Step 5

Certified Informal Dispute Settlement Program

If you have completed Steps 1 through 4, as applicable, and your vehicle’s defect continues to exist, you will need to apply for arbitration through the manufacturer’s certified informal dispute settlement program. Arbitration is a process whereby the parties to the dispute present their complaints and arguments before an impartial decision-maker or board.

The State of Georgia has certified the Better Business Bureau AUTO LINE as the informal dispute settlement program for the following manufacturers:

Volkswagen of America
Volkswagen of America, Audi Division
General Motors Corporation
Saturn Corporation
American Isuzu Motors, Inc.
Hyundai Motors America
Kia Motors America

If your vehicle was manufactured by one of the listed makers, you must apply to the BBB AUTO LINE before you may apply for a state-operated arbitration hearing. The address and phone number are:

BBB AUTO LINE
Council of Better Business Bureaus
4200 Wilson Boulevard, Suite 800
Arlington, Virginia 22203
800-955-5100

The BBB AUTO LINE will inform you of the application process. Please be aware of the impact of any documents you sign at this stage of the process, as they may affect or limit your other legal rights.

This certified informal dispute settlement program will schedule a hearing for you in Georgia. Generally, your dispute will be decided within 40 days. The program has the authority to award you a repurchase or replacement of your vehicle, or to determine that it does not have a defect and thus award no relief. The BBB AUTO LINE can also award other remedies, such as affording the manufacturer another opportunity to repair the problem or requiring the manufacturer to give an extended warranty.

A letter stating the decision is usually sent within seven to ten days after the hearing. You may either accept or reject the decision. Although you as a consumer are not bound by the decision and are free to reject it, the manufacturer is bound by the decision.

If you do not notify the certified informal dispute settlement program of your acceptance or rejection by the program deadline, usually within 14 days of the date you received the decision letter, you are deemed to have rejected the decision. You may be permitted to fax your letter of acceptance or rejection but should follow it up with a certified letter, return receipt requested, sent to the address given in the decision letter.

IMPORTANT

Prior to proceeding through the certified program, you must make a decision to pursue your rights under the Lemon Law instead of Georgia's Uniform Commercial Code (UCC). This means you will have waived, or given up, your rights to bring a court action under O.C.G.A. Sections 11-2-602 through 11-2-609. If you have any questions about this, you might want to consult a private attorney.

What to Do Next

If the decision is acceptable to you and the manufacturer complies with it, the Lemon Law process has worked for you and you do not need to proceed beyond this step.

If you reject the decision and would like to pursue the dispute further through state-operated arbitration, the law requires you to submit a completed application form to the Governor's Office of Consumer Affairs within 60 calendar days of the date of your rejection. For more information, please advance to Step 6.

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