the warrantor to remedy defects or
malfunctions in such product, the consumer may be entitled to a refund
or damages.
If you have a question as to whether you may qualify for
relief under the Magnuson-Moss Warranty Act:
Call Jastroch & LaBarge, S.C. for a FREE
telephone consultation at 262/547-2611; or (877)-635-6220
(toll free).