Consumer Alert · California

California's Lemon Law Just Got Harder to Use.

Assembly Bill 1755 rewrote the rules for how Californians fight back against defective vehicles — adding new notice requirements, a shorter filing window, and a confusing two-track system. Here's what changed, and how to tell your representative what you think.

AB 1755 · Signed Sept. 29, 2024 · Most provisions effective Jan 1, 2025
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What Changed

AB 1755, in plain English

For over 50 years, the Song-Beverly Consumer Warranty Act gave California drivers some of the strongest lemon law protections in the country. AB 1755 (Kalra) and its cleanup bill, SB 26, didn't just gut those protections... They made it harder than ever to bring a claim while also shortening the amount of time to file an action.

New Hurdle

A mandatory 30-day notice before you can sue

To pursue penalties, you can no longer go straight to court. For manufacturers that opted in, you must send a written pre-litigation notice and wait 30 days for the manufacturer to respond before filing a claim.

Shorter Window

A tighter statute of limitations

Claims against opted-in manufacturers must now be filed within one year after your express warranty expires — and no later than six years after the vehicle was first delivered. Previously, the clock generally ran from when you discovered the defect was unrepairable.

New Step

Mandatory mediation with limited discovery

Once a case is filed against an opted-in manufacturer, both sides must attend mediation within 150 days of the manufacturer's answer — and your ability to gather evidence (discovery) is restricted during that window.

Confusing

A two-track system based on your manufacturer

AB 1755 only applies to manufacturers that voluntarily "opt in" through the DCA's Arbitration Certification Program. If yours opted in, you're on the new fast track. If not, the older rules still apply — and most drivers have no idea which track they're on.

Why It Matters

Less time, more paperwork, more confusion

Supporters say AB 1755 speeds up resolutions and reduces drawn-out litigation. But consumer advocates point out that the same changes that streamline things for manufacturers also create new ways for everyday drivers to lose their rights — often without realizing it.

1

You can miss your window without knowing it. A one-year clock that starts when your warranty expires is easy to miss if you don't track the exact expiration date — especially for drivers who assumed they had years to act.

2

The notice requirement adds delay before you can even start. Thirty extra days before filing gives manufacturers more time and more leverage, while your repair records and warranty clock keep ticking.

3

Mandatory mediation can slow down a clear-cut case. A 150-day mediation window with restricted discovery can work against consumers who already have a strong, well-documented claim.

4

Most drivers don't know which rules apply to them. Whether you're on the AB 1755 track depends on whether your manufacturer opted in — information that isn't on your registration, your warranty booklet, or your dealer's website.

5

A warranty you can't actually enforce. Many EVs and plug-in hybrids sold in California carry battery warranties of up to 10 years or 150,000 miles under state emissions rules. But AB 1755's statute of limitations cuts off lemon law claims six years after delivery for opted-in manufacturers. The result: your battery can fail in year 7, 8, 9, or 10 — still covered by the manufacturer's own warranty — and you'd have no time left to bring a claim over it.

6

Selling your car could cost you your claim. Under SB 26, if you sell a vehicle with an unresolved defect, you must notify the buyer in writing about the problems and any pending action against the manufacturer — even if the buyer is the dealer who's been doing the repairs. Skip this step, and you can lose your right to seek civil penalties altogether.

7

Owe more than the car is worth? That can complicate a buyback. Manufacturers are requiring owners with negative equity (owing more on the loan than the car's buyback value) to pay the difference out of pocket before a repurchase goes through. For drivers who can't cover that gap, it can mean staying stuck with the lemon and a dangerous car staying on the road.

What You Can Do Right Now

Protect yourself while the rules shake out

Regardless of which track applies to your vehicle, these steps put you in the strongest position if your car turns out to be a lemon.

1

Check the DCA's opt-in list

The Department of Consumer Affairs publishes which manufacturers have opted into the AB 1755 procedures. Knowing your manufacturer's status tells you which deadlines apply to you.

2

Document every repair visit

Get a written repair order every time — even if the dealer says they couldn't reproduce the problem. Save dates, mileage, and tech notes. This evidence matters under both the old and new rules.

3

Know your warranty expiration date

Write it down and set a reminder well before it expires — under AB 1755, that date can start the clock on your filing deadline.

4

Notify your manufacturer in writing

Look up your manufacturer's lemon law contact information on the DCA's list of accepted manufacturers, then send a written notice — by email to that address, or by certified mail to the address in your owner's manual. Your notice must include your name, the vehicle's accurate VIN, a summary of the repair history and problems, and an explicit demand that the manufacturer repurchase or replace the vehicle. A phone call to customer service does not satisfy this requirement, even if they tell you they've opened a case. You must still own the car when you send the notice, and keep it for at least 30 days after the manufacturer receives it.

Take Action

Tell your representative what you think

AB 1755 and SB 26 are already law — but lawmakers respond to constituents, and future fixes (or further changes) are shaped by what they hear. If you think these changes make it harder for California consumers to fight back against defective vehicles, your state senator and assembly member need to hear from you.

Step 1 — Find your representatives

Enter your home address with the California Legislature's official lookup tool to find your State Senator and Assembly Member, along with their office contact information.

Opens the official California Legislature site (findyourrep.legislature.ca.gov) in a new tab. Your address is sent directly to that site — not stored here.

Step 2 — Use this message as a starting point

Copy this template, personalize it with your own experience, and send it to your representative's office by email or through their website contact form.

Subject: Concerns about AB 1755's impact on California's Lemon Law Dear [Representative's Name], I'm a constituent writing about Assembly Bill 1755 and its companion, SB 26, which rewrote the procedures for California's Lemon Law (the Song-Beverly Consumer Warranty Act). While I understand the goal of reducing drawn-out litigation, I'm concerned that the new mandatory pre-litigation notice period and the shorter one-year statute of limitations tied to warranty expiration make it harder for everyday drivers, like me, to use the protections this law was meant to provide. With more and more cars on California's roads being EVs or plug-in hybrids, I'm especially concerned about the six-year cap from delivery: it means an EV or plug-in hybrid owner can lose their lemon law protections even while their battery is still covered under California's 10-year battery warranty. I'd ask that your office: 1. Monitor how AB 1755's opt-in framework is affecting consumers in practice. 2. Support clear, public consumer education about which manufacturers are on the new track and what deadlines apply. 3. Consider future legislation to restore a fair balance between streamlining claims and protecting consumers' time to act. 4. Support stronger consumer protections overall, including extending Lemon Law coverage back to used vehicle purchases. Thank you for representing California drivers on this issue. Sincerely, [Your Name] [Your City, ZIP]
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Step 3 — Stay informed

The DCA's Arbitration Certification Program maintains the current list of manufacturers that have opted into AB 1755's procedures.