As modern vehicles become more software-driven, many manufacturers are shifting from traditional part replacements to digital “fixes.” Brands like Mercedes-Benz, Volkswagen, and Audi now rely heavily on over-the-air (OTA) updates or software-based patches to address drivability problems, warning lights, safety-system failures, and infotainment glitches.
While these updates may seem convenient, they can create significant confusion for consumers: if the dealership never replaces a physical part, do these updates still count as repair attempts under California’s Lemon Law?
The short answer is yes. In many cases, OTA updates actually strengthen a lemon law claim when the underlying defect remains unresolved.
Why OTA Updates Matter Under California’s Lemon Law
California’s Song-Beverly Consumer Warranty Act requires the manufacturer to fix warranty defects within a reasonable number of opportunities. There is no requirement that repairs involve new parts, physical components, or mechanical work.
- A software update is a repair attempt.
- A module reflash is a repair attempt.
- A calibration reset is a repair attempt.
- A dealer’s remote update is a repair attempt.
Whether the technician replaces a part or updates a line of code, the law treats each attempt the same.
This is especially important in luxury vehicles where software controls:
- Engine and transmission behavior.
- Advanced driver-assistance systems (ADAS).
- Steering and braking coordination.
- Suspension management.
- Infotainment, navigation, and digital dashboards.
- Emissions and fuel mapping.
- Electronic safety features.
When those systems fail and updates don’t resolve the problem, the vehicle may qualify as a lemon even if not a single bolt has been turned.
How Mercedes, VW, and Audi Use OTA Updates as Pseudo-Repairs
Many dealerships apply OTA updates or software patches when recurring problems appear. Although repairs feel less “hands-on,” these updates still create a documented pattern of failed attempts.
- Mercedes-Benz
Mercedes vehicles often rely on digital calibrations for safety features, sensors, and radar systems.
When these systems malfunction—braking unexpectedly, dropping lane assist, disabling cruise control—the dealership frequently installs:
- System software updates.
- Camera and radar calibrations.
- Diagnostic resets.
If those adjustments fail, each attempt supports a lemon law claim because the defect directly affects safety.
- Volkswagen
VW’s modern platforms depend on software to coordinate steering, transmission, and sensor networks.
VW dealers often use:
- Control-module updates.
- Steering or suspension software recalibrations.
- Infotainment system reflashes.
Repeated updates with no resolution help show that VW cannot fix the defect within a reasonable timeframe.
- Audi
Audi’s software patches are standard across powertrain, infotainment, and drivability systems.
Owners often report issues resurfacing after:
- SVM coding updates.
- ECU/TCU reflashes.
- ADAS resets.
- Virtual cockpit recalibrations.
Each of these counts as a repair visit even if the service department never replaces a physical component.
How Owners Should Document OTA-Based Repairs
To strengthen a claim involving software repairs, owners should keep:
- All repair orders, even when only an update was applied.
- Screenshots or photos of warning messages.
- Videos of recurring symptoms.
- A log of dates and mileage when issues reappear.
- Copies of any recall or service bulletin notices.
- Emails or texts from service advisors about updates.
If the vehicle receives OTA updates at home, owners should record the date and description of each update and note whether the defect returned immediately afterward.
Get Help With an OTA-Based Lemon Law Claim in California
If your Mercedes-Benz, Volkswagen, or Audi continues to experience the same warning lights, drivability issues, safety failures, or electronic glitches, despite multiple software updates, you may be entitled to a buyback, replacement, or cash settlement under California’s Lemon Law.
Our Los Angeles lemon law attorney understands how modern, software-dependent vehicles can create complex defects and how to prove that repeated updates constitute failed repair attempts.
Call 949-294-9153 today or contact us online for a free consultation. If your car keeps getting software updates that never solve the issue, you may already have a strong lemon law case.