Program Purpose
The California Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act establish procedures to provide remedies to purchasers of certain motor vehicles (a “Purchaser”) when the manufacturer or other warranter of that vehicle (a “Manufacturer”) (the Purchaser and Manufacturer are each a “Party”) is unable to service or repair that vehicle to conform to applicable express warranties. Available remedies may include civil penalties, when allowed. A Manufacturer, however, may avoid a claim for civil penalties by making and completing an offer of restitution or replacement of the motor vehicle, plus reasonable attorneys’ fees and costs. California Code of Civil Procedure § 871.24(f) provides, in part, “A prelitigation dispute as to attorney’s fees and costs shall be resolved by neutral, binding arbitration.” The National Center for Dispute Settlement, LLC (“NCDS”) has adopted Attorney’s Fee Arbitration Rules (“the Rules”), pursuant to the Federal Arbitration Act and California Arbitration Act (whichever applies more broadly), to govern the arbitration of such disputes.