Magnussen-Moss Act Lawsuit
#151
Originally Posted by chows4us
Dunno, but now get this ...
Once a year, in conjunction with MiniMania run a Track School at a local track .... Is this considering "tracking" your car because if so, since you had to bring your car in for inspection, they got EVERYONE's VIN.
Once a year, in conjunction with MiniMania run a Track School at a local track .... Is this considering "tracking" your car because if so, since you had to bring your car in for inspection, they got EVERYONE's VIN.
#153
Originally Posted by chows4us
Dealer. Remember I said "school", not "race" but on the track
#154
Originally Posted by chows4us
Dunno, but now get this ...
Once a year, in conjunction with MiniMania run a Track School at a local track .... Is this considering "tracking" your car because if so, since you had to bring your car in for inspection, they got EVERYONE's VIN.
Once a year, in conjunction with MiniMania run a Track School at a local track .... Is this considering "tracking" your car because if so, since you had to bring your car in for inspection, they got EVERYONE's VIN.
The warranty does alo have the trem "improper use" so I suppose this could be their catch all phrase.
#155
Originally Posted by caminifan
Well, yes, but that is kind of the whole point of Skiploder's experience - he thought that M-M would be a means to compel MINI/BMW to honor a waranty obligation and it turned out that the cost and aggravation of being right was not worth it. By extension, M-M is EFFECTIVELY not a viable recourse for the consumer who thinks that the manufacturer has arbitrarily voided their warranty.
I wonder if a poll of NAM members could be taken to determine how many members who had any sort of non-factory part on their car were threatened with warranty voiding. On my 2005 MCSa, there is a sticker that is applied to the top left corner of the front windshield that warns against putting non-MINI parts on the car and explicitly states that warranty coverage may be denied if non-MINI parts are installed on the car. Depending on how obnoxious the dealer/MINI want to be, even aftermarket wheels could get you in trouble.
Actually, I tend to doubt that MINI/BMW would get hammered at all. The approach that MINI/BMW are taking is quite legal under the wording of M-M. Unless there is some other legal prohibition (separate from M-M) against arbitrary and capricious actions by the manufacturer, I doubt that even if MINI/BMW decided to void the warranty of every car that came in with aftermarket parts, they would get hammered by the FTC or State governments. The theory of the case comes down to: There is a difference of opinion regarding the interpretation of M-M, and no one has yet seen a need to pursue a remedy. (You probably don't need the fingers on one hand to count the number of M-M lawsuits that have been taken to final conclusion (through final decision on apeal).)
I wonder if a poll of NAM members could be taken to determine how many members who had any sort of non-factory part on their car were threatened with warranty voiding. On my 2005 MCSa, there is a sticker that is applied to the top left corner of the front windshield that warns against putting non-MINI parts on the car and explicitly states that warranty coverage may be denied if non-MINI parts are installed on the car. Depending on how obnoxious the dealer/MINI want to be, even aftermarket wheels could get you in trouble.
Actually, I tend to doubt that MINI/BMW would get hammered at all. The approach that MINI/BMW are taking is quite legal under the wording of M-M. Unless there is some other legal prohibition (separate from M-M) against arbitrary and capricious actions by the manufacturer, I doubt that even if MINI/BMW decided to void the warranty of every car that came in with aftermarket parts, they would get hammered by the FTC or State governments. The theory of the case comes down to: There is a difference of opinion regarding the interpretation of M-M, and no one has yet seen a need to pursue a remedy. (You probably don't need the fingers on one hand to count the number of M-M lawsuits that have been taken to final conclusion (through final decision on apeal).)
But I do want to stress that Magnuson-Moss is a DISCLOSURE LAW. It really is not designed to be a remedy for the consumer.
There were a few of these types of laws passed in the 60s and 70s. Like the truth in lending act, it is designed only to make sure that the consumer is fully informed. There was day when manufacturers were tauting great warranties only for the consumer to find out later that the warranty had so many exclusions that it rendered the warranty meaningless. So congress decided to pass this law in order to make sure that the terms of the warranty are fully disclosed.
The act also divided warranties into two classes "full warranties" and "limited Warranties' with the requirement that the warranty clearly label as one or the other. The hope was that manufactuers and competition would result in them giving full warranties. In reality full warranties are extremely rare.
In skiploder's case it seems to me that since the warranty clearly states the problems with the track and with mods, then there is no violation of Magnuson-Moss. BMW has done exactly as the law prescribes which is to fully disclose the conditions of the warranty to the consumer. So no need for a consumer remedy in this case. there appears to be no violation.
As I said once before enforcement of these laws is going to mostly fall into the lap of the government agencies. Again the consumer remedy under all of these laws including Magnuson-Moss, fair debt collection, truth in lending, fair credit reporting,...and I could go on - the consumer remedies of all of thse really lacks teeth. Not to mention the economics of any small guy suing a large multi billion dollar company.
#156
Originally Posted by Electric Shock
I don't have any reason to disagree with anything you have to say.
But I do want to stress that Magnuson-Moss is a DISCLOSURE LAW. It really is not designed to be a remedy for the consumer.
There were a few of these types of laws passed in the 60s and 70s. Like the truth in lending act, it is designed only to make sure that the consumer is fully informed. There was day when manufacturers were tauting great warranties only for the consumer to find out later that the warranty had so many exclusions that it rendered the warranty meaningless. So congress decided to pass this law in order to make sure that the terms of the warranty are fully disclosed.
The act also divided warranties into two classes "full warranties" and "limited Warranties' with the requirement that the warranty clearly label as one or the other. The hope was that manufactuers and competition would result in them giving full warranties. In reality full warranties are extremely rare.
In skiploder's case it seems to me that since the warranty clearly states the problems with the track and with mods, then there is no violation of Magnuson-Moss. BMW has done exactly as the law prescribes which is to fully disclose the conditions of the warranty to the consumer. So no need for a consumer remedy in this case. there appears to be no violation.
As I said once before enforcement of these laws is going to mostly fall into the lap of the government agencies. Again the consumer remedy under all of these laws including Magnuson-Moss, fair debt collection, truth in lending, fair credit reporting,...and I could go on - the consumer remedies of all of these really lacks teeth. Not to mention the economics of any small guy suing a large multi billion dollar company.
But I do want to stress that Magnuson-Moss is a DISCLOSURE LAW. It really is not designed to be a remedy for the consumer.
There were a few of these types of laws passed in the 60s and 70s. Like the truth in lending act, it is designed only to make sure that the consumer is fully informed. There was day when manufacturers were tauting great warranties only for the consumer to find out later that the warranty had so many exclusions that it rendered the warranty meaningless. So congress decided to pass this law in order to make sure that the terms of the warranty are fully disclosed.
The act also divided warranties into two classes "full warranties" and "limited Warranties' with the requirement that the warranty clearly label as one or the other. The hope was that manufactuers and competition would result in them giving full warranties. In reality full warranties are extremely rare.
In skiploder's case it seems to me that since the warranty clearly states the problems with the track and with mods, then there is no violation of Magnuson-Moss. BMW has done exactly as the law prescribes which is to fully disclose the conditions of the warranty to the consumer. So no need for a consumer remedy in this case. there appears to be no violation.
As I said once before enforcement of these laws is going to mostly fall into the lap of the government agencies. Again the consumer remedy under all of these laws including Magnuson-Moss, fair debt collection, truth in lending, fair credit reporting,...and I could go on - the consumer remedies of all of these really lacks teeth. Not to mention the economics of any small guy suing a large multi billion dollar company.
Here's the rub and the cause of all my current BMW hate - the issue with my car is a known one, one so prevalent that they've issued a TSB on it.
I test drove the Cayman today and was talking with the dealer about Porsches stance on tracking the car (don't let them catch you either!). He had an interesting take on the whole affair:
His theory is that people who are in general enthusiasts, tend to be alot more up to date on issues with their cars and tend to network to share information. The TSB for the harness requires that the harness be replaced in two of three test situations - in essence most 2002 and 2003 MCS have the TB/Harness connector problem.
His take is that it boils down to simple economics - if you can take out of the potential fix pool the number of people who track or mod their cars, you can lessen the losses of potentially repairing the harnesses in tens of thousands of MCS sold in the US in 2002 and 2003.
He threw out the Mitsu example - his claim is that the Evos have serious gasket and tranny issues. Aggressively excluding the modders and racers from the potential fix pool is a financial move - you've just removed the largest fix group in terms of ability to notice or odds of encountering the problem.
See, I didn't blow my car up at the track, I didn't cook the eaton running a reduction pulley - my wiring harness connector to the TB crapped out - again, an occurance so common the BMW felt the need to warn ALL their dealerships about it. Sucks for me........but good for BMW - if they treat all modders and racers the same across the board, they save $1,200.00 for every warranty denied.
Using the M-M Act to force BMW to abide by their own TSB or to diagnose the car, then deny coverage is worthless. Let's all write that down 100 times so it sinks it.........
We're all saying the same thing in different ways: Don't rely on the MM Act if you track or mod the car. On the other hand, if you track your car, go ahead and mod it. If the possibility of losing your warranty bothers you, keep the car stock and use it to commute to work in - apparently, that's what it was designed/intended for.
There are vendors that are warrantying their work. I trust the one I deal with a hell of a lot more than any dealer tech.
I guess I'll just read up on how to fix power window motors, rattles, etc. if I plan on keeping the car.
#157
Originally Posted by Skiploder
...His take is that it boils down to simple economics - if you can take out of the potential fix pool the number of people who track or mod their cars, you can lessen the losses of potentially repairing the harnesses in tens of thousands of MCS sold in the US in 2002 and 2003.
Originally Posted by Skiploder
I guess I'll just read up on how to fix power window motors, rattles, etc. if I plan on keeping the car.
#158
Originally Posted by Skiploder
We have not had the best of experiences with BMW and have bought from three different dealers.
Both X5s on the list were borderline lemon law cases. And the roadster was voluntarily replaced as a lemon after some bitter confrontations.
The 535is went through two trannies in three years (all under warranty).
The problem is that BMW makes some of the most driver-rewarding cars out there, so it makes it easy to say "well, I'll give them one more chance."
Not anymore. We're done. My father has moved on to Mercedes and Porsches and my brother to the Japanese lines. I just got my wife an XC90.........
Both X5s on the list were borderline lemon law cases. And the roadster was voluntarily replaced as a lemon after some bitter confrontations.
The 535is went through two trannies in three years (all under warranty).
The problem is that BMW makes some of the most driver-rewarding cars out there, so it makes it easy to say "well, I'll give them one more chance."
Not anymore. We're done. My father has moved on to Mercedes and Porsches and my brother to the Japanese lines. I just got my wife an XC90.........
#159
Originally Posted by Electric Shock
I am surprised you stuck with BMW this long with all those serious problems.
The X5s are stinkers - 2 in the family, tons of problems. Have friends and co-workers that have had similar problems.
The M Roadster was one of the first ones. Engine oiling problems........
The 535is had one of the first manumatics........
To be fair, the 3 series were not all that bad. My parents had the convertible, my bro had the coupe and my wife had the all wheel drive wagon. Still were somewhat trouble-prone.
#160
Originally Posted by Skiploder
Still were somewhat trouble-prone.
#161
Originally Posted by Electric Shock
I don't know much about Volvo...
#163
Originally Posted by chows4us
And thats too bad, Toyota has gotten real bland. Our SC MR2 and MR2 Turbo were little mid-engined rockets.
#164
You will find that if you spec ANY JCW parts at time of sale on a new car..they are in fact not covered by the "factory warranty" as you put it. They are in fact looked upon by BMW as optional extra's...and only carry a two year warranty. Many poeple have been caught out by this little surprise from BMW.
However...I think its entirely stupid for any individual to mod a car or worse still track it....roast the hell out of it...and expect anyone let alone arrogant BMW to do repairs under its warranty...i.e. foot the bill for your bad choices. If the tables were turned...and each of the guys that complaining about reps taking down VIN numbers were BMW shareholders...they would be taking numbers down too!
I personally have a CAI, and a playmini exhaust...but won't have any warranty issuies with them and BMW.
Reason is: They are still on the shelf in the garage waiting for September to pass and the expiration of the warranty...then I will be reduced by 15% etc....and the whole nine yards
vintageb3
#165
OK I just read this...and I know its a year or so since you wrote this...but you are very wrong in your statement in fact.
You will find that if you spec ANY JCW parts at time of sale on a new car..they are in fact not covered by the "factory warranty" as you put it. They are in fact looked upon by BMW as optional extra's...and only carry a two year warranty. Many poeple have been caught out by this little surprise from BMW.
You will find that if you spec ANY JCW parts at time of sale on a new car..they are in fact not covered by the "factory warranty" as you put it. They are in fact looked upon by BMW as optional extra's...and only carry a two year warranty. Many poeple have been caught out by this little surprise from BMW.
You might want a little more mileage on NAM before you start spouting errouneous "facts". While it is true that if you have JCW parts, or any accesory for that matter, installed AFTER your original purchase of your MINI, it will only be covered by the parts warranty, and not by the 4 year factory warranty. If you do in fact have the JCW parts installed at time of purchase you are covered under your full and original factory warranty.
www.miniusa.com/#/learn/FACTS_FEATURES_SPECS/Performance/Top_Performance_features-m
Originally Posted by vinatge3
and each of the guys that complaining about reps taking down VIN numbers were BMW shareholders...they would be taking numbers down too!
I personally have a CAI, and a playmini exhaust...but won't have any warranty issuies with them and BMW.
Reason is: They are still on the shelf in the garage waiting for September to pass and the expiration of the warranty...then I will be reduced by 15% etc....and the whole nine yards
vintageb3
Last edited by AZMCS; 06-12-2007 at 06:09 PM.
#166
http://www.bmwworld.com/models/mini/works_kit.htm
A MINI Cooper S equipped with the dealer-installed package is fully backed by MINI's 4 year 50,000 thousand-mile new car warranty.
#167
OK I just read this...and I know its a year or so since you wrote this...but you are very wrong in your statement in fact.
You will find that if you spec ANY JCW parts at time of sale on a new car..they are in fact not covered by the "factory warranty" as you put it. They are in fact looked upon by BMW as optional extra's...and only carry a two year warranty. Many poeple have been caught out by this little surprise from BMW.
However...I think its entirely stupid for any individual to mod a car or worse still track it....roast the hell out of it...and expect anyone let alone arrogant BMW to do repairs under its warranty...i.e. foot the bill for your bad choices. If the tables were turned...and each of the guys that complaining about reps taking down VIN numbers were BMW shareholders...they would be taking numbers down too!
I personally have a CAI, and a playmini exhaust...but won't have any warranty issuies with them and BMW.
Reason is: They are still on the shelf in the garage waiting for September to pass and the expiration of the warranty...then I will be reduced by 15% etc....and the whole nine yards
vintageb3
You will find that if you spec ANY JCW parts at time of sale on a new car..they are in fact not covered by the "factory warranty" as you put it. They are in fact looked upon by BMW as optional extra's...and only carry a two year warranty. Many poeple have been caught out by this little surprise from BMW.
However...I think its entirely stupid for any individual to mod a car or worse still track it....roast the hell out of it...and expect anyone let alone arrogant BMW to do repairs under its warranty...i.e. foot the bill for your bad choices. If the tables were turned...and each of the guys that complaining about reps taking down VIN numbers were BMW shareholders...they would be taking numbers down too!
I personally have a CAI, and a playmini exhaust...but won't have any warranty issuies with them and BMW.
Reason is: They are still on the shelf in the garage waiting for September to pass and the expiration of the warranty...then I will be reduced by 15% etc....and the whole nine yards
vintageb3
#168
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