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Kevin Aldrich v. FCA US LLC

Case Type:   Lemon Law / New Car Truck Purchase
Case:   Kevin Aldrich v. FCA US LLC
Date:   November 28, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Rose Waldorf PLLC By: Alana Traver, Claims Manager & Cassandra Gipe, Esq.
Facts:   On September 20, 2017, Consumer Kevin Aldrich purchased a new 2017 Dodge Ram Longhorn from Westbury Jeep, New York. On October 17, 2017, the consumer brought the vehicle into Westbury Jeep for service alleging that the rear defrost does not work and that the lines on the back window have scratches, the tail gate is damaged and the climate control keeps coming on the screen. The technician updated the software to the media center’s latest version. On November 15, 2017 the consumer brought the vehicle in for service to have the rear glass window replaced. The technician had to remove the rear sets and lock box in order to install the glass. On February 16, 2018, the consumer brought the vehicle in for service alleging that there was a water leak that damaged the rear leather seat. The technicians removed the rear seat, replaced the leather seat cover and reinstalled the seat. On July 17, 2018, the consumer brought the vehicle in for service alleging that the auto park was not functioning properly. The technician had to reprogram the PCM software. Recalls had to be performed to reprogram the powertrain control. On November 8, 2018, the consumer brought the vehicle in alleging that the auto park wasn’t functioning properly again. The technician had to restore the vehicle configuration and unlock the RFH module. The occupant restraint control had to be reprogrammed. A safety recall had to be performed on the tailgate latch. The consumer also alleged that the transmission always felt like it was shifting.
Verdict:   After multiple attempts to fix the vehicle and over 73 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent him. Mr. Ballato sent a demand letter to the manufacturer, FCA US LLC demanding that they repurchase the consumer’s vehicle pursuant to Notice Pursuant to New Car Lemon Law; New York General Business Law Article 11-A, Sections 198-A, Et Seq.,; Notice of Revocation of Acceptance and Demand for Rescission Uniform Commercial Code Article 2; Claims Under Manufacturer’s Warranties and Magnusson-Moss Warranty Act; and Demand for All Sales, Financing and Service Documents. After many phone calls and emails to the manufacturer’s attorneys with no decision reached, Mr. Balllato advised the consumer to file for arbitration. On September 28, 2018, Mr. Ballato filed for an Arbitration Hearing with the Attorney General of the State of New York. The Hearing was scheduled for November 14, 2018. The Hearing date was then adjourned to November 20, 2018 at the request of the Manufacturer. On November 20, 2018, all parties attended the Hearing. On November 26, 2018 he received the Arbitrator’s Decision For A Consumer Refund. The Arbitrator found that the consumer qualified for relief under General Business Law §198-a (The Lemon Law). The manufacturer repurchased the vehicle. The consumer received $46,927.91, which represented a full refund of the purchase price, plus the $250.00 filing fee. A separate application for refund of sales tax was made pursuant to Tax Law §1139.

Lemon Law Cases