Law Office of Dana L. Manner, PL - Miami, Florida
Consumer Advocate Attorney - (305) 285-9495

MISCELLANEOUS PROCEDURAL ISSUES During the hearing, the Manufacturer sought to assert the following statutory affirmative defense not timely raised in its Manufacturer’s Answer or any Amended Answer: the alleged nonconformity does not substantially impair the use, value or safety of the motor vehicle. Paragraph (8), Hearings Before the Florida New Motor Vehicle Arbitration Board, requires [...]

Collateral Charges §681.102(3), F.S. The Consumer’s 2010 BMW 750Li was declared a “lemon” by the Board. The Consumer requested reimbursement of $147.00 for window tinting as a collateral charge. The Manufacturer objected because the Consumer did not produce a receipt to substantiate payment. The Board awarded the $147.00 for window tinting as a reasonable collateral [...]

Incidental Charges §681.102(8), F.S. At the hearing, the Manufacturer, through counsel, stipulated that the Consumer’s 2010 Land Rover Range Rover was a “lemon.” The Consumer requested reimbursement of $3,237.00 paid for rental car charges incurred while the vehicle was out of service by reason of repair of the nonconformity from February 1, 2012, through April [...]

REFUND §681.104(2)(a)(b), F.S. At the hearing, the Manufacturer, through counsel, stipulated that the Consumer’s 2010 Land Rover Range Rover was a “lemon.” The Consumer requested that the Board award a replacement vehicle. Prior to the hearing, Counsel for the Manufacturer submitted a document titled “Land Rover North America’s Arbitration Memorandum of Law Regarding the Consumer’s [...]

Timeliness of filing of the Request for Arbitration §681.109(4), F.S. The parties stipulated that, on December 10, 2009, the Consumer purchased a 2010 Nissan Armada in Florida. On November 30, 2011, the Consumer filed a claim with the Better Business Bureau Autoline (BBB), the state-certified informal dispute settlement procedure sponsored by Nissan. The procedure rendered [...]

Accident, Abuse, Neglect, Unauthorized Modification §681.104(4)(b), F.S. The Consumers asserted that their 2011 Toyota Camry suddenly and unexpectedly accelerated, which propelled the vehicle through some bushes and resulted in damage to the front end of the vehicle. The Consumer testified that she was pulling into a parking place at approximately five miles per hour, with [...]

Defect does not substantially impair use, value or safety of vehicle §681.104(4)(a), F.S. The Consumers complained of a steering wheel vibration at highway speeds in their 2011 Jeep Cherokee. According to the Consumer, the vibration was an intermittent occurrence that happened for couple of seconds when the vehicle was being driven at speeds of 70 [...]

Ford announced the 3rd recall in two weeks of the Escape, a top-selling SUV. Ford is recalling nearly 485,000 Escape SUVs to fix gas pedals that can stick and cause accidents. The recall covers 2001 – 2004 Escapes with 3 liter V6 engines with cruise control. The National Highway Traffic Safety Administration (NHTSA) received 68 [...]

Ford recalled about 11,500 new 2013 model Ford Escape SUVs, for a defect that cause the car to catch on fire to due to a faulty fuel line. Only Ford Escape with 1.6-liter engines sold in the U.S. and Canadian markets are affected by the recall and fire risk, Ford said. Ford dealers were told to stop [...]

The National Association of Consumer Advocates (NACA) Auto Fraud Conference is held bi-annually, giving consumer advocates the opportunity to convene to discuss various issues regarding the legal issues in auto fraud. The 2012 conference will be held in Clearwater Beach, Florida (August 3 – 5) and will provide attendees with a unique opportunity to walk [...]