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Magnussen-Moss Act Lawsuit

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  #151  
Old 02-19-2006 | 01:56 PM
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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.
Who does the inspection? The dealer? Mini Mania? Or, someone from MINI???? If it is someone from MINI, you are screwed.
 
  #152  
Old 02-19-2006 | 02:15 PM
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Originally Posted by caminifan
Who does the inspection? The dealer? Mini Mania? Or, someone from MINI???? If it is someone from MINI, you are screwed.
Dealer. Remember I said "school", not "race" but on the track
 
  #153  
Old 02-19-2006 | 02:29 PM
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Originally Posted by chows4us
Dealer. Remember I said "school", not "race" but on the track
If it is the dealer (and if it is the same dealer that is mod friendly), you may be okay. If the dealer refers the VINs to MINI/BMW for warranty voiding, they will be in a heap of trouble for entrapment.
 
  #154  
Old 02-19-2006 | 07:47 PM
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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.
The warranty uses the phrase "competitive event". So it sounds like track school is fine. And I guess you can run your MINI as hard as you want for as long as you want at the track, as long as you are not competeting with anyone. So what sense does that make?

The warranty does alo have the trem "improper use" so I suppose this could be their catch all phrase.
 
  #155  
Old 02-19-2006 | 08:11 PM
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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 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 thse really lacks teeth. Not to mention the economics of any small guy suing a large multi billion dollar company.
 
  #156  
Old 02-19-2006 | 08:53 PM
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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.
I agree with your take on the M-M Act - it's worthless. it is NOT a remedy and you won't scare many dealers much less a manufacturer like BMW with it.

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  
Old 02-19-2006 | 09:08 PM
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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.
Unfortunately, it always comes down to economics. Also, there is a problem with wiring harnesses in 2005 MCSa cars; so, it would appear as if the potential exposure pool is even larger.

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.
From what I have heard/seen, fixing window motors, rattles, etc. is not that difficult with the MCS - one more reason to consider keeping the car and divorcing yourself from MINI and its dealers. Hope your ride tomorrow is fun and renews your commitment to the MCS - it is a great ride.
 
  #158  
Old 02-19-2006 | 10:32 PM
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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.........
I am surprised you stuck with BMW this long with all those serious problems.
 
  #159  
Old 02-19-2006 | 11:21 PM
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Originally Posted by Electric Shock
I am surprised you stuck with BMW this long with all those serious problems.
Me too.

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  
Old 02-20-2006 | 06:57 AM
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Originally Posted by Skiploder
Still were somewhat trouble-prone.
Of course in my experience that will be true (if not more so) of Audi and Porsche as well. And from what I hear Mercedes is even worse (great interiors though). I don't know much about Volvo but your brother moving to the Japanese line will likely have less problems than all of them. Too bad the Japanese are so dull (in my opinion).
 
  #161  
Old 02-20-2006 | 12:24 PM
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Originally Posted by Electric Shock
I don't know much about Volvo...
I have had Volvo daily drivers since 1995. My experiences have been universally good. The XC90 is arguably the safest mid-sized SUV on the road. The only caveat is in the dealer's service departments - some are really good and others are really bad.
 
  #162  
Old 02-20-2006 | 01:27 PM
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Originally Posted by Electric Shock
Too bad the Japanese are so dull (in my opinion).
And thats too bad, Toyota has gotten real bland. Our SC MR2 and MR2 Turbo were little mid-engined rockets.
 
  #163  
Old 02-20-2006 | 07:13 PM
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Originally Posted by chows4us
And thats too bad, Toyota has gotten real bland. Our SC MR2 and MR2 Turbo were little mid-engined rockets.
Although I did just go to the auto show here in Chicago and the re-designed Camry is an improvement. Also there is a re-designed or new Lexus that looks like a clone of the 7 series BMW. So there's hope.
 
  #164  
Old 06-12-2007 | 05:03 PM
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Originally Posted by caminifan
Well, there is another solution if you want to increase the performance of the MINI - JCW parts. They are more expensive (and don't necessarily provide the same increased performance as other aftermarket parts), but they do have the factory warranty coverage.
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
 
  #165  
Old 06-12-2007 | 05:49 PM
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Originally Posted by vintageb3
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.
No, no, no, and NO.

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
Good for you again I still say that owners participating in driving skills courses, like Bondurant, or BMWCCA events should not suffer for having taken a class that teaches them accident avoidance and skills that make the roads safer. I am not refering to track racing, NASA events, etc, but to the documented occurances of MINI and BMW reps writing down VINs of cars owned by responsible enthusiasts trying to further their driving and road skills. They don't disciminate either on whether you are on the course or in the parking lot, BTW. You may want to stay completely away from these events until you are out of warranty if you truly believe as you say. Otherwise you might be in for a surprise.
 

Last edited by AZMCS; 06-12-2007 at 06:09 PM.
  #166  
Old 06-12-2007 | 06:05 PM
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Originally Posted by 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.

vintageb3
AZ is correct. JCW parts installed by the dealer are fully covered

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  
Old 06-12-2007 | 06:53 PM
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Originally Posted by vintageb3
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
Yeah, those idiots going to dealer-sponsored tracks days or driving events definately deserve having their warranties invalidated.
 
  #168  
Old 06-12-2007 | 09:17 PM
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Originally Posted by chows4us
...A MINI Cooper S equipped with the dealer-installed package is fully backed by MINI's 4 year 50,000 thousand-mile [emphasis added.] new car warranty.
Chows, when did MINI add a 50,000,000 mile warranty???? (JK, it was too much to pass up.... )
 
  #169  
Old 06-13-2007 | 02:10 PM
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Originally Posted by caminifan
Chows, when did MINI add a 50,000,000 mile warranty???? (JK, it was too much to pass up.... )
BMWworld proof readers must have had the day off
 
  #170  
Old 12-31-2007 | 05:20 PM
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Even if JCW stuff is added by the dealer after you've bought the car, the JCW stuff is warranted for the remainder of your 4yr/50k warranty OR two years - whichever is longer.
 
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