Lemon Law Demand Letter — Arkansas

LEMON LAW DEMAND LETTER

Under the Arkansas New Motor Vehicle Quality Assurance Act

Ark. Code Ann. §§ 4-90-401 through 4-90-417

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND OVERNIGHT DELIVERY — SIGNATURE REQUIRED

Date: [__/__/____]

To Manufacturer:
[________________________________] (Manufacturer Name)
ATTN: Customer Relations / Legal Department / Lemon Law Administration
[________________________________] (Manufacturer Address)
[________________________________] (City, State ZIP)

To Selling Dealer:
[________________________________] (Dealer Name)
ATTN: General Manager / Service Director
[________________________________] (Dealer Address)
[________________________________] (City, Arkansas ZIP)

Re: ARKANSAS LEMON LAW DEMAND — STATUTORY WRITTEN NOTICE
Consumer/Owner: [________________________________]
Vehicle: [____] (Year) [________________________________] (Make) [________________________________] (Model/Trim)
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Current Odometer: [________________________________]

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer") regarding the above-referenced vehicle. This letter constitutes the written notification required under Ark. Code Ann. § 4-90-406(b) to the manufacturer before the Consumer may proceed to arbitration or civil action under the Arkansas New Motor Vehicle Quality Assurance Act ("Act"), Ark. Code Ann. §§ 4-90-401 through 4-90-417, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

The vehicle qualifies as a "lemon" under Arkansas law. We demand repurchase or replacement in accordance with Ark. Code Ann. § 4-90-404.

I. ARKANSAS LEMON LAW — STATUTORY FRAMEWORK

A. Covered Vehicles (Ark. Code Ann. § 4-90-402)

The Act covers any new motor vehicle that:

• Was purchased or leased in Arkansas;
• Has a gross vehicle weight of less than 10,000 pounds; and
• Is used primarily for personal, family, or household purposes.

Excluded vehicles: motorcycles, mopeds, the living quarters of motor homes (the chassis is covered), and commercial vehicles over 10,000 lbs.

B. Quality Assurance Period (Ark. Code Ann. § 4-90-403)

The coverage period begins on the date of original delivery to the consumer and extends for:

• 24 months from delivery; or
• The first 24,000 miles of operation;
• whichever occurs first.

All defects in this vehicle arose within the quality assurance period.

C. Arkansas's Rebuttable Presumption — Four Separate Triggers (Ark. Code Ann. § 4-90-406)

Arkansas is one of the few states with four distinct triggers for the statutory presumption that a reasonable number of repair attempts has been made:

Critical distinction: The 5-repair/separate-defects trigger is unique to Arkansas and a handful of other states. Most state lemon laws recognize only the same-defect and out-of-service-days thresholds. Practitioners should track all repair visits — not just those for a single recurring problem.

Extension of 30-day period: The 30-day out-of-service period is extended by any time during which repair services are unavailable due to war, invasion, strike, fire, flood, or natural disaster. Ark. Code Ann. § 4-90-406(a)(4).

D. Mandatory Written Notice to Manufacturer (Ark. Code Ann. § 4-90-406(b))

After satisfying any of the above thresholds, the consumer must send written notification by certified or registered mail to the manufacturer at its principal place of business or its Arkansas agent for service of process. After receiving notice, the manufacturer has 10 days to make the vehicle available for a final repair attempt at a reasonably accessible repair facility, and the repair itself must be completed within 10 days after the vehicle is delivered.

THIS LETTER CONSTITUTES THE REQUIRED STATUTORY WRITTEN NOTICE.

E. Informal Dispute Settlement Procedure (Ark. Code Ann. § 4-90-407)

If the manufacturer has established an informal dispute settlement procedure (IDSP) that complies with federal regulations under 16 C.F.R. Part 703, the consumer must submit the claim to the IDSP before filing suit. The BBB AUTO LINE program administers arbitration for most major manufacturers in Arkansas.

Key IDSP rules under Arkansas law:

• The IDSP has 40 days from receipt of the consumer's demand to hear the case and issue a decision;
• If the consumer accepts the decision, the manufacturer must comply within 30 days;
• If the consumer rejects the decision, the consumer may proceed directly to court;
• The IDSP decision is not binding on the consumer — only on the manufacturer if the consumer accepts.

II. VEHICLE AND WARRANTY INFORMATION

A. Vehicle Details

B. Warranty Status

All reported defects arose during the applicable warranty period and remain unresolved.

III. NONCONFORMITY DESCRIPTION

A. Primary Defect

B. Additional Defects (if asserting the 5-repair/separate-defects trigger)

IV. REPAIR HISTORY

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

(Copy and continue for additional repair attempts as needed)

Repair Summary

V. STATUTORY PRESUMPTION SATISFIED

Our client's vehicle qualifies under one or more of the following Arkansas lemon law triggers:

☐ Three-Repair Threshold (§ 4-90-406(a)(1)): The same nonconformity has been subject to repair [____] times (3 or more required), and the defect continues to exist.

☐ Serious Safety Defect (§ 4-90-406(a)(2)): A nonconformity likely to cause death or serious bodily injury has been subject to repair [____] time(s) (1 or more required). Nature of safety risk: [________________________________]

☐ Five-Repair / Separate Defects (§ 4-90-406(a)(3)): The vehicle has been subject to [____] repair attempts on separate occasions for different nonconformities that together substantially impair its use and value (5 or more required).

☐ Thirty-Day Out-of-Service (§ 4-90-406(a)(4)): The vehicle has been out of service for a cumulative total of [____] calendar days (30 or more required).

VI. DEMAND FOR RELIEF

Pursuant to Ark. Code Ann. § 4-90-404, we demand:

Option A — Repurchase / Refund (Ark. Code Ann. § 4-90-404(a)(1))

Arkansas Mileage Offset Formula (Ark. Code Ann. § 4-90-404(a)(1)):

(Miles driven before first report of nonconformity) x (Purchase Price) / 120,000

Calculation: [________________________________] miles x $[________________________________] / 120,000 = $[________________________________]

Option B — Replacement (Ark. Code Ann. § 4-90-404(a)(2))

The manufacturer must provide a comparable new motor vehicle acceptable to the consumer, at no additional cost.

Consumer's preferred remedy: ☐ Repurchase/Refund ☐ Replacement

Additional Relief

1. Double Damages for Willful Violation (Ark. Code Ann. § 4-90-410(d)): If the manufacturer's failure to comply is willful, the court may award up to twice the amount of actual damages.

2. Attorney Fees and Costs (Ark. Code Ann. § 4-90-410(a)): A prevailing consumer is entitled to reasonable attorney fees and costs.

3. Loan / Lease Payoff: The manufacturer must satisfy any outstanding lien or lease obligation.

VII. ARBITRATION STATUS

☐ Manufacturer has a state-compliant IDSP: The consumer will submit the claim to the [________________________________] (BBB AUTO LINE / National Center for Dispute Settlement) program but reserves all rights to reject the decision and proceed to court.

☐ Manufacturer does not have a state-compliant IDSP: No pre-suit arbitration is required under Ark. Code Ann. § 4-90-407. The consumer may proceed directly to court.

☐ Consumer has already completed the IDSP process: Decision issued [__/__/____]; consumer ☐ accepted ☐ rejected the decision. This letter serves as notice prior to filing a civil action.

VIII. MANUFACTURER'S FINAL REPAIR OPPORTUNITY

Under Ark. Code Ann. § 4-90-406(b), upon receipt of this notice the manufacturer must, within 10 days, notify the consumer of a reasonably accessible repair facility where the vehicle may be presented for a final repair attempt. The repair must be completed within 10 days after the vehicle is delivered to the designated facility.

If the manufacturer fails to respond within 10 days, or fails to complete the repair within 10 days after delivery of the vehicle, the presumption of lemon status becomes irrebuttable for purposes of this claim.

IX. DOCUMENT PRESERVATION NOTICE

You are directed to immediately preserve all documents and records relating to this vehicle, including but not limited to:

• All warranty claims and repair orders
• Technical Service Bulletins (TSBs) related to the defect(s)
• Customer complaints regarding similar defects in same make/model/year
• All communications between the dealer and manufacturer regarding this vehicle
• Engineering analyses, field reports, and recall data
• The vehicle itself (do not destroy, sell, auction, or materially alter)

Spoliation of evidence may result in adverse inference instructions and sanctions.

X. RESPONSE DEADLINE

Please respond in writing within fifteen (15) days of the date of this letter with:

1. Whether you acknowledge the vehicle qualifies under the Act;
2. Your offer for repurchase or replacement;
3. Information regarding your IDSP, if applicable;
4. Designation of a final repair facility (if electing a final repair attempt under § 4-90-406(b)).

If we do not receive a satisfactory response:

☐ We will submit the claim to the manufacturer's IDSP
☐ We will file suit in the appropriate Arkansas court
☐ We will file a complaint with the Arkansas Attorney General, Consumer Protection Division

XI. STATUTE OF LIMITATIONS

Under Ark. Code Ann. § 4-90-410(e), any civil action under the Act must be commenced within 24 months following the earlier of: (1) the expiration of the express warranty term, or (2) the date the consumer first reports the nonconformity. Magnuson-Moss claims carry a four-year federal statute of limitations under 28 U.S.C. § 1658.

XII. CONCLUSION

The manufacturer has had ample opportunity to repair this vehicle. The statutory thresholds have been met. Our client is entitled to a full refund or replacement under Arkansas law, together with attorney fees and, if the manufacturer's refusal is willful, double damages.

We urge prompt resolution to avoid litigation.

Respectfully submitted,

[________________________________] (Law Firm Name)

By: _________________________________
[________________________________] (Attorney Name)
Arkansas Bar No. [________________________________]
[________________________________] (Street Address)
[________________________________] (City, Arkansas ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

Attorneys for [________________________________]

ENCLOSURES:
☐ Copies of all repair orders and warranty claims
☐ Copy of purchase or lease agreement
☐ Copy of manufacturer's warranty
☐ Vehicle registration
☐ Photographs or video of defect(s)
☐ Prior correspondence with manufacturer or dealer
☐ Authorization to represent

cc: [________________________________] (Consumer)
[________________________________] (Lienholder, if applicable)
Arkansas Attorney General — Consumer Protection Division, 323 Center St., Suite 200, Little Rock, AR 72201

ARKANSAS-SPECIFIC NOTES

☐ Four Presumption Triggers — Arkansas recognizes four separate pathways to lemon status (3 same-defect repairs, 1 safety-defect repair, 5 separate-defect repairs, or 30 days out of service). Track every repair visit carefully — the 5-repair/separate-defects trigger is often overlooked.

☐ Mandatory Written Notice — The consumer must send written notice by certified or registered mail before arbitration or suit. Failure to provide this notice defeats the claim. This letter satisfies that requirement.

☐ 10-Day Final Repair Window — After receiving the consumer's written notice, the manufacturer has exactly 10 days to arrange a final repair opportunity, and the repair must be completed within 10 days of vehicle delivery. This is tighter than many states' final-repair provisions.

☐ Mileage Offset Uses 120,000 Divisor — Arkansas calculates the use offset by dividing miles driven before the first defect report by 120,000 and multiplying by the purchase price. This divisor is more favorable to consumers than the 100,000 figure used in some states.

☐ IDSP Exhaustion Required Only If Manufacturer Has Certified Program — Not all manufacturers participate. Verify IDSP status before advising the client. BBB AUTO LINE is the most common program in Arkansas.

☐ Double Damages for Willful Violations — Available under § 4-90-410(d) when the manufacturer's non-compliance is willful. This is a discretionary judicial award, not automatic.

☐ No Used-Vehicle Coverage — The Arkansas Act covers only new vehicles. Used-vehicle claims must rely on the ADTPA (Ark. Code Ann. § 4-88-101 et seq.) or Magnuson-Moss if a written warranty exists.

☐ AG Consumer Protection Division — The Arkansas Attorney General's office maintains a Lemon Law guide and accepts complaints. Filing an AG complaint can prompt manufacturer response.

Sources and References

• Ark. Code Ann. §§ 4-90-401 through 4-90-417 — New Motor Vehicle Quality Assurance Act
• Ark. Code Ann. § 4-90-406(b) — Written notice and final repair opportunity
• Ark. Code Ann. § 4-90-407 — Informal dispute settlement procedure
• Ark. Code Ann. § 4-90-410 — Civil remedies, attorney fees, double damages
• 15 U.S.C. §§ 2301-2312 — Magnuson-Moss Warranty Act
• 16 C.F.R. Part 703 — FTC IDSP compliance standards
• Arkansas Attorney General, Consumer Protection Division: https://arkansasag.gov
• Arkansas AG Lemon Law Consumer Guide: https://media.ark.org/ag/Lemon-Law.pdf
• BBB AUTO LINE — Arkansas: https://bbbprograms.org/programs/dr/lemon-law/arkansas

This template is for informational purposes only and does not constitute legal advice. Laws change frequently; verify current requirements with a licensed Arkansas attorney.