Vehicle Recalls & Class Action Lawsuits

How Recalls and Lawsuits Protect Consumers

Vehicle recalls and class action lawsuits serve as two critical mechanisms for holding automakers accountable when they sell defective vehicles. While they operate differently, both can significantly benefit consumers dealing with persistent vehicle problems.

A recall is issued when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a safety-related defect. Manufacturers are legally required to fix the problem at no cost to the consumer. However, a recall does not compensate you for the inconvenience, diminished value, or danger you may have experienced.

A class action lawsuit is filed on behalf of a group of consumers who have experienced the same defect. These lawsuits can result in settlements that provide financial compensation, extended warranties, or vehicle buybacks beyond what a recall alone offers.

Recalls, Lawsuits & Your Lemon Law Claim

When a recall is issued for a defect that matches the problem you have been experiencing, it serves as powerful evidence that your vehicle has a manufacturer-acknowledged defect. This can strengthen your individual lemon law claim significantly because the manufacturer can no longer argue that the problem does not exist or is caused by owner misuse.

Similarly, an active class action lawsuit concerning your vehicle's defect demonstrates that the problem is widespread and systemic. While you may choose to participate in a class action, you also have the option to pursue an individual lemon law claim, which often results in greater compensation tailored to your specific situation.

Our attorneys can help you evaluate whether an individual lemon law claim or participation in a class action is the better path for your circumstances. In many cases, pursuing your own lemon law case provides a faster resolution and higher compensation.

Current Recalls & Lawsuits We Are Tracking

What You Can Do If Your Vehicle Is Affected

Recalls, Lawsuits & California Lemon Law FAQ

Is a recall the same as a lemon law claim?

A recall and a lemon law claim are not the same thing. A recall means the manufacturer has to repair a specific safety defect for free, but it does not pay you back for lost time, a lower resale value, or the months you spent driving something unsafe. A California lemon law claim under the Song-Beverly Act can get you a buyback, a replacement vehicle, or a cash settlement on top of any recall repair.

How many repair attempts before my car qualifies under California lemon law?

The Song-Beverly Act does not set a hard number, but a common guideline is around four repair attempts for the same defect that the manufacturer cannot fix. For a serious safety problem, such as failed brakes or steering, two attempts may be enough. Your vehicle can also qualify if it has been out of service for repairs for more than 30 cumulative days.

Does an open recall help my lemon law case?

Yes. An open recall for the exact defect you keep bringing in is strong evidence in a lemon law case. It is the manufacturer admitting, in writing, that the problem is real and tied to the build of the car. That makes it much harder for them to blame you or claim the issue does not exist.

Should I join a class action or file my own lemon law claim?

Often you can pursue your own claim instead. A class action usually returns a small, shared payout spread across thousands of owners. An individual claim under California lemon law is built around your specific repair history, so it tends to move faster and recover more, including a buyback or replacement.

Who pays the attorney fees in a California lemon law case?

If you win, the manufacturer pays your attorney fees and costs under the fee-shifting provision of the Song-Beverly Act. That is why The Lemon Pros handle these cases at no upfront cost to you. You keep your full settlement, and the automaker covers the legal bill.

Are used cars covered by California lemon law?

After the October 2024 Rodriguez v. FCA ruling, the rules for used cars are different. A used vehicle that was sold with what is left of the original factory warranty usually no longer qualifies for a buyback or replacement under the lemon law. A certified pre-owned car that comes with its own separate new warranty can still qualify. Even when a refund or replacement is not available, used-car owners are often able to recover money damages and attorney fees, so it is worth having the repair history reviewed before you assume nothing can be done.