Lemon Law Demand Letter — Oregon

OREGON AUTOMOBILE WARRANTY ENFORCEMENT LAW — DEMAND LETTER

STATE OF OREGON

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

[__/__/____]

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

[DEALER NAME]
ATTN: General Manager / Service Manager
[DEALER ADDRESS]
[CITY, OR ZIP]

Re: FORMAL DEMAND — OREGON AUTOMOBILE WARRANTY ENFORCEMENT LAW
ORS 646A.400 et seq. — STATUTORY WRITTEN NOTICE TO MANUFACTURER
Consumer/Owner: [________________________________]
Vehicle: [____] [________________________________] [________________________________]
VIN: [________________________________]
Purchase/Lease Date: [__/__/____]
Mileage at First Repair Report: [____]
Current Mileage: [____]

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") in connection with the above-referenced vehicle, which qualifies for relief under the Oregon Automobile Warranty Enforcement Law, ORS 646A.400 through ORS 646A.418 ("Oregon Lemon Law"), and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

THIS LETTER CONSTITUTES STATUTORY WRITTEN NOTICE TO THE MANUFACTURER AS REQUIRED BY ORS 646A.408.

Please direct all communications regarding this matter to our office.

I. OREGON AUTOMOBILE WARRANTY ENFORCEMENT LAW — LEGAL FRAMEWORK

A. Governing Statute

This demand is made pursuant to the Oregon Automobile Warranty Enforcement Law, ORS 646A.400–646A.418, enacted to protect Oregon consumers who purchase or lease new motor vehicles that persistently fail to conform to the manufacturer's express warranty. Oregon's lemon law contains specific thresholds, notice requirements, and remedies that distinguish it from other states' statutes.

B. Covered Vehicles — ORS 646A.400(3)

Oregon's lemon law applies to a "motor vehicle" defined as:

• A new passenger motor vehicle purchased or leased in Oregon; OR
• A new passenger motor vehicle registered by the consumer in Oregon
• Excludes: motorcycles, motor homes, and vehicles with a gross vehicle weight rating exceeding 10,000 pounds

The vehicle that is the subject of this demand is a [YEAR] [MAKE] [MODEL] with VIN [VIN], purchased/leased new on [__/__/____], and is a covered motor vehicle under ORS 646A.400(3).

C. Oregon Coverage Period — ORS 646A.402(1)

Oregon's lemon law applies during the earlier of:

• One (1) year from the date of original delivery to the consumer; OR
• 12,000 miles driven by the consumer

Important Oregon Distinction: Oregon's coverage period is 1 year / 12,000 miles — shorter than many states (which use 2 years / 24,000 miles). Our Client's vehicle was delivered on [__/__/____]. The coverage period expires on the earlier of [__/__/____] (one year) or [____] miles (12,000-mile odometer reading). All repair attempts described herein occurred within the coverage period.

D. Oregon Presumption of Nonconformity — ORS 646A.406

Under ORS 646A.406, there is a rebuttable presumption that a reasonable number of repair attempts have been made if, within the ORS 646A.402 coverage period, any of the following thresholds are met:

Note on "Days Out of Service": Unlike some states, Oregon uses calendar days (not business days) for the 30-day out-of-service threshold under ORS 646A.406(1)(b). All days the vehicle is in the possession of the dealer for warranty repairs count.

E. Mandatory Written Notice to Manufacturer — ORS 646A.408

Before pursuing arbitration or litigation, the consumer must provide the manufacturer with written notice by certified mail of the need for repair, giving the manufacturer one final opportunity to cure. This requirement is found at ORS 646A.408.

THIS LETTER CONSTITUTES THE REQUIRED WRITTEN NOTICE UNDER ORS 646A.408.

Upon receipt, the manufacturer has ten (10) business days to make a final attempt to repair the vehicle. If the manufacturer fails to cure within this period, the consumer may proceed to arbitration or litigation.

F. Oregon Use Allowance Calculation — ORS 646A.404(1)(a)

In a refund, Oregon law permits the manufacturer to deduct a "use allowance" calculated as follows:

Use Allowance = Full Contract Price × (Miles Driven at Time of First Repair Report ÷ 100,000)

This formula is more favorable to consumers than some states' formulas because it uses the mileage at first repair report — not current mileage — as the numerator, preventing the manufacturer from benefiting from delay.

Use Allowance Calculation:

G. Attorney's Fees and Civil Penalty — ORS 646A.412

Under ORS 646A.412:

1. Attorney's Fees: A consumer who prevails in a lemon law action shall recover reasonable attorney's fees and costs.

2. Civil Penalty: A manufacturer that unreasonably refuses to provide the required relief shall pay a civil penalty of $25 per day for each day the manufacturer unreasonably refuses to comply, up to a maximum of $5,000. This penalty accrues from the date the consumer is determined to be entitled to relief.

H. Oregon AG Arbitration Program

Under ORS 646A.410, if the manufacturer operates an informal dispute settlement procedure that has been certified by the Oregon Department of Justice as meeting the requirements of 16 C.F.R. Part 703, the consumer must first submit the dispute to that procedure before filing a civil action. The arbitration decision is binding on the manufacturer if accepted by the consumer; the consumer may reject the decision and proceed to court.

• BBB Auto Line arbitrates disputes for many manufacturers and has DOJ certification in Oregon
• NCDS (National Center for Dispute Settlement) is certified for certain manufacturers
• If [MANUFACTURER] does not have a DOJ-certified program, the consumer may proceed directly to court

II. VEHICLE INFORMATION

III. WARRANTY INFORMATION

All defects described herein arose and were first reported during the applicable warranty period and within Oregon's ORS 646A.402 coverage period.

IV. DESCRIPTION OF NONCONFORMITY

The vehicle suffers from one or more nonconformities that substantially impair its use, market value, or safety as required by ORS 646A.402(1). A "nonconformity" under ORS 646A.400(5) means a failure to conform to an express warranty that substantially impairs the use, market value, or safety of the motor vehicle.

Primary Nonconformity

• Description: [________________________________]
• First Occurrence: [__/__/____] at [____] miles
• Symptoms: [________________________________]
• Safety Risk: ☐ Yes — [________________________________] ☐ No
• Effect on Use: [________________________________]
• Effect on Market Value: [________________________________]
• Warranty Provision Implicated: [________________________________]

Additional Nonconformity (if applicable)

• Description: [________________________________]
• First Occurrence: [__/__/____] at [____] miles
• Symptoms: [________________________________]

V. REPAIR HISTORY

Repair Attempt No. 1

Repair Attempt No. 2

Repair Attempt No. 3

Repair Attempt No. 4

[Add additional repair attempt tables as needed.]

Summary of Repair Attempts

VI. OREGON LEMON LAW QUALIFICATION

A. Coverage Period Confirmed

The vehicle was delivered on [__/__/____]. The coverage period under ORS 646A.402(1) is the earlier of one year or 12,000 miles. Our Client first reported the nonconformity on [__/__/____] at [____] miles, which is within the coverage period.

B. Presumption Triggered Under ORS 646A.406

☐ Same Nonconformity — 4+ Repair Attempts (ORS 646A.406(1)(a)):
The same nonconformity has been subject to [____] repair attempts without successful cure, exceeding the 4-attempt threshold.

☐ Safety Defect — Single Attempt (ORS 646A.406(1)(c)):
The defect creates a serious risk of death or serious bodily injury, and the manufacturer has had at least one opportunity to repair without success.

☐ Days Out of Service — 30+ Calendar Days (ORS 646A.406(1)(b)):
The vehicle has been out of service for a cumulative total of [____] calendar days, exceeding the 30-day threshold.

C. Magnuson-Moss Warranty Act (Federal Claim)

In addition to Oregon state law, our Client has claims under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. Under Magnuson-Moss, a consumer who prevails in a warranty breach action may recover attorney's fees in addition to the purchase price or replacement value.

VII. ARBITRATION STATUS

☐ [MANUFACTURER] operates a DOJ-certified informal dispute settlement program in Oregon. Our Client will submit this matter to [BBB Auto Line / NCDS / other: ________________________________] prior to initiating litigation, as required by ORS 646A.410. Please provide the program's contact information and enrollment instructions within 10 business days.

☐ [MANUFACTURER] does not operate a DOJ-certified informal dispute settlement program in Oregon. Our Client therefore may proceed directly to civil litigation without arbitration under ORS 646A.410.

☐ [MANUFACTURER]'s program has been found non-compliant with Oregon DOJ certification requirements. Our Client may proceed directly to court.

VIII. DEMAND FOR RELIEF

Pursuant to ORS 646A.402 and ORS 646A.404, we hereby demand:

A. Primary Relief

☐ REFUND (Repurchase) Under ORS 646A.404(1)

Refund must include payoff of any outstanding loan/lease balance to the lienholder.

☐ REPLACEMENT Under ORS 646A.404(2)

Provide a new, comparable motor vehicle of the same make, model, and trim level (or one reasonably acceptable to our Client), plus reimbursement of all incidental damages incurred.

B. Additional Remedies

1. Attorney's Fees and Costs (ORS 646A.412): A prevailing consumer is entitled to reasonable attorney's fees. We will seek an award upon resolution.

2. Civil Penalty (ORS 646A.412): Should you unreasonably refuse to provide relief after being notified of our Client's entitlement, you will be liable for $25 per day (maximum $5,000) in civil penalties.

3. Outstanding Loan/Lease Payoff: You must pay off any outstanding balance owed to [________________________________] (lienholder/lessor) as of the date of refund.

4. Incidental Damages: Rental vehicle costs: $[____]; towing charges: $[____]; other: $[____].

IX. FINAL REPAIR OPPORTUNITY — ORS 646A.408

This letter constitutes written notice under ORS 646A.408. You have ten (10) business days from receipt of this letter to make a final repair attempt. Please contact us within five (5) business days to schedule the final repair. If you wish to exercise this right:

• Arrange for a loaner vehicle at your expense for the duration
• Provide written confirmation of the repair appointment
• Confirm in writing what repair will be attempted

If the vehicle is not repaired to conform to the warranty within the 10-business-day period, our Client will proceed with Oregon DOJ-certified arbitration (if applicable) and/or litigation in Oregon Circuit Court.

X. DOCUMENT PRESERVATION DEMAND

You are hereby directed to preserve all documents and data relating to this vehicle, including:

• All repair orders, service records, and warranty claims
• All technical service bulletins (TSBs) applicable to this vehicle's defect
• Field service actions and engineering studies regarding this defect
• Customer complaints regarding the same defect in same-model vehicles
• Communications between dealership(s) and manufacturer regarding this vehicle
• Dealer and manufacturer diagnostic data and scan tool outputs
• The vehicle itself — do not resell, auction, disassemble, or alter

Failure to preserve this evidence may result in sanctions and adverse inference rulings.

XI. RESPONSE DEADLINE

Please respond to this demand in writing within ten (10) business days with:

1. Your position on whether the vehicle qualifies under Oregon's lemon law
2. Your offer for repurchase or replacement under ORS 646A.404
3. Authorization and scheduling for the final repair opportunity under ORS 646A.408 (if elected)

If we do not receive a satisfactory response, our Client will:

☐ Submit the dispute to the applicable DOJ-certified arbitration program
☐ File suit in Oregon Circuit Court without further notice
☐ Report this matter to the Oregon Department of Justice Consumer Protection Section

XII. CONCLUSION

Our Client has afforded [MANUFACTURER] every opportunity to repair this vehicle. The vehicle continues to suffer from substantial nonconformities that impair its use, safety, and market value. Our Client is entitled to a refund or replacement under ORS 646A.404. We urge prompt resolution to avoid unnecessary litigation expenses, civil penalties, and mandatory attorney fee awards.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Oregon State Bar No. [____]
[ADDRESS]
[CITY, OR ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:
☐ Copies of all repair orders (Repair Orders No. 1 through [____])
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration (Oregon)
☐ Photographs / videos of defect
☐ Loaner car / rental car receipts
☐ Prior correspondence with manufacturer and/or dealer
☐ Authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER/LESSOR, if applicable]
Oregon Department of Justice — Consumer Protection Section (503-378-4732)

OREGON AUTOMOBILE WARRANTY ENFORCEMENT LAW — QUICK REFERENCE

OREGON-SPECIFIC PRACTICE NOTES

1-Year / 12,000-Mile Coverage Period is Shorter Than Most States. Oregon's ORS 646A.402(1) coverage period is shorter than the 2-year / 24,000-mile period used in many states. The date of first repair report and the odometer reading at that time are critical facts.

Calendar Days for Out-of-Service Count. Oregon uses calendar days (not business days) for the 30-day out-of-service threshold under ORS 646A.406(1)(b). This differs from states that use business days and makes it easier for consumers to meet the threshold.

Certified Mail Is Mandatory. ORS 646A.408 expressly requires written notice by certified mail. Maintain the certified mail tracking number and return receipt as proof of delivery and to establish the start of the 10-day cure period.

Use Allowance Based on Mileage at First Repair, Not Current. The Oregon formula in ORS 646A.404(1)(a) uses the mileage when the consumer first reported the nonconformity as the numerator. This prevents the manufacturer from benefiting from delays in resolving the claim.

Civil Penalty Provides Leverage. The $25/day / $5,000 maximum civil penalty under ORS 646A.412 for unreasonable refusal is a unique Oregon provision. While modest in amount, it signals legislative intent and should be cited in demand letters to encourage prompt resolution.

Oregon DOJ Certification for Arbitration. The manufacturer's arbitration program must be specifically certified by the Oregon Department of Justice under ORS 646A.410 — not merely FTC-compliant under 16 C.F.R. Part 703. Verify current Oregon DOJ certification before submitting to any program.

2-Year Statute of Limitations. Under ORS 646A.418, claims must be brought within 2 years of the date the consumer first reported the nonconformity. This differs from the discovery rule used in some other states.

Magnuson-Moss Layering. Federal Magnuson-Moss claims should be asserted alongside state law claims for maximum leverage. Federal attorney fee recovery is available to prevailing consumers independently of Oregon's fee provision.

SOURCES AND REFERENCES

• ORS 646A.400–646A.418 — Oregon Automobile Warranty Enforcement Law: https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html
• ORS 646A.412 — Civil Penalty and Attorney Fees: https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html
• Oregon DOJ Consumer Protection — Lemon Law: https://www.doj.state.or.us/consumer-protection/vehicles/
• Oregon DOJ Certified Arbitration Programs: https://www.doj.state.or.us/consumer-protection/vehicles/informal-dispute-resolution-programs/
• 15 U.S.C. § 2301 et seq. — Federal Magnuson-Moss Warranty Act: https://www.ftc.gov/legal-library/browse/statutes/magnuson-moss-warranty-act
• FTC Warranty Dispute Resolution: 16 C.F.R. Part 703

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