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07-1832 Tammi v. Porsche Cars North America, Inc.

By: dmc-admin//July 14, 2008//

07-1832 Tammi v. Porsche Cars North America, Inc.

By: dmc-admin//July 14, 2008//

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Consumer Protection
Lemon law; damages

We respectfully certify the following questions to the Wisconsin Supreme Court on the issue of pecuniary loss under Wisconsin Statute Section 218.0171:
1. When a consumer defined in Wisconsin Statute Section 218.0171(1)(b)4 brings an action pursuant to subsection (7), if that consumer, after making his Lemon Law demand, then exercises an option to purchase and buys the vehicle as provided in the lease, is the consumer then entitled to recover the amount of the purchase price?
2. If the consumer defined in Wisconsin Statute Section 218.0171(1)(b)(4) is entitled to recover the vehicle purchase price when he exercises the purchase option provided in the lease, does the purchase amount qualify as pecuniary loss subject to the doubling provision in subsection (7)?
3. If the answers to questions 1 and 2 are in the affirmative, is the consumer permitted to keep the purchased vehicle in addition to the receipt of the damage award or must the vehicle be returned to the manufacturer?
4. Is a damage award under subsection (7) subject to a reduction for reasonable use of the vehicle?
Questions Certified.

07-1832 Tammi v. Porsche Cars North America, Inc.

Appeal from the United States District Court for the Eastern District of Wisconsin, Clevert, J., Manion, J.

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