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1985 Ariz. St. L.J. 589 (1985)
Squeezing Consumers: Lemon Laws, Consumer Warranties, and Proposal for Reform

handle is hein.journals/arzjl1985 and id is 601 raw text is: ARTICLES Squeezing Consumers: Lemon Laws, Consumer Warranties, and a Proposal for Reform Joan Vogel* I. INTRODUCTION Disputes over automobile warranties constitute some of the most intrac- table problems that arise between manufacturers and consumers.' War- ranty disputes are directly responsible for a considerable amount of litiga- tion and have led to numerous legislative proposals.' Recently, consumer * Assistant Professor of Law, University of Pittsburgh School of Law. J.D., UCLA, 1981. I grate- fully acknowledge the comments and criticisms of Richard Delgado, Pamela Samuelson, and Kurt Saunders during the preparation of this manuscript. 1. Automobiles constitute one of the largest and most troublesome purchases consumers make. See generally Basanta, The Illinois New Car Buyer Protection Act-An Analysis and Evaluation of the Illinois Lemon Law, 1984 S. ILL. L.J. 1, 1-2; McNeil & Miller, The Profitability of Consumer Protection: Warranty Policy in the Auto Industry, 25 AD. SCI. Q. 407 (1980); Comment, Sweetening the Fate of the 'Lemon' Owner: California and Connecticut Pass Legislation Dealing with Defective New Cars, 14 U. TOL. L. REV. 341, 342-343 (1983); Note, The Connecticut Lemon Law, 5 U. BRIDGEPORT L. REV. 175 (1983); Woodcock, 'Lemon Law' Still Needs Some Improvement, N.Y. Times, Aug. 21, 1983, at 22, col. 1; see also infra automobile cases cited in notes 43, 51, 53, 72-73, 87, 89, 92 and 93. 2. In 1970, the first consumer warranty legislation was passed. Song-Beverly Consumer Warranty Act, CAL. CIv. CODE §§ 1790-1795.7 (West 1985). Minnesota and Washington passed consumer warranty legislation similar to Song-Beverly. MINN. STAT. ANN. §§ 325G.17-.19 (West 1982); WASH. REv. CODE ANN. § 62A.2-316(4) and § 62A.2-719(3) (1983). The Magnuson-Moss War- ranty-Federal Trade Commission Improvement Act, 15 U.S.C. §§ 2301-2312 (1982), was passed by Congress in 1975. A number of states have passed legislation prohibiting disclaimer and limitation of remedy provisions in sales of consumer goods. D.C. CODE ANN. § 28:2-316.1 (Supp. 1985); KAN.

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