Lemon Law Complaint

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

CIVIL DIVISION

[PLAINTIFF NAME],
An individual consumer,
Plaintiff,

v.

[DEFENDANT MANUFACTURER NAME],
A foreign corporation, and

[DEFENDANT DEALER NAME],
An Arkansas corporation,
Defendants.

Case No.: ____________________
JURY TRIAL DEMANDED

COMPLAINT FOR VIOLATION OF ARKANSAS MOTOR VEHICLE QUALITY ASSURANCE ACT (“LEMON LAW”); MAGNUSON-MOSS WARRANTY ACT; AND RELATED RELIEF

TABLE OF CONTENTS

I. Parties, Jurisdiction, and Venue
II. Definitions
III. Factual Allegations
IV. Causes of Action
  Count 1 – Arkansas Lemon Law (Ark. Code Ann. § 4-90-401 et seq.)
  Count 2 – Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
V. Prayer for Relief
VI. Jury Demand
VII. Verification
VIII. Certificate of Service

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a natural person of the age of majority and a resident of [PLAINTIFF COUNTY] County, Arkansas.
2. Defendant Manufacturer. [DEFENDANT MANUFACTURER NAME] (“Manufacturer”) is a [STATE] corporation with its principal place of business at [ADDRESS] and is authorized to do, and does, business in Arkansas, including within this County.
3. Defendant Dealer. [DEFENDANT DEALER NAME] (“Dealer”) is an Arkansas corporation with its principal place of business at [ADDRESS] and sold the subject motor vehicle to Plaintiff.
4. Jurisdiction. This Court has subject-matter jurisdiction under Ark. Const. art. 7 § 11 and Ark. Code Ann. § 16-13-201. Supplemental federal-question jurisdiction is pled under 15 U.S.C. § 2310(d)(1)(B) (Magnuson-Moss Warranty Act).
5. Venue. Venue is proper in this Court pursuant to Ark. Code Ann. §§ 16-55-213 & 4-90-408(a)(2) because (a) the transaction occurred, (b) Defendants conduct business, and (c) the subject vehicle is maintained in this County.
6. Amount in Controversy. The amount in controversy, exclusive of interest and costs, exceeds the jurisdictional minimum of this Court.

II. DEFINITIONS

For purposes of this Complaint, capitalized terms have the meanings set forth below:

A. “Act” means the Arkansas Motor Vehicle Quality Assurance Act, Ark. Code Ann. §§ 4-90-401 to 419.
B. “Arbitration Program” means the Manufacturer’s informal dispute-settlement procedure, if any, established pursuant to Ark. Code Ann. § 4-90-411 and 16 C.F.R. Part 703.
C. “Motor Vehicle” means the new [VEHICLE_YEAR] [VEHICLE_MAKE] [VEHICLE_MODEL], VIN [VIN], purchased by Plaintiff.
D. “Nonconformity” means any defect or condition that substantially impairs the use, value, or safety of the Motor Vehicle and does not conform to the Manufacturer’s express warranties.
E. “Repair Attempt” means each occasion on which Plaintiff delivered the Motor Vehicle to Dealer or an authorized repair facility for correction of a Nonconformity.

III. FACTUAL ALLEGATIONS

7. On or about [PURCHASE DATE], Plaintiff purchased the Motor Vehicle from Dealer for the purchase price of $[PURCHASE_PRICE].
8. The Motor Vehicle was covered by Manufacturer’s written warranties, including a [TERM/MILES] bumper-to-bumper warranty.

9. Within the first [NUMBER] miles / [NUMBER] months, Plaintiff experienced the following Nonconformities, among others:
   a. [DESCRIPTION #1];
   b. [DESCRIPTION #2]; and
   c. [DESCRIPTION #3].

10. Plaintiff presented the Motor Vehicle for Repair Attempts on at least [NUMBER ≥ 3] separate occasions for the same Nonconformity(ies), or the vehicle was out of service for a cumulative total of [NUMBER ≥ 30] days, satisfying Ark. Code Ann. § 4-90-406. Relevant service dates include:
    • [DATE 1] – [DAYS OUT OF SERVICE] days
    • [DATE 2] – …

11. Defendants failed or refused to conform the Motor Vehicle to the warranties despite reasonable opportunities to do so.

12. On [FINAL WRITTEN NOTICE DATE], pursuant to Ark. Code Ann. § 4-90-407(a), Plaintiff provided Manufacturer written notice of the Nonconformity and an opportunity to cure.
13. Manufacturer did not cure the Nonconformity within the statutorily-required 10-day period (or 30-day period for parts).
14. Arbitration Exhaustion.
    a. Manufacturer maintains an Arbitration Program purportedly meeting 16 C.F.R. Part 703.
    b. Plaintiff submitted a claim to the Arbitration Program on [ARBITRATION FILING DATE] and received an adverse decision on [DECISION DATE], thereby exhausting all prerequisites to filing suit under Ark. Code Ann. § 4-90-411.
    

IV. CAUSES OF ACTION

Count 1 – Violation of Arkansas Lemon Law

(Ark. Code Ann. § 4-90-401 et seq.)

15. Plaintiff incorporates ¶¶ 1–14.
16. The Motor Vehicle is a “new motor vehicle” under Ark. Code Ann. § 4-90-403(7).
17. The Nonconformities constitute “substantial impairments” under Ark. Code Ann. § 4-90-403(12).
18. Defendants failed to repair or replace the Motor Vehicle or refund the purchase price as required by Ark. Code Ann. § 4-90-408.
19. Plaintiff is therefore entitled to:
    a. Replacement of the Motor Vehicle with a comparable new motor vehicle, or
    b. Refund of the full contract price, including taxes, title, license, registration fees, and other collateral charges, less a statutory reasonable-use offset.

Count 2 – Breach of Written Warranty / Magnuson-Moss Warranty Act

(15 U.S.C. § 2301 et seq.)

20. Plaintiff incorporates ¶¶ 1–19.
21. Defendants’ failure to conform the Motor Vehicle to the express warranties constitutes a breach under 15 U.S.C. § 2310(d).
22. Plaintiff is entitled to damages, equitable relief, and reasonable attorney’s fees and costs.

V. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment jointly and severally against Defendants and award:

1. Replacement of the Motor Vehicle with a new comparable vehicle or full refund as permitted by Ark. Code Ann. § 4-90-408;
2. Incidental and consequential damages, including but not limited to towing, rental, and diagnostic expenses;
3. Civil penalty of up to the full purchase price for willful failure to comply, pursuant to Ark. Code Ann. § 4-90-410;
4. Pre- and post-judgment interest as authorized by law;
5. Reasonable attorney’s fees and costs under Ark. Code Ann. § 4-90-410(b) and 15 U.S.C. § 2310(d)(2);
6. Such other and further relief—legal or equitable—as the Court deems just and proper, including injunctive relief compelling replacement.

VI. JURY DEMAND

Pursuant to Ark. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.

VII. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: _____________ _______________________________
[PLAINTIFF NAME], Plaintiff

VIII. CERTIFICATE OF SERVICE

I certify that on the ___ day of __________ 20__, I served a true and correct copy of the foregoing Complaint via:
☐ Certified Mail ☐ Commercial Courier ☐ Hand Delivery ☐ E-Mail (by agreement)
upon:

Counsel for [DEFENDANT MANUFACTURER NAME]
[NAME & ADDRESS]

Counsel for [DEFENDANT DEALER NAME]
[NAME & ADDRESS]

________________________________
[ATTORNEY NAME], Ark. Bar No. [####]
Counsel for Plaintiff

SIGNATURE BLOCK

Respectfully submitted,

___________________________________
[ATTORNEY NAME], Ark. Bar No. [####]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff