Illinois Lemon Law Claims – The Magnuson-Moss Warranty Act

In case your Illinois lemon law claim is not honored by the state lemon law, you may seek the same protection under a federal law, the Magnuson Moss Warranty Act. The Magnuson Moss Warranty Act was created by Congress to provide protection to consumers when a manufacturer, dealer or service provider fails to honor the terms of a warranty. The Magnuson-Moss Act is a Federal Trade Commission Act that is intended to increase the enforceability of warranties and protect consumers. The Magnuson-Moss Warranty Act was designed to protect consumers from deceptive warranty practices. The Magnuson-Moss Warranty Act extends the Illinois new and lemon used car consumers’ protection and resolves warranty complaints.

Implied Warranty of Fitness of an Illinois new or used car’s specific use it is put to

There is an implied warranty if an Illinois new or used car:

Seller is aware of the specific use an Illinois new or used car is put to, during its sale
Buyer has relied on the Illinois new or used car seller’s skill or judgment to select it

Whether or not an Illinois new or used car is sold for a ‘specific purpose/use’ is based on the Illinois new or used car buyer’s ability to put it to a specific use as required by his business, distinct from ordinary or general use.
Exclusion or modification of Illinois new or used car Warranties

If a word or conduct that tends to void or limit an express warranty for an Illinois new or used car is not in consistence with the words or conduct of an express warranty, it becomes inoperative

All implied warranties for the Illinois used cars are excluded by expressions like “as is,” or “with all faults”
An “as is” warranty disclaimer for an Illinois used car does not shield the seller from non-UCC fraud claims
No implied warranty applies to those defects which the Illinois new or used car buyer has examined thoroughly or has refused to examine

An implied warranty for an Illinois new or used car can also be excluded or modified by the way it is dealt with or put to use

In the absence of any of the last three conditions mentioned above:

The warranty of Merchantability can only be excluded or modified if the language mentions merchantability or is conspicuously written

Fitness can only be excluded or modified if it is conspicuously written
The language need not mention fitness

It is sufficient to state if there are no warranties which extend beyond the description

The provisions as given in the Magnuson-Moss Warranty Act for enforcement of rights and remedies are read by the Illinois lemon law attorneys in conjunction with those rights, remedies and defenses given in the Uniform Commercial Code. An Illinois lemon law attorney also takes into consideration, lemon laws and other state laws used to create special rights and remedies for the Illinois new and lemon used car consumers. The Magnuson Moss Warranty Act even applies if the defect Illinois lemon used car is eventually repaired but took a very long time to do so.

An Interview with Robert Moore – Facing the Dragon

Facing The Dragon – Confronting Personal and Spiritual Grandiosity”, published by Chiron Publications was published in 2003. Dr. Moore was interviewed for the New Warrior Journal (a publication of the ManKind Project).

Moore began his career as a Freudian analyst. He is both lyrical and scientific in his approach to discovering the meaning of archetypal energies

“A lot of people are fascinated with archetypal patterns, and speak of archetypes … but as you get deeply into Jung’s tradition or Edward Edinger, author of Ego & Archetype: Individuation and the Religious Function of the Psyche [published by Random House] or my Neo-Jungian tradition, you get into the sense of the incredible majesty and the enormity it affords us. The image of archetypes is the only way you can understand why human beings are having such a terrible time staying sane and are acting out personally, socially, and globally.”

Archetypal energy is “not simply a theoretical pattern,” he added, “it’s an energy force.”

Moore said the enormous size of the archetypal dragon is often underestimated.

“We have to get a sense of how huge this spiritual energy, or God energy, is,” he stated. “It’s a very big being.”

The scholar said people tend to keep these “transpersonal energies” in shadow.

Shadow is “anything that the ego is not aware of … any important psychological pattern, or energy, or tendency that the ego consciousness has not matured in its capacity to discern and deal with.”

“Some think of shadow as negative energy,” he explained. “There is a great deal of heroic energy and mature royal energy in there, including mature warrior, lover and magician energy. Shadow contains a lot of gold.”

The “gold” stays in the shadow if it is not accessed and stewarded in a mature way, he added.

“The dragon is not the shadow,” Moore instructed. “It lives in the shadow when we, without knowing it, force it into the shadows. Any time a person wakes up in the morning and feels alone, they are forcing this incredible majestic being into the shadows; one is never without the close proximity of this ‘other’ – this great other with a capital O – it’s always awake, always aware of us even if we aren’t aware of it. If we force it into shadow, as Jung and Edinger point out, it begins to be adversarial toward our ego consciousness. A lot of the negative thoughts and feelings we have, I believe, are coming from the archetype itself, or the dragon, which has been disrespected.”

Moore said he has tried to carry the awareness of the dragon “forward into a more delineated place.”

The dragon energy, or archetypal gold, comes into any given personality through the four different mythic portals of King, Warrior, Magician, and Lover – usually in an imbalanced way, he noted.

“The first task is to ask yourself where am I experiencing dragon energy,” he said, “or if I am experiencing dragon energy, and if not, why not? Who am I displacing it with? Who am I idealizing it with? This is a defense mechanism.”

The author said a “defense mechanism” means the ego is displacing this archetypal primal energy and projecting it onto someone else to avoid facing it directly. The image of the dragon is a universal symbol throughout history, he said. Recently the New York Times Science Section summarized a study that placed dragons as the pre-eminent symbol in the world. This fact is proof of Jung’s theory of the collective unconscious, Moore noted.

“It is the human species intuiting grandiose energies within,” he said. “They are huge and they can be dangerous … and yet they can be wonderful sources of creativity and prosperity.”

“Creativity is fueled by this dragon energy,” he explained. “Your ego, your ‘I’, doesn’t have any energy of its own. The energy comes from transpersonal sources.”

It’s important for all of us to stay in touch with dragon energy, he noted.

“I’m trying to lift up the task of every one of us human beings,” he said, “to image the optimal connection with the dragon. I say optimal – not perfect.”

Jung’s vision was that a human being – who is inexorably connected to this enormous thing – must find a way to access the creative energy of the dragon without getting too close to it.

“Personal fulfillment depends on maintaining a connection in such a way that one becomes as complete and full as possible without becoming psychotic,” Moore declared. “That is an artistic challenge – the challenge of creating a human sculpture. It is an ongoing and artistic task right at the heart of who we are.”

Moore said he was indebted to Robert Bly and other poets for their contributions to the dialogue, adding that “the deepest roots of poetry are shamanic.” Any poet with depth is open to the world of positive and negative spirits, he added. “It is very dangerous to be a poet or on a spiritual path. When you get into an attempt to optimize your potentials in a really full way, you’re exposing yourself to these great dragon energies.”

The writer cautioned artists to be conscious of the “ethical side,” because the energies are “so seductive.”

“You’ve got to make sure you have the right intentionality, or as the Buddhists say ‘the right mind,’” he noted. “Artists have to have an ethical commitment to a morally mature stewardship. If you do not, the great thing will swallow you. Too often artists think they are ‘It.’”

Moore said he admired the spiritual maturity of Rumi, who is representative of a certain level of spiritual development. “A person like Rumi gets so far into being a realized human being that the boundaries between human and divine are diminished. He begins to glisten and shine with an uncanny radiance.”

Mature poets have a “deep fierceness and rightness” with the dragon, he continued.

The innate tension, or conflict, in the creative process is the key to unveiling the energy of the dragon.

“The task is not and never was about eliminating the tension,” Moore revealed. “The task is creating an inner mature human being like the Holy Grail, the chalice of the Roman Catholic Church. Think about that as an inner tension field that is created by the person who is developing within themselves spiritually and psychologically. It’s kind of a container, an inner temple, that develops. Outer temples are only symbolic.”

Moore said an artist “balanced within the elements” can enhance the tension and allow more dragon energy to be received, channeled into acts of creativity, leadership, compassion, and spirituality.

In Moore’s book, “The Archetype of Initiation: Sacred Space, Ritual Process, and Personal Transformation”, published by Xlibris Corporation, he addresses the importance of spiritual rituals in developmental growth.

“There’s a rule, either you do spiritual practices, or the unconscious will force you to act them out in pseudo-ritual ways,” the author stated. “I really believe that a lot of the addictions and compulsive behaviors are unconscious rituals.”

“What we’ve got to understand is … human beings are made up as a multi-dimensional unit,” he said. “Everything is organized as complex-systems. We are incredibly sophisticated natural systems. All of the functioning we do from neuro-biological, bio-chemical, bio-psychological, psycho-social, and even our spiritual experiences have a bodily incarnation – it’s all incarnate here embodied in these physical vessels.”

The goal, as Moore sees it, is to work toward an “optimum organization of the complex systems that comprise our human existential existence.”

“If you understand that we are comprised of interlocking systems, than any disorder of any system within us, including personal family relations, will prevent us from going to the ‘Great Other,’ or to God, or the Buddha Nature. Wherever there’s no process of creative organization going on, for whatever reason including inherited physical flaws, it makes the fine tuning more difficult.”

Moore encourages people in the creative process to have an integrated partnership with science, psychology and spirituality. Human beings need to utilize as many resources as possible in their developmental growth.

According to Moore, the book “The Developing Mind: Toward a Neurobiology of Interpersonal Experience”, by Daniel J. Siegel, M.D. and published by Guilford Press in New York, is a “tour de force” in demonstrating how all kinds of resources have to be brought to bear on the optimum development of the brain’s function.

Moore said he believes that “human beings who commit themselves to achieving an optimal vision of themselves can move toward the goal of personal growth … no matter how traumatized they were as a youth, or how comprised by physical defects.”

Too many people sell themselves short “and don’t let themselves envision what they are capable of achieving,” he added.

It seems like it’s either too little or too much of the dragon.

One of the best remedies for too much spiritual grandiosity is for people to have meaningful relationships with each other, Moore said.

“Organizations such as MKP, and other forward looking communities representing various spiritual tribes, have a contribution to make,” he said. “We can help each other as people of good will and like values.”

Panic Attacks and Fear: Going with Logic and the Odds

Fear, be it a thought or an emotion, is at the very foundation of panic. And, of course, panic sufferers find all sorts of creative ways to generate fear; and it generally has much to do with overreaction and misinterpretation. Am I right? Well, I propose these self-defeating dynamics can, in time, be reversed with consistent dosages of logic. That said, let’s take a look at some statistics. How ‘bout we call them facts…

Your chances of dying on a single airline flight on one of the Top 25 carriers with the best safety records are 1 in 6,300,000
Your chances of matching all five numbers in the Illinois Little Lotto are 1 in 576,000
Your chances of dying from a bee sting are 1 in 86,000
Your chances of dying from being struck by lightning are 1 in 84,000
Your chances of dying in an automobile accident are 1 in 100

Interesting and revealing numbers, aren’t they? And with regard to dying in an airplane crash, air safety in the United States is so good right now that there’s a better chance of a child being elected president than your plane going down. How ‘bout this one – if you were to fly only 2,000 miles a year, your chances of death are just about the same as an airplane falling out of the sky and hitting you on the head. Now, how often do you fret about that during a typical day (and don’t start now). In spite of the fact that it’s been years since I’ve had a panic attack, there’s still no doubt that my levels of anticipatory anxiety and in-the-moment fear would dramatically decrease if I knew I was going to make a trip by car, as opposed to flying. But given the stats we just reviewed that just doesn’t make any sense. I mean, 1 in 6,300,000 as opposed to 1 in 100? Give me a break.

Look, let’s say you had a life-threatening medical condition and there were only two courses of treatment that could save your life. One’s chances of death were 1 in 6,300,000, but involved a horribly painful recovery. The other guaranteed a pain-free recovery; however its chances of death were 1 in 100. Gee, in spite of the pain, for which course of treatment would you opt? Of course, you’d go with the odds. How ‘bout this one. The chances of dying from a lightning strike are 1 in 84,000. Again, the chances of dying in a plane crash as described above are 1 in 6,300,000. Hmmm – you won’t fly, yet you’d run to the car (probably with a metal umbrella) during a thunderstorm with intense lightning. You bought that Little Lotto ticket in Illinois knowing you had a very remote chance of matching all five numbers at odds of 1 in 576,000. Did you really expect to win? Of course not, you trusted the odds. Yet, you believe your plane will go down when the odds are 1 in 6,300,000 that it won’t. Again, look at the numbers, as well as your history of suspect interpretation and overreaction.

All of this is very curious, don’t you think? It sounds to me like this fear business is an issue of selective reasoning. By the way, wouldn’t that qualify as misinterpretation and using fear as a defense mechanism? I mean, if we want to use interpretation to justify what we know to be the logical and right decision, we do. But we can also employ misinterpretation to justify what we know to be the illogical and wrong decision. Indeed, fear of flying, or any of our irrational fears, may not be an issue of fear within the context of what we believe to be the fear-generating stimulus. Now, we’ve convinced ourselves it is; however, fear may be misguided as a result of any number of hidden agendas.

As it applies to flying, perhaps the true trigger of fear isn’t the flight itself, but participating in an activity that strips one of all control. In our flying example, your very life is riding on the skills, and physical and mental health, of a hidden, unknown flight crew. And let’s not forget about the gang at the maintenance hangar, the ground crew, and a bunch of nail-biting, caffeine shooting air traffic controllers who operate outdated and malfunctioning equipment in their effort to manage inordinate numbers of flights. Oh, and add to this fear salad the ongoing threat of terrorism. That’s a fairly sizeable number of “uncontrollables” for us to swallow without some degree of objection – possibly in the form of misguided fear and avoidance.

So, all of this is about being in control, or at least being where control is maintained. Think about it, if I was seated as a passenger I’d be highly susceptible to anxiety; however if I was able to sit in the cockpit I’d be calm. Same flight, same aircraft, same flight crew, same gang in the maintenance hangar and on the ground crew, same wired air traffic controllers with lousy equipment and awful flight loads, same terrorist threat – same everything. But in one scenario I’m wound up, in the other I’m not. Hmmm. So that means fear has to be a very manageable phenomenon. I mean, you may not have the insight and skills as yet to manage your fears, but you must at least admit the potential for management exists. And in doing so you’ve convinced yourself that you hold the power to introduce great change to your life.

In the old days I’d ignore facts and logic and run with what afforded me the most control, without any consideration of opportunities for challenge and growth. Well, enough was enough. The time had come to run with logic and the facts – the very truth. These days, I manage fear with courage, reason, and perspective. And I discipline myself to implement any number of management techniques as soon as the first waves of fear rush upon my shores. Then, and only then, am I able to get an accurate fix as to what’s really going on and become equipped to think, feel, and behave appropriately. How ‘bout you?