Lemon Law Complaint

ARKANSAS LEMON LAW COMPLAINT

1. CAPTION

IN THE [CIRCUIT / DISTRICT] COURT OF [COUNTY] COUNTY, ARKANSAS

[CIVIL DIVISION, IF APPLICABLE]

CASE NO. [________________________________]

COMPLAINT FOR VIOLATION OF THE ARKANSAS NEW MOTOR VEHICLE QUALITY ASSURANCE ACT AND BREACH OF WRITTEN WARRANTY; JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] is a resident of [COUNTY, STATE] and purchased or leased the vehicle described below for purposes other than lease or resale.

2. Plaintiff titled and registered the Vehicle as required by law.

3. Defendant [MANUFACTURER] constructs, assembles, or imports new motor vehicles and may be served through [REGISTERED AGENT AND ADDRESS].

4. This Court is a court of competent jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN CONTROVERSY].

5. Venue is proper in this County because [STATE FACTS SUPPORTING VENUE].

3. VEHICLE, WARRANTY, AND COVERAGE

6. On [DATE], Plaintiff took original delivery of a new or previously untitled [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [SELLING DEALER] for a purchase price of $[AMOUNT] or under the lease attached as Exhibit A.

7. The Vehicle had a manufacturer's written warranty, attached as Exhibit B.

8. The Vehicle was licensed, purchased, or leased in Arkansas and was primarily designed to transport persons or property over public streets and highways.

9. The Vehicle is not a moped, motorcycle, or excluded living facility of a motor home, and it does not fall within the weight or post-sale-alteration exclusions in Ark. Code Ann. § 4-90-403(11)(B).

10. Plaintiff first reported the nonconformity alleged below during the quality-assurance period, which ends on the later of 24 months after original delivery or the first 24,000 miles of operation attributable to the consumer. Ark. Code Ann. § 4-90-403(12).

4. NONCONFORMITY AND REPAIR HISTORY

11. The Vehicle developed the following nonconformity or combination of nonconformities:

[DESCRIBE EACH DEFECT OR CONDITION, WHEN IT APPEARED, AND HOW IT IMPAIRED USE, MARKET VALUE, OR SAFETY].

12. The condition substantially impaired the Vehicle and was not caused by accident, abuse, neglect, or an unauthorized modification or alteration.

13. Plaintiff first reported and presented the Vehicle for correction on [DATE], at [MILEAGE] miles.

14. The repair history is documented by the written repair orders attached as Exhibit C:

15. Select every applicable basis showing a reasonable number of repair attempts:

• ☐ The same substantially impairing nonconformity was repaired three times, Plaintiff provided the required certified- or registered-mail notice, the manufacturer received its final opportunity, and the nonconformity continues to exist.
• ☐ A nonconformity likely to cause death or serious bodily injury was repaired once, Plaintiff provided the required certified- or registered-mail notice, the manufacturer received its final opportunity, and the nonconformity continues to exist.
• ☐ The Vehicle was out of service for repair or attempted repair of any nonconformity for a cumulative total of at least 30 calendar days, subject to the statutory disaster-delay extension.
• ☐ There were at least five separate attempts to repair nonconformities that together substantially impaired the Vehicle's use and value to Plaintiff.
• ☐ The manufacturer otherwise had a reasonable number of attempts under the facts proved.

5. FINAL REPAIR NOTICE

16. On [DATE], after [THREE ATTEMPTS TO THE SAME SUBSTANTIALLY IMPAIRING NONCONFORMITY / ONE ATTEMPT TO A DEATH-OR-SERIOUS-INJURY NONCONFORMITY], Plaintiff sent the manufacturer written notice by certified or registered mail of the need to repair the nonconformity. The notice and delivery proof are attached as Exhibit D.

17. The manufacturer received the notice on [DATE].

18. Select the applicable allegation:

• ☐ Within 10 days after receipt, the manufacturer provided an opportunity to repair the Vehicle at [REASONABLY ACCESSIBLE FACILITY]. Plaintiff delivered it on [DATE], but the manufacturer did not conform the Vehicle to the warranty within 10 days after delivery.
• ☐ The manufacturer did not timely notify and provide Plaintiff an opportunity to use a reasonably accessible repair facility.
• ☐ The manufacturer failed to perform the final repair within the statutory time, so § 4-90-406(a)(3) excuses any further final attempt and creates the statutory nonrebuttable presumption.

6. INFORMAL DISPUTE PROCEEDING

19. Select and complete the applicable allegation:

• ☐ At purchase or lease, the manufacturer, its agent, or dealer provided the written rights statement required by Ark. Code Ann. § 4-90-404(b). Plaintiff therefore used the manufacturer's Arkansas informal dispute proceeding under § 4-90-414, commenced it on [DATE], and received the attached decision on [DATE] as Exhibit E.
• ☐ The required § 4-90-404(b) disclosure was not made. Under §§ 4-90-404(a)(2) and 4-90-414(a)(2), Plaintiff was not required to use the informal proceeding before suit.
• ☐ The manufacturer allowed Plaintiff to commence this action without first using the informal proceeding.

20. This action is timely under Ark. Code Ann. § 4-90-416 because it was filed within two years after [THE FIRST REPORT OF THE NONCONFORMITY / COMMENCEMENT OF THE INFORMAL PROCEEDING].

7. COUNT I — ARKANSAS NEW MOTOR VEHICLE QUALITY ASSURANCE ACT

21. Plaintiff incorporates paragraphs 1 through 20.

22. Plaintiff is a consumer, the Vehicle is covered, and the pleaded defect or condition is a nonconformity within Ark. Code Ann. § 4-90-403.

23. Plaintiff timely reported the nonconformity. Defendant and its authorized repair facilities did not conform the Vehicle to the warranty after a reasonable number of attempts.

24. Defendant failed to provide the refund or replacement required within 40 days by Ark. Code Ann. § 4-90-406(b).

25. Plaintiff exercises the unconditional statutory right to choose:

• ☐ Repurchase and refund of the full purchase price or lease price, less the lawful use and physical-damage offsets; or
• ☐ A replacement motor vehicle acceptable to Plaintiff, with the applicable use offset paid as required by law.

26. Plaintiff also seeks the collateral and reasonably incurred incidental charges included by § 4-90-406(b)(1)(B), necessary towing and rental costs under § 4-90-408, and reasonable costs and attorney fees under § 4-90-415(c).

8. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

27. Plaintiff incorporates paragraphs 1 through 20.

28. The Vehicle is a consumer product, Plaintiff is a consumer, Defendant is a warrantor, and Exhibit B is a written warranty within 15 U.S.C. § 2301.

29. Defendant failed to comply with its written-warranty obligations by [IDENTIFY THE WARRANTY PROMISE AND THE FACTUAL BREACH].

30. Plaintiff satisfied any applicable notice and qualifying informal-procedure prerequisite under 15 U.S.C. § 2310(a) and 16 C.F.R. Part 703.

31. Plaintiff seeks damages and other legal or equitable relief under 15 U.S.C. § 2310(d)(1)(A), together with costs and reasonable attorney fees if awarded under § 2310(d)(2).

9. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. The repurchase or replacement remedy selected under Ark. Code Ann. § 4-90-406(b);
2. Recoverable collateral and incidental charges, including necessary towing and rental costs actually incurred as a direct result of the nonconformity;
3. Damages and other relief proved under the written warranty and 15 U.S.C. § 2310, if Count II is retained;
4. Reasonable attorney fees and costs where authorized;
5. Prejudgment and post-judgment interest where authorized; and
6. Any further relief the Court deems proper.

10. JURY DEMAND

Plaintiff demands a trial by jury on every issue so triable.

11. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Arkansas Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

12. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase or lease documents and registration
• ☐ Exhibit B — Manufacturer's written warranty
• ☐ Exhibit C — Complete repair orders and out-of-service calculation
• ☐ Exhibit D — Certified- or registered-mail final-repair notice and delivery proof
• ☐ Exhibit E — Informal-proceeding submission and decision, if applicable
• ☐ Exhibit F — Receipts for towing, rental, and other recoverable incidental charges

13. SOURCES AND REFERENCES

• Arkansas General Assembly — Arkansas Law portal
• Arkansas Department of Finance and Administration — New Car Lemon Law
• 2024 Arkansas Code, Title 4, Chapter 90, Subchapter 4 (secondary text mirror)
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310
• eCFR — 16 C.F.R. Part 703