How Lemon Law Applies to Vehicles with Software or Infotainment System Failures

It’s easy to assume that a lemon law claim might involve a big problem with the vehicle’s engine or brakes. Or perhaps the steering or electrical system is malfunctioning. With modern vehicles, software and infotainment system problems are increasingly cropping up as culprits in lemon law claims. Why might that be the case?

“Infotainment” is a word that can be misleading; it refers to a host of components that help the driver stay informed and control the vehicle. Should this dashboard touchscreen become unreliable, functions that the driver depends on may not work. We used to drive without all these modern vehicle capabilities, but people have come to rely on them, and they are, on today’s crowded roads, important to maintain occupant safety.

Software glitches, infotainment malfunctions, and connectivity issues are now common complaints. With infotainment systems in the mainstream in modern cars, consumers have a greater chance to own a vehicle that could exhibit a serious technology malfunction. How these defects are treated by state lemon laws, and how lemon law attorneys can protect their clients’ rights, are questions more people are asking today.

These key lemon law points apply to mechanical and software defects: to make a lemon law claim, the vehicle must have a substantial defect that persists and cannot be repaired after the state’s defined “reasonable number” of allowed repair attempts. The defect must severely impact the vehicle’s use, value or safety.

With these points in mind, we’ll look at some common technology-related failures and see if, and how, they could be covered under lemon laws.

What Constitutes a Software or Infotainment Failure?

While GPS faults that cause incorrect navigation directions can be an annoyance, safety hazards related to software issues top the list of potential problems. If you’re wondering about safety and some of the software defects that can crop up, they may occur with driver assist features. If these become unreliable or stop working randomly, drivers won’t be prepared and this could lead to an accident. Braking and steering software problems can occur with no warning. For example, if the software on an ABS should malfunction, the brakes could lock up, allowing the car to skid. It could get even worse, as a faulty ABS could cause stability and traction control to also fail, creating a major safety risk.

Problems with rearview camera glitches or shutdowns can also pose significant safety hazards. These rank highly as common malfunctions that modern systems develop, causing random and dangerous situations.

There are also software problems that cause battery drain, and others that can cause power loss, and stalling. Each of these can be classed as a substantial defect, depending on the individual case and if the vehicle’s use, value, or safety are severely impacted.

Legal Framework of Lemon Law for Software Issues

So now that we know a few of the problems that software and infotainment systems can exhibit, we’ll see how state lemon laws approach these issues.

Important point: No state has said outright that its lemon laws won’t cover software or infotainment system defects. These types of problems, while they introduce variables and nuances that are different from what we have seen with earlier vehicle models, are, for the most part, treated in the same way as mechanical problems. If the defect is substantial and severely impacts the vehicle’s use, value, or safety, and it persists (can’t be fixed under the state’s required number of repair attempts), it is likely the car can be classed as a lemon.

Proving Technology Failures as Substantial Defects

Establishing a pattern of failure; that is the focus of the lemon law attorney when trying to prove software and infotainment system defects.These are often harder to see or trace, as they can be difficult to reproduce. It will be essential for the vehicle owner to document everything. It’s important for the owner to keep descriptions of exactly what happened and when. They need to include photos, video, and correspondence with the dealer and manufacturer. The attorney will build a timeline of events to prove that the problem is a substantial defect that severely affects the use, value, or safety of the vehicle.

There are times when manufacturers send out Technical Service Bulletins (TSBs). These are communications to dealers on how to address known problems. If a lemon law attorney finds a TSB relating to the particular software issue their client’s vehicle is exhibiting, that can serve as evidence in a lemon law case if the issue persists after repair attempts.

Over-the-Air Updates and Lemon Law Implications

The advent of over-the-air (OTA) software updates is one way manufacturers can deliver fixes to vehicles, to potentially repair issues remotely. You would think this would be a good thing, but sometimes they cause even more problems. If an update temporarily resolves a problem, only for it to reoccur, consumers may need to restart the repair attempt process.

Courts across the country are still wrestling with how OTA updates fit into lemon laws, as traditional laws were written to address physical repairs. What we know now is that if the OTA fails, it can potentially be counted as a repair attempt. Should the OTA introduce new problems, or if it gets sent out multiple times and doesn’t work, then the consumer can potentially pursue a lemon law claim. A lemon law attorney can weigh all of these factors to determine how the OTA contributes to the claim.

Why You Need a Lemon Law Attorney

With the advancement of technology come changes in lemon laws and complications in proving lemon law claims. One thing that does not change is the benefit you receive by hiring a skilled lemon law attorney to protect your rights. With so much at stake, and the potential for a claim to get challenged due to a software glitch’s random occurrences, it’s more important than ever to rely on a lemon law attorney’s expertise.

The examples we’ve reviewed here are but a sampling of the complexities that new vehicle tech introduces into lemon law claims. It’s certain that some manufacturers, who use avoidance or dismissive strategies for mechanical defect claims, have likely already used these same actions for software-related problems. A skilled and experienced lemon law attorney gives you the best opportunity to gain compensation for your defective vehicle.

Allen Stewart, P.C.: Top Representation in All Types of Lemon Law Cases

Allen Stewart, P.C. provides the experienced representation you need, especially in today’s more complex lemon law cases. We represent clients in every type of claim, and offer the aggressive and skilled approach you need to win maximum compensation. Our attorneys have won cases for clients across the country, and are well-known lemon law lawyers in Texas, California and New York.

Are you concerned that a lemon law attorney is unaffordable? Our free consultation allows you to present your claim to our lawyers. Plus, state and federal law obligate the manufacturer to pay your legal fees. You can pursue your claim, should your vehicle qualify as a lemon, and not pay anything out of pocket.

Don’t delay – time is of the essence with lemon law claims. Call Allen Stewart, P.C. at 866-440-2460 to schedule your free case review, or contact us online.