California Lemon Law reform AB 1755 didn’t eliminate your rights. It made them harder to enforce by shortening deadlines, adding a mandatory pre-suit notice requirement, and creating a two-tier system that varies by manufacturer. Whether the new or old rules apply to your case depends on whether your manufacturer opted in under SB 26.
If you bought a car in California after January 1, 2025, the rules for holding a manufacturer accountable have changed, and not entirely in your favor. AB 1755 was sold as a fix for an overloaded court system, but consumer advocates say it created new obstacles that make it harder for ordinary drivers to enforce their rights.
You did everything right. You documented the repairs, you went back to the dealership, and you’re still stuck with a car that doesn’t work. The last thing you need is a law that makes it harder to fight back.
At Cha Cha Cha Law, we’re tracking exactly how these changes affect California drivers and what you can still do to protect your claim under the Song-Beverly Consumer Warranty Act.
What Is AB 1755 and Why Was It Passed?
Between 2022 and 2023, Lemon Law filings in California nearly doubled, from roughly 14,900 cases to over 22,600. That’s nearly 10% of all Los Angeles County’s civil filings for that year. Courts were buckling.
AB 1755 was designed to make resolutions faster, reduce duplicative litigation, and speed up document exchange between involved parties. On paper, those sound like consumer wins. In practice, it added procedural hurdles that benefit manufacturers more than drivers.
Notably, the bill was co-sponsored by the Consumer Attorneys of California and General Motors, which is an unusual pairing that raised eyebrows and drew opposition from both consumer advocacy groups and some manufacturers, including Toyota and Volkswagen.
What Actually Changed Under AB 1755
Shorter Deadlines to File a Claim
Before AB 1755, California consumers could generally file a lemon law claim within four years of discovering the defect. Under AB 1755, consumers generally must file:
- Within one year after the warranty expires, and
- No later than six years from the vehicle’s original delivery date
- Whichever occurs first may control
These revised deadlines have raised concerns for consumers with longer-term warranties, including certain electric vehicle battery warranties and emissions warranties that may extend beyond six years.
Because filing deadlines can significantly impact a claim, consumers should pay close attention to warranty expiration dates and repair history documentation. The concern here is that if you have a 10-year emissions warranty or an 8-to-10-year EV battery warranty, AB 1755 effectively cuts off your ability to enforce it after six years. That’s a pretty significant loss of protection for EV owners in particular.
A Mandatory Pre-Suit Notice Requirement
Starting July 1, 2025, before you can seek civil penalties, you must send the manufacturer a formal written notice, including your VIN, a description of the defect, your repair history, and a demand for a remedy, and wait 30 days for a response. You also cannot sell or trade in the vehicle during that window.
Skip this step or get the notice wrong, and you could lose your right to civil penalties entirely. Courts are strictly enforcing this.
A Two-Tier System Depending On Your Manufacturer
This is where it gets confusing. AB 1755 doesn’t automatically apply to every vehicle. Under the follow-up bill SB 26, signed April 2, 2025, manufacturers were given the choice to opt into the new framework. If your manufacturer opted in, the AB 1755 rules apply. If they didn’t, the older pre-2025 Song-Beverly rules still govern your case.
The result is a two-lane system where the process you follow depends on a decision your manufacturer made. A decision most consumers have no idea about.
Negative Equity Deductions
Under the old rules, negative equity (the portion you owe on a prior car loan rolled into a new purchase) was considered part of the amount paid and had to be included in any buyback calculation.
AB 1755 changed this, allowing manufacturers to deduct negative equity from the restitution amount. For consumers who rolled over a loan balance, this could mean walking away with significantly less than they expected.
Mandatory Mediation
For manufacturers who opted in, both sides must attend mediation within 150 days of the manufacturer filing an answer in court. Supporters say this speeds up resolution, but Lemon Law critics and attorneys have pointed out that manufacturers now get to control the timeline, as mediation can drag and consumers begin to feel pressured to settle for less while still stuck with a defective vehicle.
What Hasn’t Changed
To be clear, AB 1755 did not gut the Song-Beverly Act. The substantive consumer protections that have made California’s lemon law the strongest in the country are still intact. You still have the right to:
- A buyback or replacement
- The four-repair-attempt threshold under the Tanner Act
- Civil penalty of up to two times actual damages for willful violations
What changed is the procedure for asserting those rights, and that procedural complexity is exactly what consumer advocates are worried about. Anyone who doesn’t stay on top of the paperwork, timelines, and manufacturer-specific rules risks losing rights they would otherwise have.
What This Means for You Right Now
If your vehicle has a recurring defect, the most important thing you can do is act early and document everything. Specifically:
- Know your warranty expiration date, as your filing window now runs from that date, not from when you discovered the defect
- Check whether your manufacturer has opted into AB 1755 with the California Department of Consumer Affairs to verify which set of rules applies to your case
- Send the required pre-suit notice correctly, ensuring the correct formatting, recipient, and content
- Do not sell or trade in the vehicle after sending notice, as the manufacturer has 30 days to respond and up to 60 days to complete the buyback or replacement
Talk to Alex Cha, Our Founding Lemon Law Attorney at Cha Cha Cha Law
AB 1755 didn’t take away your rights; it just made them harder to enforce on your own. The deadlines are stricter, the paperwork is more precise, and one missed step can cost you thousands. Manufacturers know this, and they’re counting on you not to.
Alex Cha doesn’t let that fly. Our team keeps up with every shift in California Lemon Law, so our clients don’t have to, and we come in ready to hold manufacturers accountable from day one. If your vehicle has a recurring defect, call (213) 351-3513 or send us a message today.
Frequently Asked Questions About the Lemon Law Reform Backlash Over AB 1755
1. Does AB 1755 apply to my vehicle?
It depends on whether your manufacturer opted into the new framework under SB 26. If they did, the AB 1755 rules govern your case. If not, the pre-2025 Song-Beverly procedures still apply. The California Department of Consumer Affairs publishes the list of opted-in manufacturers. Not sure which applies to you? We can help.
2. Did AB 1755 remove my right to a buyback or replacement?
No. Your right to a buyback or replacement under the Song-Beverly Consumer Warranty Act is still intact. What changed is the process for asserting that right. The deadlines are shorter, there are more procedural steps, and the consequences of getting it wrong are more severe.
3. What is the new filing deadline under AB 1755?
For manufacturers participating in the AB 1755 framework, claims generally must be filed within one year after the applicable express warranty expires and no later than six years from the vehicle’s original delivery date. Because deadlines may depend on the facts of the case and the applicable warranty, consumers should avoid waiting too long to evaluate their options.
4. What happens if I skip the pre-suit notice requirement?
If you file a lawsuit without first sending the required written notice and waiting 30 days, you lose your right to civil penalties, which can be up to two times your actual damages. Courts are enforcing this strictly. Our attorneys can help you get the notice right the first time.
5. How does the negative equity change affect my buyback?
Under AB 1755, manufacturers can now deduct negative equity, the portion of a prior loan rolled into your purchase, from the restitution amount. This was not permitted under the old rules. If you rolled over a loan balance, your buyback amount could be lower than expected. Contact us to understand what your case is actually worth.
6. What if my manufacturer didn’t opt into AB 1755?
Your case runs under the older pre-2025 Song-Beverly rules, which means no mandatory pre-suit notice requirement and a longer filing window. In some ways, this is more favorable for consumers. Learn more about how we handle Lemon Law claims under both frameworks.
7. Are used vehicles still covered under California Lemon Law?
Generally, only certified pre-owned vehicles sold by a same-brand dealer with a new manufacturer warranty at the time of sale are clearly covered. Here’s a full breakdown of 2025 California Lemon Law changes for used vehicles.
8. Should I hire a lawyer to navigate AB 1755?
Given the stricter deadlines, mandatory notice requirements, and two-tier manufacturer system, having an experienced attorney is more important now than it was before. Missing a single step can cost you thousands. Learn more about our team or get in touch for a consultation.