A consumer who owned a 2022 Nissan Rogue recently emerged victorious in a CT lemon law case and was awarded a refund of over $49,000 by the State’s Department of Consumer Protection. This reimbursement serves as just compensation for the consumer’s experience with the malfunctioning vehicle.
Represented by Lemberg Law, the consumer took action by filing a Lemon Law complaint in May 2023, approximately one year after taking delivery of the problematic 2022 Nissan Rogue. Frustratingly, despite the consumer’s efforts to address recurring failures and defects, the dealership failed on five separate occasions to successfully repair the vehicle.
What Was Wrong with the Nissan Rogue?
Shortly after purchasing the 2022 Nissan Rogue, the driver began experiencing an unpleasant odor of raw gasoline permeating the cabin with barely 2,000 miles on the odometer. The smell typically occurred when the vehicle was in operation for thirty minutes or more. The Consumer expressed the inconvenience of driving with open windows to minimize the smell, particularly during cold weather. Additionally, the Consumer presented a note from her primary care physician affirming that the raw fuel odor resulted in headaches and nausea.
The vehicle was taken in for repairs, but the problems persisted. Just three months later, with the mileage at almost 3,000, the consumer had to return the vehicle to the dealership once again due to the constant gas smell. This cycle repeated three more times, with each visit focusing on addressing the same persistent issue.
Connecticut Lemon Law
Connecticut’s lemon law program is administered by the CT State Department of Consumer Protection (DCP) and holds the distinction of being the first of its kind in the United States, established on June 4, 1982. This program specifically addresses automotive warranties and provides a relatively straightforward and informal process for resolving disputes between consumers and automobile manufacturers.
Every year, numerous consumers with defective vehicles that are under two years old or have fewer than 24,000 miles on the odometer seek reparation through Connecticut’s lemon law. The most common outcomes involve consumers being awarded refunds or receiving replacement vehicles. In the aforementioned case, the consumer was granted a full refund, inclusive of additional fees.
Resolution
Ultimately, the DCP rendered a decision in favor of the consumer, entitling them to a comprehensive refund that encompassed various fees and expenses. This includes the list price of the vehicle at $41,800 plus sales taxes amounting to $1,800, a dealer documentation/conveyance fee of $700, and various other fees such as vehicle title, registration, and other fees.
The total award surpassed $49,000, marking a significant victory for the consumer. The ruling emphasizes that all refunds must be issued within a 30-day period following the delivery of the decision by the Department of Consumer Protection (DCP). This provision safeguards the consumer’s rights and underscores the efficient resolution process outlined in Connecticut’s lemon law.
Importance of Consumer Rights
The successful lemon law case involving the Connecticut driver and their 2022 Nissan Rogue underscores the importance of understanding and exercising consumer rights. By actively asserting their rights, the consumer not only sought a remedy for their specific situation but also contributed to the broader conversation on consumer advocacy. This case highlights the effectiveness of legal measures in holding manufacturers accountable and ensuring fair treatment for consumers facing similar challenges.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
