Lemon Law Demand Letter — Wisconsin

LEMON LAW DEMAND LETTER — STATUTORY NOTICE

STATE OF WISCONSIN — Wis. Stat. § 218.0171

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

[__/__/____]

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

[AUTHORIZED DEALER NAME]
Attn: General Manager / Service Director
[DEALER ADDRESS]
[CITY, WI ZIP]

Re: WISCONSIN LEMON LAW DEMAND — Wis. Stat. § 218.0171 STATUTORY NOTICE
Consumer: [CONSUMER FULL NAME]
Vehicle: [YEAR] [MAKE] [MODEL] [TRIM]
VIN: [________________________________]
Purchase / Lease Date: [__/__/____]
Current Odometer: [____] miles
Total Days Out of Service: [____] calendar days

Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client") regarding the above-described vehicle, which qualifies as a "lemon" under the Wisconsin Motor Vehicle Lemon Law, Wis. Stat. § 218.0171, and the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.

This letter constitutes the mandatory written notice of nonconformity required by Wis. Stat. § 218.0171(3) and demands repurchase or replacement of the defective vehicle. The manufacturer has one (1) final repair opportunity as provided by the statute. Time is of the essence.

I. WISCONSIN LEMON LAW — KEY PROVISIONS THAT DISTINGUISH WISCONSIN FROM OTHER STATES

A. Leased Vehicles Are Fully Covered

Wisconsin's Lemon Law expressly covers leased vehicles, not just purchased ones. Under Wis. Stat. § 218.0171(1)(d), "motor vehicle" includes any new motor vehicle that is "the subject of a retail purchase or retail lease in this state." Many states exclude leased vehicles; Wisconsin does not. Our Client's vehicle is a ☐ purchased / ☐ leased vehicle and is fully protected under Wis. Stat. § 218.0171.

B. The Coverage Period — One Year from Delivery (Shorter Than Most States)

The Wisconsin Lemon Law's coverage period is the earlier of: (a) the full term of the manufacturer's express warranty, or (b) one (1) year from the date of original delivery to the consumer. Wis. Stat. § 218.0171(2)(a). This is a shorter coverage window than many states' lemon laws, which is why it is critical to act promptly once defects arise. All nonconformities described in this letter first manifested within the coverage period.

C. Reduced Safety Defect Threshold — Only 2 Repair Attempts Required

Wisconsin imposes a reduced threshold for safety defects: under Wis. Stat. § 218.0171(2)(b)1m, if a nonconformity is one that is likely to cause death or serious bodily harm if the vehicle is driven, the presumption of lemon status is established after only two (2) repair attempts. This lower threshold reflects Wisconsin's particularly consumer-protective approach.

For non-safety defects, the standard threshold under Wis. Stat. § 218.0171(2)(b)1 is four (4) repair attempts for the same defect, or thirty (30) or more calendar days out of service.

D. Consumer Chooses the Remedy — Refund or Replacement

Under Wis. Stat. § 218.0171(2)(b)3, the consumer — not the manufacturer — chooses whether to receive a full refund or a comparable replacement vehicle. The manufacturer cannot dictate the remedy. Our Client elects the remedy identified in Section VIII below.

E. No Mandatory Arbitration Before Filing Suit

Wisconsin is one of a limited number of states that does not require consumers to submit to manufacturer-sponsored arbitration before filing a civil action in court. Wis. Stat. § 218.0171(6) allows the consumer to elect to use any informal dispute settlement mechanism established by the manufacturer, but this election is entirely voluntary. Our Client ☐ elects / ☐ does not elect to use manufacturer arbitration and ☐ will / ☐ will not proceed directly to court if this demand is not resolved.

F. Mandatory Attorney's Fees — No Discretion

Under Wis. Stat. § 218.0171(7), if the consumer prevails in a civil action, the court shall (mandatory, not discretionary) award the consumer reasonable attorney's fees and costs. This fee-shifting provision is one of the strongest in the country.

G. Civil Forfeiture for Manufacturer Non-Compliance

Under Wis. Stat. § 218.0171(8), any manufacturer who violates the Lemon Law may be subject to a civil forfeiture of $100 to $10,000 per violation, in addition to the consumer's individual relief. This forfeiture is payable to the State of Wisconsin and may be sought by the Wisconsin Department of Justice.

H. Mileage Offset Calculation

Wisconsin's refund formula includes a mileage offset calculated as:

Offset = (Full Purchase Price) × (Miles at First Report of Nonconformity ÷ 100,000)

This calculation is set by statute at Wis. Stat. § 218.0171(2)(b)3.a. The offset is based on miles at the time of the first written report of the nonconformity, not current mileage. Accordingly, it is essential that the mileage at first complaint be accurately documented.

II. VEHICLE AND TRANSACTION INFORMATION

III. WARRANTY INFORMATION

The defects described in Section IV first appeared within the applicable warranty period and within one (1) year of the date of delivery, satisfying the coverage period under Wis. Stat. § 218.0171(2)(a).

IV. DEFECT DESCRIPTION

The vehicle suffers from the following nonconformity(ies) that substantially impair its use, value, or safety within the meaning of Wis. Stat. § 218.0171(2):

Primary Defect

• Description: [________________________________]
• Date First Occurred: [__/__/____]
• Mileage at First Occurrence: [____] miles
• How Defect Manifests: [________________________________]
• Safety Defect? ☐ Yes — likely to cause death or serious bodily harm if vehicle driven ☐ No
• If yes, only 2 repair attempts are required under Wis. Stat. § 218.0171(2)(b)1m
• Impact on Use: [________________________________]
• Impact on Value: [________________________________]

Additional Defect(s) (if applicable)

• Description: [________________________________]
• Date First Occurred: [__/__/____]
• Mileage at First Occurrence: [____] miles
• Safety Defect? ☐ Yes ☐ No

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]

Repair Attempt Summary

VI. LEMON LAW QUALIFICATION ANALYSIS

A. Threshold Satisfied Under Wis. Stat. § 218.0171(2)(b)

☐ Four-Repair Threshold Met (Non-Safety Defect):
The same nonconformity has been subject to repair [____] times, meeting or exceeding the four (4) repair attempt threshold under Wis. Stat. § 218.0171(2)(b)1.

☐ Two-Repair Threshold Met (Safety Defect):
The defect is a safety defect likely to cause death or serious bodily harm. The vehicle has been subject to [____] repair attempts, meeting or exceeding the reduced two (2) attempt threshold for safety defects under Wis. Stat. § 218.0171(2)(b)1m.

☐ Thirty-Day Out-of-Service Threshold Met:
The vehicle has been out of service for a cumulative total of [____] calendar days (need not be consecutive), meeting or exceeding the thirty (30) calendar day threshold under Wis. Stat. § 218.0171(2)(b)2.

B. Coverage Period Confirmed

The first complaint was reported on [__/__/____], which is within one (1) year of the delivery date of [__/__/____], satisfying the coverage period under Wis. Stat. § 218.0171(2)(a).

C. Federal Magnuson-Moss Warranty Act

Independent of state law, our Client has claims under the federal Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., for the manufacturer's failure to honor its written warranty. The Act provides for mandatory attorney's fees to prevailing consumers. These federal claims are cumulative to, not exclusive of, the Wisconsin Lemon Law claims.

VII. THIS LETTER IS THE REQUIRED STATUTORY NOTICE

This letter constitutes the written notice of nonconformity required by Wis. Stat. § 218.0171(3) before commencing a civil action. Notice is given by certified mail, return receipt requested, as required by the statute. Upon receipt of this letter, you have the right to one (1) additional repair attempt.

To schedule the final repair opportunity, contact the undersigned within ten (10) business days of the date of this letter. If the manufacturer fails to schedule or complete the final repair attempt within a reasonable time, or if the defect is not cured after the final attempt, our Client will proceed directly to court without further notice.

THIS IS YOUR FINAL REPAIR OPPORTUNITY UNDER Wis. Stat. § 218.0171(3).

VIII. DEMAND FOR RELIEF — CONSUMER'S ELECTION

Pursuant to Wis. Stat. § 218.0171(2)(b)3, our Client elects the following remedy (the consumer, not the manufacturer, has this election under Wisconsin law):

☐ FULL REFUND / REPURCHASE

The manufacturer must refund all of the following:

The manufacturer must also pay off the outstanding loan or lease balance directly to [LIENHOLDER / LESSOR NAME]: $[____]

☐ REPLACEMENT VEHICLE

The manufacturer must provide a comparable new motor vehicle of the same or similar model and trim acceptable to our Client, at no additional charge. Any difference in value shall be handled as provided in Wis. Stat. § 218.0171(2)(b)3.b.

Additional Relief — All Cases

1. Mandatory Attorney's Fees: Under Wis. Stat. § 218.0171(7), a prevailing consumer shall recover reasonable attorney's fees. Attorney's fees incurred to date: $[____].

2. Incidental Damages: All costs incurred as a result of the nonconformity, including rental vehicle expenses, towing charges, and related out-of-pocket losses: $[____].

3. Civil Forfeiture (Wis. Stat. § 218.0171(8)): Should this matter proceed to litigation, we will seek civil forfeitures of $100 to $10,000 per violation for the manufacturer's non-compliance with the Lemon Law.

IX. DOCUMENT AND EVIDENCE PRESERVATION

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

☐ All repair orders and warranty claims
☐ Technical service bulletins (TSBs) related to the defect(s) described herein
☐ Consumer complaints regarding similar defects in the same make, model, and year
☐ All internal communications regarding this vehicle's defect(s)
☐ Engineering analyses, field reports, and root cause analyses
☐ The vehicle itself — do not alter, dismantle, sell, or transfer ownership
☐ All communications between dealer and manufacturer regarding this vehicle
☐ Any records of prior government investigations or recalls related to the defect

Failure to preserve evidence may result in sanctions, adverse inference instructions to the jury, and independent spoliation claims under Wisconsin law.

X. RESPONSE DEADLINE AND NEXT STEPS

Please respond in writing within fourteen (14) days of the date of this letter:

1. Your acknowledgment of receipt of this statutory notice under Wis. Stat. § 218.0171(3);
2. Your position on whether the vehicle qualifies for relief under the Wisconsin Lemon Law;
3. If you elect to exercise the final repair opportunity, proposed scheduling within ten (10) business days;
4. If you do not elect to exercise the final repair opportunity, your offer for repurchase or replacement.

If we do not receive a satisfactory response, our Client is authorized to:

☐ File suit in the appropriate Wisconsin Circuit Court for repurchase or replacement, mandatory attorney's fees under Wis. Stat. § 218.0171(7), and civil forfeiture under Wis. Stat. § 218.0171(8);

☐ File suit in the United States District Court for the Eastern or Western District of Wisconsin for Magnuson-Moss Warranty Act violations;

☐ Report this matter to the Wisconsin Department of Justice, Bureau of Consumer Protection, 17 West Main Street, P.O. Box 7857, Madison, WI 53707-7857;

☐ Report this matter to the Wisconsin Department of Transportation, Vehicle and Dealer Services, P.O. Box 7995, Madison, WI 53707-7995.

XI. CONCLUSION

Our Client purchased/leased this vehicle in good faith and has given [MANUFACTURER] every reasonable opportunity to correct its substantial defects. The vehicle remains unrepaired. Wisconsin law mandates relief. We urge you to resolve this matter promptly and avoid unnecessary litigation costs, including the mandatory attorney's fee award that will accompany any judgment in our Client's favor.

This letter is written without prejudice to any and all rights and remedies available to our Client, all of which are expressly reserved.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[ATTORNEY NAME]
State Bar of Wisconsin No. [____]
[ADDRESS]
[CITY, WI ZIP]
Tel: [(___) ___-____]
Email: [________________________________]

Attorneys for [CONSUMER FULL NAME]

ENCLOSURES:

☐ Copies of all repair orders (Repair Attempts 1–[____])
☐ Copy of purchase/lease agreement
☐ Copy of manufacturer's warranty booklet
☐ Vehicle registration / title
☐ Photographs or video of defect(s)
☐ Lien/lease payoff statement
☐ Prior written correspondence with manufacturer or dealer
☐ Authorization to represent

cc: [CONSUMER NAME]
[LIENHOLDER / LESSOR, if applicable]
Wisconsin Department of Justice, Bureau of Consumer Protection
Wisconsin Department of Transportation, Vehicle and Dealer Services

WISCONSIN LEMON LAW QUICK REFERENCE

WISCONSIN-SPECIFIC PRACTICE NOTES

1. Safety Defect — Act Immediately: The two-repair threshold for safety defects under Wis. Stat. § 218.0171(2)(b)1m is significantly lower than other states. If the defect is safety-related (brake failure, steering loss, fire risk, etc.), qualification for lemon law relief may occur after just two unsuccessful repairs.

2. Leased Vehicle Documentation: For leased vehicles, secure the lease agreement, capitalized cost disclosure, and any residual value documentation. The refund formula under Wis. Stat. § 218.0171(2)(b)3 applies to both purchases and leases.

3. One-Year Coverage Period: Wisconsin's one-year coverage window is shorter than many states. Clients who delay beyond one year from delivery lose their Wis. Stat. § 218.0171 rights, even if the manufacturer's warranty is longer. File promptly.

4. Consumer Elects the Remedy: The manufacturer cannot override the consumer's election between refund and replacement under Wis. Stat. § 218.0171(2)(b)3. Document the election clearly in writing.

5. No Mandatory Arbitration: Wisconsin does not require manufacturer arbitration before suit. This is a significant strategic advantage — consumers can proceed directly to court without delay.

6. Mandatory Fee Award: Because attorney's fees are mandatory (not discretionary) under Wis. Stat. § 218.0171(7), manufacturers face substantial exposure if they litigate and lose. Use this as a settlement lever.

7. Wisconsin DOJ Role: The Wisconsin Department of Justice can independently pursue civil forfeitures against non-compliant manufacturers under Wis. Stat. § 218.0171(8). A contemporaneous DOJ complaint can increase pressure on the manufacturer.

8. Mileage at First Complaint — Key Date: Document the odometer reading at the first written complaint to the dealer. This reading is used in the statutory offset formula and should be preserved from the first repair order.

SOURCES AND REFERENCES

• Wis. Stat. § 218.0171 — Wisconsin Motor Vehicle Lemon Law: https://docs.legis.wisconsin.gov/statutes/statutes/218/0171
• 15 U.S.C. § 2301 et seq. — Magnuson-Moss Warranty Act: https://www.ftc.gov/legal-library/browse/statutes/magnuson-moss-warranty-ftc-improvement-act
• Wisconsin Department of Justice — Consumer Protection: https://www.doj.state.wi.us/consumer/consumer-protection
• Wisconsin Department of Transportation — Vehicle and Dealer Services: https://wisconsindot.gov/Pages/dmv/vehicles/title-plates/home.aspx
• Wisconsin Lemon Law Summary (WI DOJ): https://www.doj.state.wi.us/sites/default/files/dls/lemon_law.pdf

This template is for informational purposes only and does not constitute legal advice. Wisconsin's Lemon Law has unique features, including the consumer's right to elect refund or replacement, mandatory attorney's fees, and a reduced repair threshold for safety defects. Consult a licensed Wisconsin attorney before use.