Re: (BOB) The Magnuson-Moss Warranty Act

From: Bob Mankin (bob@cadpros.com)
Date: Thu May 11 2000 - 22:01:32 EDT


"Steven T. Ekstrand" wrote:
>
> Good point! It's subtle. What it means is that the dealers/manufacturers
> don't set the rules. It has the effect of placing upon the
> dealer/manufacturers the burden of proving by a preponderance of the
> evidence that the modification or abuse by the consumer, led to the defect
> or malfunction. The law also provides for attorney's fees and costs.
> This is critical to giving teeth to any consumer protection statute. It
> means an attorney will be much more likely to take the case on and you will
> have a much better chance of being made hole. The REAL effect is, that the
> manufacturer won't want to go to court unless he specifically smells fraud
> in the case. Oh, they will play hardball early, they may even wait til you
> actually file the complaint, but they will settle if there is any merit at
> all to your case.
>
> Note that the individual states often have warranty laws of there own.
> California's state law, The Song-Beverly Act is, in my opinion weaker than
> the case law using Magnuson-Moss (at least in trying to qualify a lemon).
> My guess is that when lawyers are pressed to file a complaint (lawsuit),
> they cop out and go to state court even though federal court would serve
> their clients better. Most lame ass lawyers are scared sh*tless of Federal
> Court judges (and for good reason). I've seen lawyers in Federal Court
> become guests of the gov't for pulling the same crap they pull everyday in
> the state courts.
>
> -Dr. Steve, the Law Professor....
> I try not to be a lawyer, but I play one in the classroom...

Steve,

Thanks for the comments. Nice to get another perspective, especially
from someone who knows more about the law.

Latest update from here: District rep did call me this afternoon and
went on like a scratched record. He says the Magnuson-Moss Act has no
bearing here. He states the pinion angle has been altered. I ask him
what is the angle and what spec does it violate. He ignores that(they
never measured it) and goes on to point out that in his opinion I've now
compromised the emissions system via the installation of JBA headers, a
Mopar PCM and K&N open element air filter. I point out to him that all
carry C.A.R.B. certification and ask what he bases the comment on. "I'm
not going to argue with you", he says.

I ask about how suspension modifications relieve them from a cross
threaded caliper bolt issue and he states that they believe I cross
threaded it myself. So, I've effectively been accused of fraud now. I
have both an eye witness and physical evidence to the contrary. Let's
rock and roll, baby! They are almost making this too easy.

I highly recommend to anyone who has to go through this sort of deal to
keep copious notes. I've got something like 9 pages from just the last
10 day event. Call everyone even remotely involved at the dealership.
Call them several times. Call the national number. Insist on your
rights. I have found the more you push back and talk to more people, the
more you can catch them changing stories, and outright lying. It will
help your case possibly since they probably are not doing the same on
their side. And if my experience is any indication, you can easily make
them look incompetent.

But better not take my word for it, since I'm now a felon according to
my good buddies at Stevens Creek Dodge ;-)

Bob



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