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. | |
Injury: | Multiple attempts to fix the vehicle and over 73 days out of service. | |
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. |
Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2
Lemon Law Cases
- Baumgardt, Jean A. V. Jaguar Land Rover North America, LLC
- David F. v. Volkswagen of America Inc.
- Shannon O. v. FCA US LLC
- Ian B. v. Ford
- Stephen Fisher v. Ford
- P. R. v. JJM Automotive LLC d/b/a Empire Chrysler Doge Ram of West Islip
- Kennedy, S&W v. General Motors LLC
- Rafael Gonzalez v. Volvo Cars of North America
- Jose Franceschi v. Chevrolet / General Motors, LLC
- Egbert, Peter v. Alfa Romeo / FCA
- Louis Q. v. Porsche Cars of North America
- Joshua Caspi v. Jaguar Land Rover North America, LLC
- Jasleen Rayano v. Jaguar Land Rover North America, LLC
- Consumer B. versus BMW of North America, LLC
- Baumgardt v. Jaguar Land Rover North America LLC
- Jaqueline Cuellar v. Chevrolet / General Motors LLC
- Richard Mills v. Chevrolet / General Motors, LLC
- Gregory Lehecka v GM LLC
- Mary Grace McAllister Davis v. Chevrolet / General Motors
- Francine Kaczor v. Audi of America
- Elisabeth Gagliano v. FCA US LLC / Jeep
- Gary Fish v. GMC
- Alan R Versus BMW of North America, Inc.
- Lawrence Sparks v. Audi of America
- Richard and MaryJo Graffeo v. Audi of America
- Louis DeRose v. Jaguar Land Rover North America, LLC
- Brian Stefanovic v. Jaguar Land Rover North America, LLC
- Jeremy Maswary v. Ford Motor Company
- Thomas Arceri v. FCA US LLC
- Allison Quinto v. Jaguar Land Rover North America, LLC
- William and Barbara Ahlers v. Subaru of America, Inc.
- Laurie Golowach v. General Motors Corporation
- Howard Z. v. Maserati
- Maryanne & Michael Hinchy v. Nissan North America
- David Casamento and Andrew Berends v. Jaguar Land Rover North America, LLC
- Nabieva Madina v. Mercedes-Benz USA, LLC
- Kathleen Friedman v. Audi of America
- Bentley, McLaren, BMW and Mini Cooper Vehicles
- Kevin Aldrich v. FCA US LLC
- Robert Rapisarda v. FCA US LLC
- Oscar Deco, Inc. / Aida Calderon v. Mercedes-Benz USA, LLC
- Peter Arner v. Jaguar Land Rover North America, LLC
- Peter Cardone v. Jeep / FCA US LLC
- Paulo Rodriguez Arias v. Chevrolet Motor Division
- Rafael Gonzalez v. Volvo Cars of North America
- Demetrios M. Perdios v. Audi of America
- Auto Dealer Fraud / Deceptive Trade Practices Alleged And Used Lemon Vehicle
- Lemon Law / New Car Purchase
- Used Car Purchase / New Car Lemon Law
- Lemon Law / New Car Lease
- Lemon Law New Car Purchase
- BMW Auto Dealer Fraud Deceptive Trade Practices
- Chevrolet Tahoe New Car Purchase Lemon Law
- General Motors Lemon Law New Car Purchase
- Lemon Law New Car Lease
- Mazda Used Car Purchase Lemon Law
- Nissan Infinity New Car Lease Purchase Lemon Law
- Nissan Maxima New Car Purchase Lemon Law
- Porshe Used Car Repurchase Lemon Law
- Volvo Used Car Lemon Law
- Jeep Renegade
- Chevrolet Camaro
- Acura MDX
- Jeep Grand Cherokee
- Ford Escape
- Honda Pilot
- Lexus LX570
- Toyota Rav 4
- Dodge Challenger
- Hyundai Tucson
- Chevrolet Tahoe Truck
- Volkswagen Passat
- Dodge Charger
- Jeep Renegade
- Jeep Grand Cherokee
- Chevrolet Camaro
- Mercedes GLA45
- Jeep Grand Cherokee
- Honda CRV-EXL
- Porsche Carrera Turbo
- Volkswagen Tiguan
- Audi A8
- Chevrolet Tahoe Truck
- Dodge Ram 2500 SLT truck
- Audi S4 Sedan
- Hyundai Tucson
- Lexus ES350
- Jeep Grand Cherokee Overland
- Infiniti QX56 SUV
- McLaren MP4-12C
- Maserati Ghibli
- Maserati GT Sport
- Ford F350 Diesel Pick-up Truck
- Dodge Ram 2500 Full Refund
- Jeep Grand Cherokee
- Audi S4
- Ford Edge
- Subaru Outback
- Audi TT Convertible
- Ford Mustang Saleen S281
- Chevrolet Cruze Turbo Diesel
- Hyundai Genesis
- Volkswagen Passat
- Chrysler Eagle
- Chrysler Cross-Fire
- Volkswagen Toureg
- Kawasaki Motorcyle
- Bentley
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- Cadillac STS Sedan
- Cadillac XLR Convertible Roadster
- Chevrolet Camaro
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- Chevy Equinox
- Dodge Intrepid
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- Ford Expedition
- Ford F350 Pickup Truck
- Ford Windstar
- Ford Windstar
- Ford Windstar
- General Motors
- General Motors GMC Acadia
- Hummer
- Infiniti G35 Sport Sedan
- Infiniti Q45
- Jeep Grand Cherokee Overland
- Kia Sephia
- Land Rover Discovery
- Lexus SC430
- Nissan Maxima
- Audi A6 Sedan
- Nissan Maxima
- Nissan Quest
- Porsche Cayenne
- Volkswagen Jetta
- Volkswagen Passat
- Volkswagen Touareg