Lemon Law Complaint - Wisconsin

STATE OF WISCONSIN — CIRCUIT COURT

[________________________________] COUNTY

[PLAINTIFF FULL LEGAL NAME], Plaintiff

v.

[MANUFACTURER FULL LEGAL NAME], Defendant

Case No. [________________________________]

COMPLAINT UNDER WIS. STAT. § 218.0171

Plaintiff alleges as follows:

1. PARTIES

1. Plaintiff [________________________________] resides in [________________________________] County, Wisconsin.

2. Plaintiff is a consumer under Wis. Stat. § 218.0171(1)(b) because Plaintiff is the [purchaser of a new motor vehicle from a dealer other than for resale / qualifying transferee before expiration of the applicable express warranty / lessee under a written lease].

3. Defendant [________________________________] is the manufacturer or warrantor responsible under § 218.0171. The statutory definition of manufacturer does not include a motor vehicle dealer. See § 218.0171(1)(c).

2. JURISDICTION, VENUE, AND TIMELINESS

4. This action arises under Wis. Stat. § 218.0171(7).

5. Counsel has confirmed that this Court has subject-matter jurisdiction and that venue is proper in this county under current Wisconsin law.

6. The vehicle was first delivered to a consumer on [__/__/____]. This action was commenced no later than 36 months after that date, as required by § 218.0171(7)(a).

7. Select and complete the applicable allegation under § 218.0171(3):

• ☐ Defendant had a WisDOT-certified informal dispute settlement procedure, and Plaintiff first resorted to it on [__/__/____]. The procedure concluded on [__/__/____].
• ☐ Defendant did not have a WisDOT-certified procedure applicable to this claim.
• ☐ Other basis establishing compliance with subsection (3): [________________________________].

3. VEHICLE, TRANSACTION, AND WARRANTY

8. The vehicle and transaction are:

9. The vehicle is a motor vehicle within Wis. Stat. § 218.0171(1)(d), was purchased or accepted in Wisconsin, and is not a moped, semitrailer, or trailer designed for use with a truck or truck tractor.

10. Defendant issued an express warranty covering [________________________________] through [date / mileage].

4. NONCONFORMITY AND REPAIR HISTORY

11. Before the earlier of warranty expiration or one year after first delivery, Plaintiff reported the following nonconformity to Defendant, the lessor, or an authorized dealer and made the vehicle available for repair: [________________________________]. See Wis. Stat. § 218.0171(2)(a).

12. The condition substantially impairs the vehicle's [use / value / safety], is covered by the express warranty, and is not the result of abuse, neglect, or unauthorized modification or alteration. See § 218.0171(1)(f).

13. The repair history is:

14. A reasonable attempt to repair occurred under § 218.0171(1)(h) because:

• ☐ The same nonconformity was subject to repair at least four times within the earlier of the warranty term or one year after first delivery and continues to exist.
• ☐ The vehicle was out of service for at least 30 aggregate days because of warranty nonconformities within that period.
• ☐ Both grounds apply.

15. Any time during which repair services were unavailable because of flood or other natural disaster, war, invasion, fire, or strike was excluded from the 30-day calculation.

16. If Plaintiff counted days while the vehicle remained in Plaintiff's possession, the vehicle was unusable for its intended purpose because of a nonconformity substantially affecting use or safety, after at least two repair attempts. See § 218.0171(1)(g)2.

5. NOTICE, REQUESTED REMEDY, AND NONCOMPLIANCE

17. On [__/__/____], Plaintiff sent Defendant [WisDOT Form MV2691 / a notice containing the required statutory information] by [certified mail / other proven delivery]. Defendant received it on [__/__/____].

18. Complete the transaction-specific request:

• ☐ Purchased vehicle — refund requested. Plaintiff offered to return the vehicle and transfer title. Defendant did not provide the refund required by § 218.0171(2)(b)2.b and (2)(c) within 30 days after that offer.
• ☐ Purchased vehicle — replacement requested. Plaintiff requested a comparable new motor vehicle. Defendant did not timely agree in writing to provide a comparable vehicle or the statutory alternative refund, and did not provide the required vehicle or refund within the period in § 218.0171(2)(cg).
• ☐ Leased vehicle — lease refund requested. Defendant did not provide the lessor, secured party, and Plaintiff the allocations required by § 218.0171(2)(b)3 and (2)(cm).

19. Plaintiff reasonably cooperated with Defendant's efforts to comply, including by [making the vehicle and title available / providing payoff information / responding to communications / other: ________________________________].

6. CLAIM FOR VIOLATION OF WIS. STAT. § 218.0171

20. Plaintiff incorporates the preceding allegations.

21. Defendant violated § 218.0171 by failing to provide the remedy required after a reasonable attempt to repair and receipt of Plaintiff's statutory notice.

22. Defendant's violation caused Plaintiff pecuniary loss, including [________________________________].

23. Under § 218.0171(7)(a), a prevailing Consumer is entitled to the amount of pecuniary loss together with costs, disbursements, and reasonable attorney fees. The Court may also award appropriate equitable relief.

24. Plaintiff does not seek the former automatic double-pecuniary-loss remedy. That provision was repealed for vehicles sold or leased on or after March 1, 2014. Counsel must apply the version of the statute governing the specific delivery date.

7. REQUEST FOR RELIEF

Plaintiff requests judgment awarding:

1. The current statutory vehicle remedy applicable to Plaintiff's notice and transaction;
2. Pecuniary loss caused by Defendant's violation;
3. Costs, disbursements, and reasonable attorney fees under § 218.0171(7)(a);
4. Appropriate equitable relief, if necessary;
5. Prejudgment and post-judgment interest only to the extent authorized by applicable law; and
6. Any other relief the Court determines is available and proper.

8. SIGNATURE

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________

[Attorney Name], State Bar No. [__________]

[Address]

[Telephone]

[Email]

Counsel for Plaintiff

EXHIBIT CHECKLIST

• ☐ Purchase, transfer, or lease agreement
• ☐ Express warranty
• ☐ Repair orders and invoices
• ☐ Out-of-service-day calculation
• ☐ WisDOT Form MV2691 or equivalent statutory notice
• ☐ Delivery proof
• ☐ Certified dispute procedure submissions and decision, if applicable
• ☐ Manufacturer responses
• ☐ Title, payoff, and lien or lease records
• ☐ Pecuniary-loss records

SOURCES AND REFERENCES

• Wisconsin Legislature — current Wis. Stat. § 218.0171
• Wisconsin DOT — Lemon Law guidance for vehicles delivered on or after March 1, 2014
• Wisconsin DOT — Form MV2691, Motor Vehicle Lemon Law Notice and Nonconformity Report