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Automobile Warranty Claims

There are various types of claims a Wisconsin consumer may bring, as well as various types of relief available based upon such claims. They include claims under the:

  1. Wisconsin Lemon Law; and
  2. Magnuson-Moss Warranty Act

A summary of some of such claims, including the applicable duties of the manufacturer and damages, is as follows:

CLAIM DUTY DAMAGES
Wisconsin Lemon Law

sec. 218.0171(2)(b), Wis. Stats. --

4 Repair Opportunities
Duty to Replace or Refund if the same nonconformity was made available for repair at least four times and the nonconformity continued after the fourth time the vehicle was made available for repairs. Consumer is entitled to a comparable vehicle or refund (plus double damages and attorney fees once the lemon law is violated).
Wisconsin Lemon Law

sec. 218.0171(2)(b), Wis. Stats. --

30 Days Out of Service
Duty to Replace or Refund if the vehicle was "out of service" for an aggregate of at least 30 calendar days because of any nonconformities. Consumer is entitled to a comparable vehicle or refund (plus double damages and attorney fees once the lemon law is violated).

Wisconsin Lemon Law

sec. 218.0171(2)(a), Wis. Stats.

Failure to Repair

Duty to Repair where vehicle does not conform to warranty after consumer reports nonconformity and the vehicle is made available for repair at least once before expiration of warranty or within one year after delivery -- whichever is sooner. Consumer is entitled to recover his or her Pecuniary Loss (plus double damages and attorney fees once the lemon law is violated).
Magnuson-Moss Warranty Act --

15 U.S.C. 2301, et seq.
Duty to Remedy a defect, malfunction or failure to conform with a written warranty within a reasonable time and without charge. Consumer is entitled to a refund/damages (attorney fees discretionary, but ordinarily and routinely to be awarded).

If you have a question as to whether you may qualify for relief:
Call Jastroch & LaBarge, S.C. for a FREE telephone consultation at 262/547-2611; or (877)-635-6220 (toll free).

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JASTROCH & LaBARGE, S.C.
640 W. Moreland Blvd. — Waukesha, WI 53188
(262) 547-2611Toll Free 877-635-6220

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