Lemon Law Demand Letter - Illinois

LEMON LAW DEMAND LETTER

STATE OF ILLINOIS — FORMAL NOTICE PURSUANT TO 815 ILCS 380/3(h)

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

[__/__/____]

[MANUFACTURER LEGAL NAME]
ATTN: Customer Relations — Lemon Law / Legal Department
[MANUFACTURER ADDRESS]
[CITY, STATE ZIP]

[AUTHORIZED DEALER NAME]
ATTN: General Manager / Service Director
[DEALER ADDRESS]
[CITY, STATE ZIP]

Re: ILLINOIS LEMON LAW STATUTORY NOTICE AND DEMAND
Illinois New Vehicle Buyer Protection Act — 815 ILCS 380/1 et seq.
Consumer: [________________________________]
Vehicle: [____] [________________________________] [________________________________] ([TRIM])
VIN: [________________________________]
Date of Original Delivery: [__/__/____]
Current Odometer: [____] miles
Mileage at First Notice of Defect: [____] miles

Dear Sir or Madam:

This law firm represents [________________________________] ("Consumer" or "Client") in connection with a nonconforming vehicle that qualifies as a "lemon" under the Illinois New Vehicle Buyer Protection Act, 815 ILCS 380/1 et seq. ("Illinois Lemon Law").

THIS LETTER CONSTITUTES THE PRIOR DIRECT WRITTEN NOTIFICATION REQUIRED BY 815 ILCS 380/3(h). Receipt of this notice gives you an opportunity to correct the alleged defect. If you elect to attempt a final repair, contact this office within ten (10) business days to schedule it. Failure to cure after this notice will entitle our Client to the full remedies set forth below.

I. ILLINOIS LEMON LAW — STATUTORY FRAMEWORK

A. Governing Statute

The Illinois New Vehicle Buyer Protection Act, 815 ILCS 380/1 et seq., provides a mechanism for consumers to obtain a refund or replacement vehicle when a new motor vehicle fails to conform to express warranties and the manufacturer cannot repair it within a reasonable number of attempts or a reasonable time.

B. Covered Vehicles — 815 ILCS 380/2(c)

Illinois Lemon Law covers a "new vehicle" (815 ILCS 380/2(c)) — a passenger car, a Second Division motor vehicle weighing under 8,000 pounds, a vehicle purchased by a fire department/fire protection district, and a recreational vehicle — that a consumer purchases or leases for at least one year for primarily personal, household, or family purposes (815 ILCS 380/2(a)).

Not covered:

• Motorcycles (they do not fall within the statutory "new vehicle" definition);
• Second Division vehicles weighing 8,000 pounds or more;
• Camping trailers and travel trailers that do not qualify as used motor vehicles;
• Vehicles used for commercial/business rather than primarily personal, household, or family purposes.

(Note: recreational vehicles other than the excepted camping/travel trailers are covered by the Illinois Act.)

The vehicle that is the subject of this demand — a [____] [________________________________] [________________________________], VIN [________________________________] — falls within the covered class.

C. Statutory Warranty Period — 815 ILCS 380/2(f)

The Illinois Act's presumptions apply where the nonconformity arises during the "statutory warranty period" — the earlier of:

• The first 12 months (1 year) following original delivery to the consumer; or
• The first 12,000 miles of operation.

The vehicle was delivered on [__/__/____]. The 12-month window expires on [__/__/____]. The first documented complaint of the nonconformity was made on [__/__/____] at [____] miles — within the statutory warranty period. (Note: the statutory warranty period is distinct from the deadline to sue, which is 18 months from original delivery — see § 380/6, Section XII below.)

D. Presumption of a Reasonable Number of Attempts — 815 ILCS 380/3(b)

Illinois law establishes a rebuttable presumption that a reasonable number of repair attempts have been undertaken — and the manufacturer has failed to conform the vehicle to warranty — when either of the following thresholds is met during the statutory warranty period:

Threshold 1 — Repair Attempts:
The same nonconformity has been subject to repair four (4) or more times without successful correction.

Illinois requires 4 attempts for the repair-attempt presumption. This is higher than many other states (which use 3 or 2 attempts) and is a critical distinction for clients tracking repair history.

Threshold 2 — Days Out of Service:
The vehicle has been out of service by reason of repair for 30 or more business days (not calendar days) during the coverage period. Business days are non-weekend, non-holiday days. Days out of service need not be consecutive.

Our Client has met one or both of these thresholds as documented in Section V below.

E. Manufacturer's Written Notice Requirement — 815 ILCS 380/3(h)

The statutory presumption does not apply against the manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has had an opportunity to correct the alleged defect (815 ILCS 380/3(h)). This letter constitutes that required written notification.

F. Informal Dispute Settlement Prerequisite — 815 ILCS 380/4

The manufacturer's refund/replacement obligation under 815 ILCS 380/3(a) does not apply unless the consumer has first resorted to an informal settlement procedure where (1) the manufacturer has established such a procedure, (2) the procedure conforms substantially with 16 C.F.R. Part 703 and with 815 ILCS 380/4(c), and (3) the consumer received adequate written notice of the procedure's existence. Illinois does not "certify" lemon-law arbitration programs — the prerequisite turns on the manufacturer's program existing, substantially conforming to 16 C.F.R. Part 703, and the consumer having received written notice of it. If the consumer is dissatisfied with the decision, the consumer may bring a civil action to enforce § 380/3(a), and the limitations period is extended by the number of days the matter was pending in the procedure (815 ILCS 380/4(b)).

☐ [MANUFACTURER] maintains a qualifying 16 C.F.R. Part 703-compliant informal dispute settlement procedure of which our Client received written notice. Our Client will submit to that procedure but reserves all rights if the result is unsatisfactory or the process fails.

☐ [MANUFACTURER] does not maintain a qualifying informal dispute settlement procedure (or our Client received no written notice of one). The § 380/3(a) remedy is therefore available without first resorting to arbitration, and our Client may proceed directly to civil action if this final cure attempt fails.

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

A. Manufacturer's Express Warranties

The nonconformity(ies) described herein arose during the applicable warranty period and remain unresolved despite repeated repair attempts.

IV. DESCRIPTION OF NONCONFORMITY

A. Primary Nonconformity

Under 815 ILCS 380/2(d), a "nonconformity" is a new vehicle's failure to conform to all applicable express warranties, which failure substantially impairs the use, market value, or safety of the vehicle.

Primary Defect:

• Nature of Defect: [________________________________]
• Component(s) Affected: [________________________________]
• Date First Observed: [__/__/____] at [____] miles
• How Defect Manifests: [________________________________]
• Safety Impairment: ☐ Yes — [________________________________] ☐ No
• Use Impairment: [________________________________]
• Value Impairment: [________________________________]
• Applicable Warranty: ☐ Basic ☐ Powertrain ☐ Other: [____]

B. Additional Nonconformity(ies)

Defect 2 (if applicable):

• Nature: [________________________________]
• First Observed: [__/__/____] at [____] miles
• Impairment: [________________________________]

Defect 3 (if applicable):

• Nature: [________________________________]
• First Observed: [__/__/____] at [____] miles
• Impairment: [________________________________]

V. REPAIR HISTORY

Illinois Practice Note: Repair attempt records are the backbone of every Illinois Lemon Law claim. Retain all repair orders. Document that the same complaint was communicated each time. Count business days (Mon–Fri, excluding federal and Illinois state holidays) for the out-of-service calculation.

Repair Attempt #1

Repair Attempt #2

Repair Attempt #3

Repair Attempt #4

[Attach additional repair attempt tables as needed.]

Cumulative Repair Summary

VI. LEGAL QUALIFICATION — ILLINOIS LEMON LAW PRESUMPTION MET

A. Repair Attempt Threshold

☐ 4-Attempt Presumption Satisfied (815 ILCS 380/3): The same nonconformity — [________________________________] — has been presented for repair [____] times, meeting or exceeding the statutory threshold of four (4) attempts.

B. Out-of-Service Threshold

☐ 30-Business-Day Presumption Satisfied (815 ILCS 380/3): The vehicle has been out of service due to repair for a cumulative total of [____] business days, meeting or exceeding the 30-business-day threshold. Calculation of business days excludes weekends and Illinois state and federal holidays.

C. Both Thresholds Met

☐ Both thresholds are independently satisfied, providing multiple bases for relief.

VII. ILLINOIS CONSUMER FRAUD AND DECEPTIVE BUSINESS PRACTICES ACT

In addition to the Illinois Lemon Law, our Client's claim is supported by the Illinois Consumer Fraud and Deceptive Business Practices Act ("CFDBPA"), 815 ILCS 505/1 et seq. Your company's conduct in selling/leasing a vehicle with known defects, failing to disclose material defects, and/or misrepresenting the vehicle's condition and the manufacturer's ability to repair it constitutes:

• Unfair acts or practices in the conduct of trade or commerce under 815 ILCS 505/2; and/or
• Deceptive acts or practices that are likely to mislead a reasonable consumer.

CFDBPA Remedies — 815 ILCS 505/10a:

• Actual economic damages (§ 505/10a(a));
• Punitive damages — but note that against a new- or used-vehicle-dealer defendant these require willful or intentional conduct done with evil motive or reckless indifference, plus proof of public injury, a pattern, or an effect on consumers generally (§ 505/10a(a));
• Reasonable attorney's fees and costs to the prevailing party (§ 505/10a(c)); and
• Injunctive relief where appropriate (§ 505/10a(c)).

Statute of Limitations: Three (3) years under 815 ILCS 505/10a(e). Because the Illinois Lemon Law itself provides no attorney-fee award, the CFDBPA (and the Magnuson-Moss Act below) are the operative fee-shifting vehicles; the CFDBPA claim can also extend beyond the 12-month/12,000-mile lemon-law warranty period in appropriate circumstances.

VIII. MAGNUSON-MOSS WARRANTY ACT

Our Client also asserts claims under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., which applies to written warranties on consumer products. Violations entitle the consumer to:

• Damages for breach of written warranty;
• Recovery of costs and expenses, including reasonable attorney's fees, under 15 U.S.C. § 2310(d)(2).

The federal claim may be pursued in addition to — and simultaneously with — the Illinois Lemon Law claim.

IX. DEMAND FOR RELIEF

Pursuant to 815 ILCS 380/3(a), the manufacturer must provide either the statutory replacement or refund remedy. Our Client requests prompt confirmation of which remedy the manufacturer will provide.

A. Option 1 — Full Refund / Repurchase

Under 815 ILCS 380/3(a), the manufacturer must refund:

Reasonable Allowance for Use (815 ILCS 380/3(c)):
Illinois does not set a fixed mileage divisor. By statute, the reasonable allowance for use is the amount directly attributable to the wear and tear incurred by the vehicle from its use prior to the first report of the nonconformity to the seller, plus any subsequent period in which the vehicle is not out of service for repair (815 ILCS 380/3(c)). Any purported "÷ 100,000" or similar fixed-divisor formula has no basis in the Illinois statute and should not be conceded.

• Miles before first report of nonconformity: [____]
• Basis for wear-and-tear valuation: [________________________________]
• Reasonable allowance for use (wear and tear): $[____]

Lienholder Interest: A refund must be paid to the consumer and any lienholder as their respective interests appear. Identify the lienholder, its interest, and the current balance: [________________________________].

B. Option 2 — Replacement Vehicle

☐ In lieu of a refund, our Client will accept a new vehicle of like model line, if available, or otherwise a comparable motor vehicle under 815 ILCS 380/3(a).

Replacement Vehicle Requirement: A new vehicle of like model line, if available, or otherwise a comparable motor vehicle, as stated in 815 ILCS 380/3(a).

X. FINAL REPAIR OPPORTUNITY

This letter provides [________________________________] with the opportunity to correct the nonconformity contemplated by 815 ILCS 380/3(h). To schedule a final repair attempt:

Contact the undersigned at [________________________________] within ten (10) business days of the date of this letter. Failure to contact us within that period or failure to successfully repair the nonconformity will result in our Client proceeding immediately to arbitration (if required) or civil litigation.

XI. DOCUMENT AND VEHICLE PRESERVATION

You are hereby directed to immediately preserve and not destroy all of the following:

• All warranty claims, repair orders, and dealer-manufacturer correspondence relating to this vehicle;
• All Technical Service Bulletins (TSBs) issued for this make/model/year addressing the subject defect;
• All engineering analyses, field reports, or internal communications regarding the defect;
• All records of customer complaints regarding the same or similar defect on comparable vehicles;
• The subject vehicle in its current condition — do not repair, alter, disassemble, or transfer title without our written consent;
• All records relating to any prior informal dispute settlement or arbitration proceedings involving this vehicle or defect type.

Failure to preserve this evidence may constitute spoliation and subject you to adverse inference instructions and sanctions under Illinois law.

XII. RESPONSE DEADLINE

Respond in writing within fourteen (14) calendar days:

1. Your position on whether the vehicle qualifies under 815 ILCS 380;
2. Whether you elect to exercise the final cure opportunity and, if so, scheduling details;
3. If no final cure is elected: your offer of repurchase or replacement;
4. Contact information for your qualifying informal dispute settlement program (if applicable).

If we do not receive a satisfactory response:

☐ Our Client will submit this matter to the manufacturer's qualifying 16 C.F.R. Part 703-compliant informal dispute settlement program (if one exists and notice was given).
☐ Our Client will file suit in the appropriate Illinois Circuit Court without further notice.
☐ Our Client will file a complaint with the Illinois Attorney General, Consumer Protection Division.

XIII. CONCLUSION

Our Client purchased/leased this vehicle in good faith and has cooperated fully with your repair attempts. Despite [____] repair attempts and [____] business days without the use of their vehicle, the defect remains unresolved. Illinois law entitles our Client to a full refund or replacement.

We urge you to resolve this matter promptly. Further delay only increases the attorney's fees and costs our Client may recover under the CFDBPA (815 ILCS 505/10a(c)) and the Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)(2)).

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Illinois ARDC No. [________________________________]
[ADDRESS]
[CITY, ILLINOIS ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [________________________________]

ENCLOSURES:

☐ Copies of all repair orders (Repair Attempts #1 through #[____])
☐ Copy of purchase or lease agreement
☐ Copy of manufacturer's warranty documentation
☐ Vehicle registration / title documents
☐ Photographs or video of defect manifestation
☐ Out-of-pocket expense records supporting any separately verified claim
☐ Prior correspondence with manufacturer and dealer
☐ Authority to represent

cc: [________________________________] (Consumer)
[________________________________] (Lienholder / Lessor, if applicable)
Illinois Attorney General — Consumer Protection Division, 100 W. Randolph St., Chicago, IL 60601

ILLINOIS LEMON LAW QUICK REFERENCE

ILLINOIS LEMON LAW PRACTICE NOTES

1. Four-Attempt Rule — Document Each Attempt Separately
Illinois requires four attempts, not the two or three required in many other states. Clients must be counseled to return the vehicle and obtain a new repair order for each visit — never accept verbal assurances or informal inspections without paper. Each repair order should describe the defect in the consumer's own words consistently.

2. Business Day Calculation Is Critical
The 30-business-day threshold is calculated in business days, not calendar days. Build a calendar and confirm which days are Illinois state holidays (as published by the Illinois Secretary of State's office). Weekends and state/federal holidays are excluded.

3. Two Different Clocks — Warranty Period vs. 18-Month Limitations
Do not confuse the statutory warranty period (1 year / 12,000 miles — the window in which the nonconformity must arise, § 380/2(f)) with the deadline to sue (18 months from original delivery, § 380/6). The 18-month limitations period is extended by the number of days the matter was pending in an informal dispute settlement procedure (§ 380/4(b)). Calendar both dates carefully.

4. No AG Certification — 16 C.F.R. Part 703 Compliance Instead
Illinois does not certify lemon-law arbitration programs, and the Attorney General maintains no such list. The § 380/3(a) refund/replacement remedy is barred only where the manufacturer has an informal dispute settlement procedure that substantially conforms to 16 C.F.R. Part 703 (and § 380/4(c)) and the consumer received written notice of it (§ 380/4). Confirm whether a qualifying program exists and whether notice was given.

5. Use Allowance — Wear-and-Tear Standard, Not a Mileage Formula
Illinois's reasonable allowance for use is a wear-and-tear figure attributable to use before the first report of the nonconformity (and any later period the vehicle is not out of service), not a fixed miles-÷-100,000 (or ÷-120,000) formula (§ 380/3(c)). Reporting the defect early still limits the allowance, but be prepared to contest any fixed-divisor calculation the manufacturer proposes.

6. CFDBPA as a Parallel Track (and the Real Fee Source)
Because the Lemon Law itself awards no attorney's fees, the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/10a) and Magnuson-Moss are the fee-shifting vehicles. The CFDBPA has a 3-year statute of limitations (§ 505/10a(e)) and allows attorney's fees to the prevailing party (§ 505/10a(c)); punitive damages are available but restricted against new/used-vehicle-dealer defendants absent willful/intentional conduct and public injury (§ 505/10a(a)). Pursue it where the dealer or manufacturer knew of a systemic defect and failed to disclose it.

7. TSBs and Engineering Records
In discovery, demand all Technical Service Bulletins for the subject vehicle's model year. TSBs acknowledging a defect are powerful evidence supporting the claim that the manufacturer knew of the nonconformity.

SOURCES AND REFERENCES

• Illinois New Vehicle Buyer Protection Act, 815 ILCS 380/1 et seq.: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2341&ChapterID=64
• Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2356
• Illinois Attorney General — Consumer Protection / Lemon Law: https://illinoisattorneygeneral.gov/consumers/autofraud.html
• Magnuson-Moss Warranty Act, 15 U.S.C. § 2301: https://www.law.cornell.edu/uscode/text/15/2301
• FTC Informal Dispute Resolution Rule, 16 C.F.R. Part 703: https://www.ecfr.gov/current/title-16/part-703
• Illinois Secretary of State — State Holidays: https://www.ilsos.gov/

This template is for informational purposes only and does not constitute legal advice. Illinois Lemon Law claims are time-sensitive and procedurally demanding. Consult a licensed Illinois attorney promptly — delays can forfeit coverage period rights.