What is a Civil Penalty?

What is a Civil Penalty?

A civil penalty, as its name states, is a penalty assessed to the car manufacturer in an amount of damages beyond the consumer’s “actual damages.” The purpose of the penalty is to “punish” the car manufacturer for its conduct. The penalty under the Song Beverly Consumer Warranty Act can be “up to two times the amount of actual damages.” CA Civil Code Section 1794.

The penalty can be assessed either 1) when the buyer establishes that the failure to comply was “willful” or 2) when buyer establishes a violation of the Song Beverly Consumer Warranty Act under Section 1793.2 or presumption, and the car manufacturer does not maintain a qualified third-party resolution program that substantially complies with Section 1793.22.

Not all cases automatically receive civil penalty. This is where an experienced attorney specialized in the lemon law can help you maximize your recovery!

Our team at O’Connor Law Group is here to help you through the process. Learn more by contacting our California lemon law attorneys today at (949) 390-9695 to schedule a consultation!