RE:R/T Towing Capacity

From: Shaun.Hendricks@bergenbrunswig.com
Date: Tue May 11 1999 - 17:09:00 EDT


   No matter how many "Standard Disclaimers" you sign, you can never sign away
your rights as a consumer (it's legally impossible). The case to be presented
is "Misrepresentation", which means you are selling something in a way that
does not represent the product correctly. (This is a favorite attack of the
California DMV against car dealers) If your towing package you purchased
increases your listed capacity to 5000#, and later on the company retracts
that and says it's only 2000#; standard consumer laws dictate that they must
refund the purchase since it was made under false pretences. There is also a
lemon law issue as well. Since the Manufacturer can't rectify the problem
with the vehicle, I know by California laws they must buy the vechicle back
(especially if it's less than a year old, or has less than 12,000 miles on
it). 'Downgrading' a stated capacity does not work as a defense. There are
definite legal teeth here no matter what you signed unless you signed it AFTER
finding out about the towing rating drop.
   In my opinion, the best thing DC could do here is to keep the already
purchased R/T's rated at their stated specs and fix the problems that arise
from towing heavy loads, if/when, the truck breaks. All new R/T's should be
sold at a lesser towing capacity, then they don't have to worry about it.
   I think you R/T owners should consult a serious law firm on starting a
class action suit against DC to either fix the problem (bring it to spec's the
truck was sold on) or refund your purchase price and return your trucks. It
would teach DC a couple of lessons: first, stand behind your product even if
something unforseen and bad happens to it. Second, treat your customers with
respect. Third, the power of the internet. Fourth, (and hopefully deepest)
always thoroughly test your product before releasing it.
   Don't give up the fight guys, get positive results or cut their "Rules have
changed" feet out from under them because this smacks of the ol' one-two
shutup and take it routine.

Shaun H.

---original message---
I hate to throw a bucket of cold hard reality on the mad fit you guys have
got worked up about this, but if DC ever put one of those standard
disclaimers about "specs subject to change without notice...etc." in any of
their literature or in anything you signed (and there is such a disclaimer
on the inside front cover of my 97 owners manual), then there's no false or
misleading anything and you have no case or cause of action for anything. I
guess if any of you actually bought your R/T for towing heavy loads you
have a right to be upset, but there's basically nothing you can do about it
except get a more suitable vehicle.

Mike Crumley 97 V6 Auto
mail to: mcrumley@airmail.net



This archive was generated by hypermail 2b29 : Fri Jun 20 2003 - 12:13:59 EDT