SB 3149

Abstract

Amends the New Vehicle Buyer Protection Act. Provides that "statutory warranty period" means the period of one year or the expiration of the warranty (instead of 12,000 miles). Deletes language providing that collateral charges does not include taxes paid by the purchaser on the initial purchase of the new vehicle. Provides that where the same nonconformity has been subject to repair by the seller, its agent or authorized dealers during the statutory warranty period 4 times (instead of 4 or more times) or the vehicle has been out of service for a total of 30 days (instead of 30 business days), a presumption that a reasonable number of attempts have been undertaken to conform a new vehicle to its express warranties shall arise. Provides that a reasonable allowance for consumer use of a vehicle is that amount equal to the miles driven before the nonconformity is first reported to the motor vehicle dealer, divided by 100,000, multiplied by the purchase price of the vehicle (instead of that directly attributable to the wear and tear incurred on the new vehicle). Provides that an informal settlement procedure shall be optional (rather than mandatory) and the decision of such procedure is inadmissible in civil action. Provides that the Act shall not limit a consumer's rights or remedies available under any other law and a waiver of the rights under the Act by the consumer is void. Increases the statute of limitations for any actions commenced under the Act from 18 months to 3 years. Provides for payment of attorney's fees by the manufacturer to a prevailing consumer. Effective immediately.