Lemon Laws Provide Remedy for Defective Cars

Have you ever bought a new car hoping to be repair worry free for sometime and found that you have frequented the dealer repair shop for the same problem more times than you care to have?  You may have a "lemon" and yes, there is recourse. 

A "lemon" is American slang for a car which turns out to be defective after it is purchased.  In 1970 Nobel prize economist, George Akerloff published a paper: The Market for Lemons: Quality Uncertainty and the Market Mechanism.  It discussed lemon cars in the used car business and asymmetry of information meaning that the seller may have had information that the buyer did not have at the time of purchase, making the quality of the product uncertain.  Five years later, the US Congress enacted the Lemon Law also known as the Magnuson-Moss Waranty Act to protect new car buyers in all states.  Different states may have different additions to the law. State laws provide the new car owner, remedy when the car repeatedly fails to meet average standards of quality.  Although enacted for new car buyers, there are also some provisions for used car purchases in most states.  When faced with a lemon complaint, it may be helpful to consult a lawyer such as Lemon Law attorneys in California or other states.

The premise of  "Lemon Law" is a breach of warranty by the manufacturer.  Some requisites for a car to be considered a lemon (such as in the California Consumer Warranty Law) include:

• The manufacturer or its agents have made four or more attempts to repair the same problem and/or the car has been out of service for 30 or more days, not necessarily consecutive.
• The car problem is covered by the warranty, has caused decrease in use or value and is not due to owner abuse or negligence.
• The four repair attempts occurred within 18 months of purchase or 18,000 miles whichever comes first.
• The owner has directly notified the manufacturer of the problem as required by law or by the warranty.

In California, consult California Lemon Law attorneys for other provisions of the law.  Consult your state lemon law attorneys for provisions in your particular state.

Essentially you have the responsibility to:

• Notify the manufacturer of the defect within the warranty period.  Be sure to read your warranty declarations and be aware of the time or mileage limits.
• You must give the manufacturer or its agents the opportunity to repair the defect.  It is customary to allow the manufacturer four attempts.  Be sure to keep a record of the problem, repairs done and the results and the time period that the car was not able to be in service due to the defect. Keep receipts.
• Be sure to service your car at recommended intervals, keep records of the service and repairs performed regardless of who performs it, and again, keep receipts.
• In states like California, you may be required to submit to arbitration.

Warranty Laws may also apply in certain instances to used cars which still fall under warranty.  It pays to be a responsible and aware consumer.  For more information, contact the Federal Trade Commission at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt192.shtm.

Watch this video on how to file a consumer complaint with the FTC.

Europe

Guest written by our friend Donnie Donovan I logged onto http://www.directstartv.com/ and upgraded our television package when I learned that we were going to be able to go on our dream vacation. My husband and I have been wanted to go to Europe for years, but have never been able to afford it. Now, we have saved money in a special account for a couple of years that we got back from our tax returns for the last five years and have decided that now is the time. I wanted to upgrade our television package to make sure that we were going to be able to get all of the travel channels. I have loved watching all of the shows and getting ideas about where to visit and where to eat. My favorite travel show is the one that feature Samatha Brown. I just love her personality and like how she takes affordable trips, what we are hoping to achieve on this long overdue vacation! I think that this is going to be the only time that we get to go to Europe for a long time, so I really want to make sure that we do it right and see everything that we want to see.

Medical Identity Theft Protection

While most of us have become increasingly aware of identity theft and follow reasonable precautions to safeguard our credit cards and bank accounts, we must now pay closer attention to health information and medical identity theft protection. The next year will see implementation of electronic medical records in full force which places medical records breach an ever increasing possibility.  Identity theft protection companies such as Identity Hawk will become crucial participants in monitoring information breach.

Consequences of Medical Identity Theft:

• Life threatening errors:  Erroneous medical information, laboratory and other test results may not only result in the wrong diagnosis and treatment but in life threatening drug interactions, wrong procedures and medications.  
• Financial consequences to the individual as well as to the public in general: The Ponemon Institute, a watch dog agency which conducts research on security breach estimates that in 2010, there were 1.5 million victims of medical identity theft at a total cost of $26 billion or $20,000 per victim.  In 2011, the Department of Health and Human Services allocated $1.7 billion for fraud detection.  
• Individuals have been billed for services they have never received.  Identity theft has resulted in erroneous caps in medical insurance and the victim becoming liable for large co-payments when insurance benefits are maxed out.  Victims have suffered denial of medical insurance due to false medical information. (Medical Identity Theft:The Information Crime that Can Kill You)
• Limited victim recourse: While bank and credit card companies offer some degree of fraud protection to the victim, there is very little recourse available to the medical identity theft victim.
• Increased cost of medical care:  Protection measures essential to the security of protected health information will certainly add to the administrative cost of medical care which gets passed on to the consumer.
• Loss of reputation:  Damming false medical information once entered into the medical record may follow a victim

Consumer should utilize the same precautions with their medical insurance and social security information as they do with their credit card and bank information.The Department of Health and Human Services has proposed certain safeguards to the implementation of the HITECH Act of 2009 (Health Information and Clinical Health Act) to include the right and ability of the consumer to request a record of who has accessed his protected health information.

Baking Novice

This guest post from Rafael Hodge


I didn’t know a thing about baking when I started at the shop but Jenny was so sweet and was really patient with me while I learned. I’ve been here about two years now and while I’m still no Wolfgang Puck I’m getting better every day and I’m even starting to like waking up at like 3 in the morning! The people I work with are just great and Jenny allows me to play to my strengths which really lie in organization. She has me doing all the payroll stuff and the bank card processing and that makes me feel better about what I’m contributing to the bake shop as a whole. I wish I could be as proficient as she is at icing cupcakes or getting cakes to stand straight but I’m just not and I guess I never will be. Baking isn’t in my blood like it is in hers but I tell you one thing, there’s something new in my blood since starting here and I think it’s high cholesterol!

The Simpsons' Is Still The Best Cartoon

Thanks for the post from Noe Castro

When it comes to cartoons, 'The Simpsons' has been one of the best for years. The show has been on for over twenty years. Fortunately, it has remained fresh during its entire run. I watch 'The Simpsons' on directstartv.com whenever I get a chance. It is one of the most engaging shows of any kind.
'The Simpsons' features tons of characters. Outside of the main family, we see different residents of Springfield pop up in different situations. My favorite character on the show is Montgomery Burns. Burns is the old, wealthy owner of the nuclear power plant. Often times, Burns seems to think he lives in the 1920's. He references out of date technology all the time. Another great character on the show is Ned Flanders. Flanders is the religious neighbor of the Simpson family. No matter how much Homer mistreats him, Flanders remains as happy as can be.
'The Simpsons' has been on for so long that you would think they've covered every storyline possible. However, they keep finding more. Unlike most shows, episodes of the 'The Simpsons' rarely relate to one another. Each one stands alone. While the Simpson family appears in every episode, the rest of the town appears sporadically. This enables 'The Simpsons' to offer a lot of different storylines. Given that the show isn't ending any time soon, that is good news for the fans.

Senior Citizens Are in Jeopardy of Losing Health Care

Rising health care costs, a decreasing income tax base, and the increasing number of retirees contribute to possible earlier depletion of the Medicare hospital insurance trust fund which is now expected to happen in 2024, 5 years earlier than previously estimated.  This is frightening news to the 46 million people currently enrolled in Medicare many of whom rely solely on social security income averaging $1077 per month.  Social Security retirement benefits are as well in jeopardy of being cut as the funding source dwindles.

Congress has been slow to enact substantive reforms that do not rely on obsolete premises such as cutting physician and hospital payments by 30 per cent.  As in other similar situations like approving the federal budget, legislators have been painstakingly slow in acting, waiting until the very last minute to find a stop gap measure.  If Congress acts true to form in its procrastination, senior citizens, health consumers, and health care providers are in for a tragic health care crisis. 

The trustees of the Medicare and Social Security programs are sounding the alarm call.  Led by Treasury Secretary Timothy Geithner, the trustees warn of the impending perfect storm in health care which could lead to drastic cuts in health care benefits and services.

Now more than ever, it is important for the young and old alike to make the necessary lifestyle changes to remain healthy as long as possible.  Many illnesses are attributable to over indulgence, overeating, sedentary lifestyle and tobacco abuse.  These are preventable and doable by the individual.  It is clear that we are no longer able to simply expect someone else to fix us.  We, like our government, need to be proactive with our own health care and remain healthy for as long as possible.

Walking the Dog as a Recreational Activity

Contribution by Stevie Kirby

Every afternoon, my dog and I go outdoors and walk around our neighborhood. My dog, who is close to two years old, is a black and white shih-tzu whose pedigreed name is Picasso, but whom my family and I call Speckles. He has black spots on his hind legs, thus his nickname.

He's the most energetic dog who greatly enjoys our afternoon excursions. He immediately grins and runs in circles when he sees me grab his leash and tell him it is time to go on a walk. Because he is a house dog, one that is small in stature, he generally does not need a great deal of exercise. However, his veterinarian recommends a daily walk to help keep him trim and to keep him curious and in a happy mood. We prefer to walk in the afternoons instead of in the mornings because the afternoon sun helps warm his coat. He also enjoys smelling the flowers and watching the birds while walking around our neighborhood.

On our way out the door, I pause to set my home security alarm from ALLHOMESECURITY and then close and lock the door. I allow him to smell around our front yard first to orient his senses to the outdoors. Then we head off on our walk. I try to keep a brisk pace to give Speckles a good workout.