Does an OTA Update Count as a Repair Attempt Under the California Lemon Law?

Software updates that arrive wirelessly have become a standard part of owning a vehicle. But when a manufacturer pushes an over-the-air update to address a problem you’ve been reporting, it can be unclear whether that even counts as a repair attempt under California’s Lemon Law. Here’s what you need to know. 

Key Takeaways: 

• An OTA update can potentially count as a repair attempt under California’s Lemon Law, but whether it does depends on how well it’s documented and whether it actually resolved the reported defect.
• Software defects are covered under California’s Lemon Law the same way mechanical ones are, as long as the issue substantially affects the vehicle’s use, value, or safety.
• The most important thing owners can do when facing a software issue is report it every time it occurs and make sure those complaints are recorded in dealership repair orders.

What Is an OTA Update?

An OTA update is a software update sent directly to your vehicle through an internet connection. It’s similar to the updates your phone receives. Manufacturers typically use them to address software-related problems or simply refine how certain features function.

Unlike a traditional repair, an OTA update is usually installed remotely, which means there may not even be a technician inspection, physical repair work, or documentation generated showing what was done and when.

Does an OTA Update Count as a Repair Attempt Under the California Lemon Law?

The shortest answer is potentially, yes. However, the more important questions tend to be whether the manufacturer had an opportunity to address the reported defect and whether that effort can be documented. 

The California Lemon Law is built around the idea that manufacturers should be given a reasonable opportunity to repair warranty-covered defects before a vehicle is considered a lemon. Traditionally, those repair attempts are easy to track because they take place at a dealership where a repair order is created, and the manufacturer’s response becomes part of the vehicle’s service history. 

OTA updates make that process a little less straightforward because while they may show that the manufacturer recognized a reported problem and attempted to fix it, they don’t always leave behind the same clear paper trail as a dealership visit. 

California courts have also recognized that a repair attempt doesn’t necessarily fail simply because a technician can’t reproduce the issue. For example, in Donlen vs. Ford Motor Co., the court acknowledged that a properly documented complaint may still qualify as a repair attempt even when the problem can’t be duplicated during the visit. 

Are Software Issues In General Covered?

Yes, California’s Lemon Law isn’t limited to just mechanical problems; a software issue can affect a vehicle’s use, value, or safety just as much as a traditional mechanical defect. Common examples include, but aren’t limited to:

• Touchscreen systems that repeatedly freeze.
• Navigation systems that stop working during use.
• Vehicles losing connectivity without explanation. 
• Charging systems failing to work. 
• Driver-assistance features behaving unpredictably. 

In some cases, consumers may receive multiple software updates that fail to permanently correct the problem. Others involve intermittent issues that disappear during service appointments only to return once the vehicle is back on the road.

What Counts As a Reasonable Number of Repair Attempts?

There isn’t a single number that applies in every case; however, four repair attempts for the same problem is sometimes viewed as a reasonable benchmark in California Lemon Law cases. That said, every situation is different, so serious safety issues may require fewer repair attempts, while other issues might involve a longer repair history. The amount of time the vehicle spends out of service can also be relevant. 

At the end of the day, the question is whether the manufacturer was given a fair opportunity to fix the problem and whether the defect continues despite those efforts. 

Are Used Cars Covered for Software Problems?

Generally, no. Most used vehicles are no longer covered under the California Lemon Law. 

The biggest exception, however, involves certain Certified Pre-Owned (CPO) vehicles. If you purchased a model year 2021 or newer vehicle through a manufacturer’s CPO program and it came with a new manufacturer-backed warranty, Lemon Law protections may still apply.

What Should Owners Do When Facing Software Issues?

The most important thing owners can do is create a clear record of what has happened. Consumers should report software problems every time they occur and make sure those concerns are recorded in dealership repair orders. Even if the issue cannot be reproduced during the visit, the complaint itself should still be documented.

If an OTA update is installed, keep records showing when the update occurred and whether the problem improved afterward. If the issue returns, it should be reported again so the repair history accurately reflects the ongoing nature of the defect.

What Remedies Are Typically Available Under the California Lemon Law?

If a vehicle qualifies as a lemon, the manufacturer may be required to repurchase the vehicle or provide a replacement.

A buyback typically includes compensation for the purchase price and certain related costs, subject to the deductions permitted by California law. Alternatively, the manufacturer may provide a comparable replacement vehicle covered by an appropriate warranty.

Wondering If You Have a Case? We’re Here to Answer Your Questions!

Norman Taylor & Associates can review your repair history and help determine whether your situation may qualify under the California Lemon Law. If you believe your 2021 or newer vehicle may be a lemon, contact our firm or call 818-244-3905 or 888-817-8822 today to discuss your options.