The procedural rules for a California lemon law claim no longer work the same way for every consumer. Since April 2025, whether you must send a formal written demand, wait for mandatory mediation, or file within a different deadline depends entirely on a decision your manufacturer made. It’s an opt-in election most vehicle owners have never heard of. If you’re trying to figure out which track applies to your situation, a list published six months ago may already be wrong.
We’ve represented both consumers and manufacturers in California lemon law disputes, which means we understand how the opt-in decision shapes settlement dynamics from both sides of the table. We also work on contingency, so confirming your manufacturer’s current status and understanding what it means for your claim costs you nothing upfront.
What AB 1755’s Opt-In Framework Actually Means
AB 1755 is the label most consumers see, but the operative law is SB 26, signed on April 2, 2025, which added California Code of Civil Procedure sections 871.20 through 871.30 to the existing lemon law framework. Those sections created an entirely new procedural track that manufacturers may voluntarily enter. A manufacturer’s opt-in election is irrevocable for five calendar years, after which the manufacturer can choose whether to elect again. On the coverage side, an election applies to new vehicles sold in 2025 and the previous five years, per California Department of Consumer Affairs guidance. That scope matters: if your vehicle was sold outside that window, your claim may proceed differently even if the manufacturer has formally opted in.
How to Check Whether Your Manufacturer Has Opted In
The Arbitration Certification Program (ACP), a division within the California Department of Consumer Affairs (DCA), is required by SB 26 to publish the current opt-in roster by December 15 each year. The ACP manufacturer page on the DCA’s website is the only reliable source. No third-party list, including anything published on a law firm’s blog, is a substitute. Because a manufacturer that misses one opt-in window can still elect the following year, status genuinely changes from one publication cycle to the next. Any information older than the most recent December 15 publication should be re-verified directly at that page before you rely on it for a procedural decision.
Here’s what to look for when you check:
- Your manufacturer’s full legal name on the current published list, not a trade name or brand name that may differ
- The publication date of the list you’re reading to confirm it reflects the most recent December 15 cycle
- The vehicle type covered by the election, since some manufacturers may have elected for certain product lines only
What Changes If Your Manufacturer Opted In
The opted-in track introduces procedural requirements that don’t exist under the older Song-Beverly Consumer Warranty Act process. Missing a step can affect your timeline and, in some cases, your remedies.
Response & Resolution Windows
Once you submit a written demand, an opted-in manufacturer must offer restitution or replacement within 30 days of receiving your notice and complete that restitution or replacement within 60 days. If the manufacturer misses those windows, you have the right to sell the vehicle and still pursue a lawsuit.
Filing Deadline
On the opted-in track, you have one year after the express warranty expires to file, with a hard cap of six years from the original delivery date. That timeline differs from the standard Song-Beverly framework, and the gap between the two can matter depending on when your warranty period ended.
Mandatory Mediation
For opted-in manufacturers, mandatory mediation is required within 150 days of the manufacturer’s answer to your complaint. That step doesn’t exist on the standard track.
Attorney’s Fees Disputes
Pre-litigation disputes over attorney’s fees and costs are resolved through neutral, binding arbitration under the new framework rather than through the court.
If Your Manufacturer Hasn’t Opted In
Manufacturers that haven’t elected into the new procedures remain on the existing Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act framework. There’s no mandatory pre-suit notice requirement and no mandatory mediation step before you can file suit. Claims proceed through standard civil litigation with full discovery available to both sides.
What doesn’t change based on opt-in status is what you can recover. On both tracks, a qualifying vehicle entitles you to a refund or replacement, manufacturers who willfully fail to comply face civil penalties of up to two times the amount of actual damages, and the law requires the manufacturer to pay your attorney’s fees and costs if you prevail, which is why we can take these cases on contingency.
One additional layer applies to used-vehicle buyers. The Rodriguez v. FCA US LLC decision, which significantly narrowed Song-Beverly protections for used vehicles sold with a manufacturer’s warranty, interacts with a manufacturer’s opt-in status in ways that aren’t always obvious. Whether a used-vehicle claim lands on the opted-in track or the standard Song-Beverly track depends on how the manufacturer’s election was structured and when your vehicle was originally sold. If you purchased used, confirm that question before taking any procedural steps.
Your Right to a Refund or Replacement Exists Either Way
Knowing your manufacturer’s opt-in status is the first step, not the last one. The underlying right to a refund or replacement applies regardless of which procedural track governs your claim. What changes is the sequence of steps, the deadlines, and the leverage points available at each stage. Identifying the right track early keeps those leverage points intact.
O’Connor Law Group, P.C. can confirm your manufacturer’s current status, identify the applicable procedural track, and walk through your options at no upfront cost. If you have questions about your vehicle, reach out at (949) 390-9695.