Lemon Law Attorneys Blog


Corporations Want to Make It Harder for California Consumers to Go to Court

December 21, 2021 by Karl Heil

In another ballot initiative, corporations want to make it harder for consumers to have their day in court with a cumbersome proposal to force consumers to wait before they can file a lawsuit. The ballot initiative would require consumers to send a complicated letter and wait at least 60 days before filing a lawsuit in the hope that the corporations might agree to settle the case. However, the proposal is unnecessary, because corporations are already free to settle disputes out of court, and many consumers already try to settle their claims before going to court only to have their claims denied.

Likewise, the ballot initiative contains many onerous technical requirements making it difficult for the average consumer to comply. Most consumers would need to get an attorney to make sure they fully comply. The letter also must be sent by certified mail and must contain very specific words to be effective.  If a consumer failed to dot every “i” and cross every “t,” the notice would be ineffective, and the consumer would have to start all over or have their case thrown out of court.

The initiative will create yet another delay tactic for big businesses and impose stringent notice requirements on consumers. Consumers are urged not to sign the petitions that would put this initiative on the ballot. Instead, consumers should contact their state representatives and ask them to fight this proposal that creates roadblocks for consumers. You can find the contact information for your state representative at https://findyourrep.legislature.ca.gov/.

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