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Letter to the Editor

Pennsylvania Lemon Law on Verge of Expanding Consumer Rights to Include Leased Vehicles

HARRISBURG, Pa. -- The Consumer Affairs Committee of the House of Representatives has acted on two bills which will expand consumers' rights under the Pennsylvania Lemon Law. The changes brought about by House Bill 767 and Senate Bill 286, to expand coverage, will now include the addition of leased cars and create used vehicle branding requirements. This will mark the first major amendments to the Pennsylvania Lemon Law since it was enacted in 1984.

Twenty percent of all new passenger cars and 26 percent of all light utility trucks distributed in Pennsylvania in the year 2000 were leased, according to R. H. Polk, a noted industry consultant. That figure is nearly 300% greater than the number of leased vehicles distributed in the Commonwealth in the early eighties, when the Bill was originally passed. Until these Bills, a growing number of consumers were being denied consumer protection under the state's Lemon Law.

The Prime Sponsor of HB 767 is Representative John R. Evans (R-District 5, Erie and Crawford Counties). The Prime Sponsor of SB 286 is Senator Stewart J. Greenleaf (R-District 12, Montgomery County). The Consumer Affairs Committee is chaired by Representative Chris R. Wogan (R-District 176, Philadelphia County).

"Today marks a tremendous victory for Pennsylvania consumers," says Automobile Consumer Advocate Craig Thor Kimmel, a legal consultant to the committee who has rallied for the inclusion of leased vehicles since 1997. Mr. Kimmel is managing partner of the Ambler-based Kimmel & Silverman, P.C., the nation's largest lemon law and consumer advocacy firm. Since 1990, his firm has provided free legal help to more than 17,500 consumers under State and Federal statutes. "While Federal Statutes provide some protection for lessees, the revised Pennsylvania Lemon Law will clearly define the responsibility manufacturers have when it comes to Pennsylvania consumers who decide to lease."

House Bill 767 also requires title branding and disclosure to consumers purchasing reacquired lemons under the State Law. "With more unsuspecting consumers buying these cars, the changes to the Law will insure people are not misled about the history of the vehicle they are purchasing," says Kimmel.

"The Bills before the Committee reflect years of deliberation and compromise," says Jodie L. Stuck, Executive Director of the Consumer Affairs Committee. "The Prime Sponsors of both pieces of legislation are elated at the fact that the full committee can finally consider what it deems sound public policy further protecting Pennsylvania consumers."

According to Stuck, once the Bills are voted out of committee, it usually takes at least three calendar days before the legislation can be considered on the House floor, barring any mark-ups from the Appropriations Committee or the Bills becoming redirected at Leadership's discretion. The newly expanded Pennsylvania Lemon Law will be enacted sixty days following passage.

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