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| State |
Eligibility |
Fee |
Days until hearing |
Panel or Single arbitrator |
Cust./ Mfr. required to be present? |
Awards |
Appeals Process |
Implement Time |
Compliance Fine |
Manu. Process First |
| CT |
New passenger, combination passenger/commercial vehicles and motorcycles purchased or leased in CT |
$50 cust.
$250 mfr. |
60 days from application approval to decision |
Three member panel with a tech. expert for review, consultation and advice. Expert sites as a non-voting member of panel |
Cust. selects oral pres. or documents only. If chooses oral, mfr. rep. expected to appear. |
R/R or Nothing |
Very limited |
"Earliest possible date." |
Case referred to the Atty. General's office |
Yes, if certified. If choose non-certified, may not be able to pursue state program, depending on mechanism procedures |
| FL |
Must file within 60 days from final action of of certified arb. Program or mfr., whichever occurs later |
No Fee |
40 days, 60 days until decision is rendered |
A Panel of three arbitrators is used (10 regions with 8 members-each region has tech. Member) |
Mfr. & cust. are required to be present (may be arranged over the phone); If cust. fails to appear, case is dismissed |
R/R or Nothing |
May appeal through court process |
40 days unless decision is appealed |
If, after 40 days, appeal has not been filed, fine may be assessed |
If mfr. has a certified program, must go through certified program process first |
| GA |
Disputes must fall under the L.L. period |
$3 (from sales
of new vehicles) |
40 days ? |
Panel (three members)—Members must have degree from ABA School of Law or 2 yrs experience in arb. |
N/A |
R/R, Repair, Reimburse-ment of collateral charges & attorney fees |
May appeal through court process |
40 days unless decision is appealed |
If, after 40 days, an appeal is not submitted, a fine of up to $1,000/day may be assessed |
If mfr. has a certified program, must go through certified program process first |
| HI |
Must file within L.L period? |
$50 (if con. wins, fee is refunded)($200 paid by mfr.) |
45 days |
Single arbitrator |
Not required, but both are typically present |
R/R or incidental expenses |
Cust. may choose binding or nonbinding arbitration; Appeal available with non-binding arbitration |
30 days |
Failure to comply is prima facie evidence
of unfair or deceptive trade act. |
Not required |
| ME |
Must file within 2 years and within mfr.'s warranty period |
$1 (from sales of new vehicles) |
45 days |
Single arbitrator (selected through the DOT Examiners Office) |
N/A |
R/R or Nothing |
Mfr. may appeal the decision |
21 days |
2x actual award |
Consumer should pursue mfr. program first |
| MA |
Must meet L.L. require-ments, Request must be received within 18 mos. of delivery |
$325 |
45 Days |
Single Arbitrator picked from a pool |
Customer is required unless requested otherwise; cancelled if fail to show |
R/R or Nothing |
Mfr. May appeal within 21 days of decision |
21 Days |
$50 per day |
No, can use process after mfr. arb. pgm is used |
| NH |
Vehicle is used for personal reasons; was purchased, leased, or registered in NH, claim is covered by the warranty; must have either 3 repair attempts or 20 days out of service |
Consumer-$50; Manufacturer-$250 |
40 days, decision rendered within 30 days of the hearing |
5 person panel (at least three members) |
Both the consumer & mfr. usually attend the meeting |
R/R (license, registration & interest) or Nothing |
May appeal to superior court |
30 days |
Constitutes an unfair or deceptive trade
practice |
May use either the mfr. sponsored process or state arb. —not both |
| NJ |
The vehicle must have had 3 repair attempts or a total of 20 days out of service; must notify mfr. within 2 yrs/18,000 miles of a final chance to repair |
$50 (If consumer wins, this fee will be refunded) |
20 days-hearing is scheduled; decision is sent 20 days after hearing (The director of C.A. may accept or reject decision) |
Single (an Administrative Law Judge) |
Cust & mfr. are present (usually with attorneys) |
R/R, finance charges, atty. fees, app. fee, cost of repairs and rental car, fees for expert witnesses, or Nothing |
May file an appeal to the superior court |
Not specified |
If not in compliance, mfr. can be fined $5,000/day |
Not required; if use mfr. program, can still file for hearing |
| NY |
The vehicle must have been purchased from a NY dealership; the defect must continue at the time of filing |
If eligible, a filing fee is assessed |
35 Days, Decision rendered in 40 days |
Single Arbitrator (the meeting must take place within 100 miles from cons.) |
Not required, cons. may elect for written documents only-dealer may object and an oral hearing is set |
Refund or Nothing (with the refund, the filing fee must be refunded) |
May go to court to modify or review award within 90 days |
30 days |
$25 per business day up to $5000 |
No |
| VT |
Vehicle was purchased, leased or reg. in VT; at least 1st repair was covered by warranty; defect is still present; must be filed within 1 year of warranty expiration |
No filing fee is assessed |
45 days, decision sent within 30 days of hearing |
Panel (Includes a dealer & technical member) |
The vehicle must be presented at the meeting |
R/R or Nothing |
May file an appeal to the arbitrator panel within 30 days; or file an appeal to the superior court |
30 days |
Constitutes an unfair or deceptive trade
practice |
Cust. can choose to pursue either the state or the mfr. sponsored process (can’t do both) |
| WA |
Must file within 30 months of when
delivered; was purchased or leased & registered in Washington |
No fee |
45 days, decision rendered within 60 days of application |
Single arbitrator (a tech. expert is also assigned to assist arbitrator) |
Although not required, usually both the consumer & mfr. attend the meeting |
(R/R or Nothing, may reimburse for atty. fee if mfr. has atty.) |
Mfr. may appeal to superior court within 30 days of acceptance; cust. within 120 days of rejecting |
40 days |
Mfr. may be fined if don’t comply |
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Montana:
In Montana, there is an arbitration procedure consumers may pursue before the Lemon Law. It is called the MT Dept. Of Commerce’s Arbitration Panel Procedure. There is a filing fee assessed to consumer-$50; manufacturer-$250. However, it was suggested that the consumer pursue the manufacturer-sponsored program first. |
