EVT America Delivers Slow, Inaccurate Scooter, No Lemon Law Refund

Brett wants the EVT America electric scooter he was promised. A scooter that was supposed to have a top speed of 40-45 mph, and required a motorcycle license. Unfortunately, while at top speed the speedometer reads 45 mph, he claims that reality differs.

Brett lives in upstate New York, and sent this letter to NY Attorney General Andrew Cuomo, copying Consumerist.

Dear Mr. Cuomo:

I am filing a formal complaint against EVT America for failure to respond to a glaring defect in a vehicle I purchased from them. This is despite several attempts on my part to discuss the matter directly with them, a judgment in my favor by the New York State Lemon Law process, and a demand letter from my personal lawyer.

A little over a year ago I purchased an all electric motor scooter from Miami-based EVT America via Oakland-Based dealer Electric Motosport. I purchased this vehicle because:

1. It is all electric which would allow me to save energy and be more “green.”

2. It was the only all electric motor scooter at the time that claimed to have a speed of 40-45mph. There are multiple all electric scooters that have a maximum speed of 30mph, at which and below a motorcycle license is not required.

I purchased this scooter (model Z20b) over the internet from Electric Motor Sports and had it delivered to my home in March 2008. I completed the requirements for a motorcycle license in the state of New York and hold a current, valid license.

I discovered after riding the scooter for a couple months that its top speed is actually only 32mph, while at the same time the speedometer reads 45mph. I discovered this by having a car follow me, as well as roadside speed guns which say “your speed is ___.”

After multiple attempts to get the dealer and EVT America to rectify this situation, I was told “you cannot send it back, you have already bought it.” This prompted a successful petition to the New York State Lemon Law authority in which a hearing was held and judgment in my favor rendered. I have still heard nothing from EVT America, nor received my refund.

I have no further recourse except to spend more of my own money to recapture the $2800 I spent on the vehicle. This will take a lengthy legal process as the company is based in Miami, Florida not in New York State.

Please help.

The attorneys general of New York and Florida claim that they aren’t able to help Brett collect on his judgment from EVT America, and have told him that he’s on his own, and that it’s time to hire a lawyer.

Have you had luck getting a refund from an unresponsive company, and do you have any advice for Brett?

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What Is “Lemon Law?”