Gini Nelson’s Engaging Conflicts

This is part of on ongoing series reviewing Robert Cialdini’s new book, Yes! 50 Scientifically Proven Ways to be Persuasive. I write more about the series on the page called “Ways to Be Persuasive”. The book lists 50 strategies, and I will be reviewing each.

Way to Be Persuasive #37.
How can the simplicity of a name make it appear more valuable?

This is part of on ongoing series reviewing Robert Cialdini’s new book, Yes! 50 Scientifically Proven Ways to be Persuasive. I write more about the series on the page called “Ways to Be Persuasive”. The book lists 50 strategies, and I will be reviewing each.

Way to Be Persuasive #36.
When might asking for all the reasons be a mistake?

This is the last of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon.

If you have a defective vehicle and have taken it in for repair on several occasions, it’s time to ratchet the conflict up a notch and go directly to the manufacturer. In fact, many state lemon laws require that you send the automaker what’s called a “demand letter,” and give them one last opportunity to repair the vehicle.

Before sending your demand letter, it’s important to know what your state requires. In many states, the Attorney General has a sample lemon law demand letter that you can use. LemonJustice.com also has sample demand letters.

Essentially, the demand letter states that you are exercising your right under your state’s lemon law, and are requesting either a vehicle buyback or a refund (your choice). Typically, you need to outline the problems the vehicle is having, where you purchased the vehicle, and where and when you’ve taken it in for repair. Most states require that you send the letter via Certified Mail. It’s very important to follow the letter of the law; it you don’t, it could undermine your position if you need to take the automaker to court.

There’s no doubt that exercising your lemon law rights is an exercise in conflict engagement. However, it’s a challenge that you can meet head-on and one that you can ultimately win.

For previous posts in the series: Part 1, Part 2, Part 3, Part 4

This is part of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon.

There are few things more frustrating than realizing that you have a defective vehicle. After all, a new car is supposed to run like a charm, right? If your new car has problems, though, the chances are good that you’ll have more than one opportunity to hone your conflict engagement skills.

Your first engagements will probably be at the dealership. You’ll take your vehicle in for repair, and the service department will have the opportunity to fix the problem. You don’t need to be antagonistic, but you do have to stand firm in your position that a problem exists and that it needs to be repaired. It’s helpful if you have a logbook of sorts where you’ve jotted down the dates and times that the problems have surfaced, and your best description of what happens when it does.

If your vehicle isn’t repaired after the first attempt, you have to be persistent. Make sure that your reported problem is written on the work order, and insist upon receiving a copy both before and after the repair attempt. With repeated repair attempts, the conflict between you and the dealer will likely escalate. It doesn’t have to get nasty, but you also can’t back down. Standing up for yourself is empowering – and it’s the right thing to do.

Lemon laws vary greatly from state to state, so it’s important to know how many repair attempts are required in your state in order for your vehicle to be considered a lemon. It’s a good idea to contact a lemon law attorney after the second to last repair attempt. He or she can guide you through the process of establishing your vehicle as a lemon in the eyes of the law.

For previous posts in the series: Part 1, Part 2, Part 3

This is part of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon.

When you engage in conflict with a car manufacturer over a defective vehicle, it feels a bit like David vs. Goliath. There are many avenues you can take – from going to arbitration to suing manufacturers in court – but my experience is that arbitration and court aren’t necessarily the only – or best – options. In fact, most lemon law cases settle through negotiation or mediation. When a vehicle has a serious defect and the manufacturer refuses to do a buyback or replacement, it sometimes only takes the threat of a lawsuit for the manufacturer to do the right thing. Mostly, this is because losing in court usually means that the manufacturer could face the prospect of paying punitive damages or a doubling or tripling of the consumer’s attorney fees. A reasonable settlement is a winning proposition for both sides – the manufacturer doesn’t have to go through a lengthy court battle that it would most likely lose, and the consumer can get relief without dragging out the process.

Negotiation and settlement is also an option for consumers whose vehicles don’t meet the stringent definition of a “lemon” under state law. We’ve often had clients who were able to get nice settlements for the hassle of having to repeatedly take their vehicles in for repair.

The bottom line is that negotiation and settlement are always sound (and often the best) options in lemon law cases. But it’s important to have the law on your side should a lawsuit become necessary.

For previous posts in the series: Part 1, Part 2

This is part of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon.

The first U.S. lemon law was enacted in Connecticut over a quarter of a century ago, essentially providing a framework for consumers to constructively engage in conflict with automakers. Since that time, every state in the Union has adopted its own lemon law. While some state lemon laws allow consumers to take manufacturers directly to court, others mandate that consumers participate in a manufacturer- or state-sponsored arbitration program.

Generally speaking, consumers are led to believe that they can go through arbitration without the help of an attorney. While you don’t need an attorney to participate in the arbitration process, you can bet that manufacturers have teams of attorneys that do nothing but fight lemon law claims. Time and again, I’ve seen cases where the manufacturer makes the consumer jump through hoops, or runs out the clock on a lemon law claim. The truth is that consumers who have attorneys are more likely to get relief in a lemon law claim, both because the lawyer is experienced in lemon law and because it sends a signal to the manufacturer that the consumer is serious and won’t simply go away.
The bottom line? When you engage in conflict with big corporations, it’s important that the playing field is level.

For previous posts in the series: Part 1

This is part of a series entitled “Lemon Law: 5 Things You Should Know.” It is written by Sergei Lemberg, who is an attorney who specializes in lemon law. His site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon.

With the federal government bailing out Wall Street, it’s natural for people to be frustrated and angry about the impact that this “rescue package” will – or will not – have on the financial struggles they’re facing. What many people don’t realize is that there are existing laws can help ease their economic burden.

For example, if you bought a car in the past year or two, it may be tough to find the money to make payments. If that car turns out to be defective, you’re faced with a double whammy – car payments and repair bills. Thankfully, every state in the U.S. has what’s called a “lemon law,” designed to protect consumers who have unknowingly purchased defective vehicles. But pursuing your lemon rights does mean actively engaging in conflict.

Although every state law is different, common themes run through them. New cars are always covered (though the definition of “new” varies), and motorcycles, RVs, and used cars are sometimes covered. There’s also a timeframe involved (for example, the defects have to occur within the first two years or 24,000 miles), and a required number of repair attempts (three times for the same problem, for example).

If you think that your vehicle may qualify as a lemon under your state’s law, it’s important to know your rights and meet conflict head on. When you do, you could qualify for a refund, a replacement vehicle, or a financial settlement. Consulting a lemon law attorney shouldn’t cost you a penny, since most states require that the automaker pay for consumers’ legal costs.

This is a link to a series on what will be a new theme here at Engaging Conflicts — Financial Distress. I’m doing this particular set over at my Bankruptcy Law Blog, reviewing Ramit Sethi’s tips for saving money. Sethi discusses the various ways we can keep money in our pockets at his blog IWillTeachYouToBeRich.com. Financial distress is the theme of these times and will engender much conflict in ways we must start examining. At least, I must. This is, in part, an experiment as I do not necessarily have clear links to make between Engaging Conflicts and financial distress issues, but we will see where this leads. Please see more about this theme on the new page “Financial Distress”.

Tip #30: How I’m saving $20,000+ in 2009

As his bio states:

Cory Doctorow is a science fiction author and technology activist. He won the John W. Campbell Award for best new writer in 2000. HeElectronic Frontier Foundation.

I came across his article Digital Rights Management at ChangeThis recently. As he says in his introduction:

I’m here today to talk to you about copyright, technology and DRM, I work for the Electronic Frontier Foundation on copyright stuff (mostly), and I live in London. I’m not a lawyer—I’m a kind of mouthpiece/activist type, though occasionally they shave me and stuff me into my Bar Mitzvah suit and send me to a standards body or the UN to stir up trouble. I spend about three weeks a month on the road doing completely weird stuff like going to Microsoft to talk about DRM. I lead a double life: I’m also a science fiction writer. That means I’ve got a dog in this fight, because I’ve been dreaming of making my living from writing since I was 12 years old. Admittedly, my IP-based biz isn’t as big as yours, but I guarantee you that it’s every bit as important to me as yours is to you.

You can find the article at ChangeThis or download it by clicking here:Digital Rights Management

This is a link to a series on what will be a new theme here at Engaging Conflicts — Financial Distress. I’m doing this particular set over at my Bankruptcy Law Blog, reviewing Ramit Sethi’s tips for saving money. Sethi discusses the various ways we can keep money in our pockets at his blog IWillTeachYouToBeRich.com. Financial distress is the theme of these times and will engender much conflict in ways we must start examining. At least, I must. This is, in part, an experiment as I do not necessarily have clear links to make between Engaging Conflicts and financial distress issues, but we will see where this leads. Please see more about this theme on the new page “Financial Distress”.

Tip #29: Stop being a loser and pay money to save money