I’m always interested in the perspective of other Lemon Law attorneys, and recently read a blog entry by Texas Lemon Law attorney Kevin Le that pointed out the perils associated with consumers filing spurious Lemon Law claims.

Kevin noted that, unlike some other states, Texas Lemon Law doesn’t allow dealerships or manufacturers to be liable for twice or three times the damages if they actively try to get out of refunding or repurchasing a lemon. He then pointed to an article in the Milwaukee Journal Sentinel, in which the shoe was on the other foot. In Wisconsin, manufacturers can face double damages if they don’t pay up within 30 days. In this case though, the consumer is on the hot seat for allegedly not providing Mercedes with the information it needed in order to give him a refund. The consumer supposedly didn’t give the manufacturer his car loan information, so Mercedes couldn’t write a check. The case is winding its way through the court system, but an appellate court ruled that the consumer now has to prove that he didn’t withhold the information on purpose so that he could force Mercedes to break the law and exceed the 30-day deadline – and then collect double the amount.

Thanks, Kevin, for the head’s up about Texas Lemon Law and the case in Wisconsin.