Quote:
Originally Posted by TrackRat
Actually as posted above and confirmed by three lawyers the conditional term of not "altering the vehicles engineered specifications", which is part of the new vehicle warrant, is enforceable. The MM Act does not apply to modifications it applies to service parts. There is a clear difference as a service part is meant to be an OE spec replacement part. It is not intended to "alter the vehicle engineered specifications".
|
Are the lawyers you are calling familiar with consumer protection and case law specifically on the MM Act? I doubt it. Tell them to go to findlaw, there are tons of examples.
You just cannot read a law and interpret it yourself. This has been settled in the courts and specifically the FTC.
Code of Federal Regulations, Title 16 - Commercial Practices
Chapter I - Federal Trade Commission, Subchapter G - Rules, Regulations, Statements and Interpretations Under the Magnuson-Moss Warranty Act
Section 700.10
(c) No warrantor may condition the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance. For example, provisions such as, "This warranty is void if service is performed by anyone other than an authorized 'ABC' dealer and all replacement parts must be genuine 'ABC' parts," and the like, are prohibited where the service or parts are not covered by the warranty. These provisions violate the Act in two ways. First, they violate the section 102(c) ban against tying arrangements. Second, such provisions are deceptive under section 110 of the Act, because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of "unauthorized" articles or service. This does not preclude a warrantor from expressly excluding liability for defects or damage caused by such "unauthorized" articles or service; nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused.”
This issue has been settled for over 20 years, the fact that people want to believe dealers / manufacturers that are trying to keep their costs down by intentionally lying to customers is beyond my comprehension.
Point. Set. Match.