TSBs Help in Lemon Law Cases

Posted by Sergei Lemberg, Esq. on June 3rd, 2008

Lemon owners frequently mention that the manufacturer has put out a TSB for their problems, but they can’t find the TSB and don’t know what it is.

Alldatapro.com offers our lemon law clients information on technical service bulletins (TSBs) put out by auto manufacturers. TSBs are not recalls; they are information provided by manufacturers to their dealers’ service departments and mechanics.  In lemon law cases, TSBs often come handy because they serve as evidence that the auto manufacturer recognized a vehicle problem and tried to fix it. Here are a few examples that frequently come up in lemon law cases:

AUDI - Audi owners complain that the dashboard display indicates the oil pressure is too low. In TSB 170804 issued on March 10, 2008, Audi officials say the cause of the trouble in 1997-2004 A4s and 2003-4 Cabriolets may be a restriction of the oil pump strainer.

BMW - Some 7 Series luxury sedans may have transmission trouble. In TSB 240108 issued on March 1, BMW says some 2005-7 models may have the transmission warning light illuminate and the car enter failsafe mode.

FORD - Owners of 2008 Ford Escapes and Mercury Mariners may wonder why transmission fluid is escaping from the transmission cooler. In TSB 08-5-7 issued on March 16, Ford says the transmission cooler is the culprit. Replacing it with an updated design should offer a better seal.

HONDA - Dim lights may plague owners of some Honda Accords. In TSB 08-010 issued on March 18, Honda officials say some 2003-7 models may have Sylvania low-beam lamps that distribute light poorly.

HYUNDAI - Owners of the 2007 Hyundai Veracruz may be eligible for a new in-tank fuel filter. In TSB 08-01-001 issued on March 11, Hyundai announced a campaign to inspect the filters when the vehicles are at the service department. The vehicles may exhibit long crank times or fail to start.

KIA - Owners of some Sedona minivans may notice corroded or leaking heater pipes. In TSB KT2008020401 issued on Feb. 4, Kia officials note the trouble with 2001-5 models is most common in areas where salt is applied to roads in winter.

LINCOLN - The warranty on the P.C.V. hose assemblies on some LS sedans with Duratec 3-liter engines has been extended. In TSB 08N01 issued on March 9, the Ford Motor Company notes that assemblies may come loose in normal operation, so the part is now under warranty for 10 years or 100,000 miles. Also, the warranty has been extended until Sept. 30 for vehicles already past the 100,000-mile mark.

MERCEDES-BENZ - The company has begun a service campaign to replace engine vent hoses on C-Class models.

SUZUKI - Owners of some 2006-7 Grand Vitaras may complain of a crunching or squeaking noise from the front end. In TSB TS04 issued on March 10, company officials say the hardness of the rubber material of the stabilizer bar bushings may cause the sound. A new bushing is available.

TOYOTA - Some 2006-7 RAV4s may make a clicking or popping noise when turning. In TSB ST001-08 issued on Feb. 8, Toyota officials say the culprit may be the steering intermediate shaft. Replacing that with a new part should quiet down the turns.

Rusty Lemon Tacoma Owners Get a Break

Posted by Sergei Lemberg, Esq. on May 14th, 2008

toyota_tacoma.jpgNYT’s Wheels blog reports that Toyota has begun a program to buy back 813,000 defective 1995-200 Tacoma trucks and could cost almost $100 million.  These trucks have frames so badly rusted that they cannot be repaired.  

The warranty is automatically extended on these lemon cars to 15 years (from the time they were new) and unlimited mileage.  On the buybacks, Toyota will pay 1.5 times the suggested retail price for a vehicle in excellent condition as calculated by Kelley Blue Book.

According to the Wheels blog

The program is good for consumers because Toyota is willing not just to buy back vehicles, but to pay much more than book value, said Clarence Ditlow, the executive director of the Center for Auto Safety. “Traditionally, when manufacturers have bought back older vehicles they have used the Kelley Blue Book straight price,” Mr. Ditlow said. “Taking care of customers is how Toyota gets to No. 1.”

“These vehicles may not have been properly treated in the plant with the undercoating that they use,” said Sam Butto, a Toyota spokesman.

Mr. Butto said he was not sure how much the program would cost, but it is “among the most aggressive programs we have put together in trying to take care of our customers.”

On behalf of all lemon owners we applaud Toyota for its efforts. In the days when corporations are sqeezing the little guy, it’s remarkable that a company would choose to do a recall so comprehensive. Good for you, Toyota.

The Lemon-makers Are Slumping

Posted by Sergei Lemberg, Esq. on April 23rd, 2008

auto_intro.gifIt comes with no surprise that US automakers are once again reporting lower numbers, lower sales, slashing expectations and are generally feeling rather glum.  We are surprised on a daily basis at the number of quality issues in lemon law cases from Ford, General Motors and Chrysler. So no wonder their numbers are down.

The cases come in all shapes and sizes, from leaking roofs, to transmission failures, to electrical malfunctions.  You name it, the big three make it, and make it poorly.  Overall, U.S. auto sales in the first quarter tumbled 8% from a year ago and the Big Three continued to lose market share as their sales fell even more than their competitors.

Lemon Law Helps In Sudden Accelleration Cases

Posted by Sergei Lemberg, Esq. on April 8th, 2008

2005-touareg-w12-speedometer-1024x768.jpgSudden acceleration is a quirky issue that pops up once in a while in lemon law litigation.  Recently, federal regulators received 33 complaints of vehicles accelerating on their own, restarting decades-old debate about whether sudden acceleration claims reflect vehicle defects or mental ones.  The National Highway Traffic Safety Administration launched an investigation into 2006 and 2007 Tacoma pickups over sudden acceleration — the fourth such look in three years at Toyota models over similar complaints.

These cases don’t come along frequently in lemon law litigation, but they do pop up once in a while. We had one last year involving a Japanese car manufacturer. Our client’s car apparently accelerated on its own as the owner was pulling into a parking space, crashing into a nearby building. Luckily, no injuries resulted.  We put the case into suit based on the Lemon Law, and the vehicle was soon bought back by the manufacturer. While federal regulators looking at the issue have time and again concluded that sudden acceleration results from driver error, in our case, the SUV had been in repair for sudden acceleration issues on previous occasions and the dealer had documented and replicated the complaints on several occasions.

The Tacoma cases, however, have yet to proffer a technical explanation. Over the past eight years, the agency has closed no less than six investigations into reports of unexpected or uncontrolled acceleration in vehicles without finding evidence of defects.

Vehicle manufacturers will typically claim that they’ve found nothing wrong with the car or truck, basically calling the owners stupid.  Instead, officials and automakers take the position that without evidence of a problem, the most likely answer will always be driver error. Before last October’s recall of Toyota and Lexus floor mats in Camry and ES 350 sedans, the NHTSA had triggered only two other similar recalls since 1989.

The basic advise bears mentioning - better to be safe than sorry! If you think your car is accelerating on its own, don’t stand wait, call the dealer. Make them get to the bottom of the problem.

Auto Lemon Law Alert - GM’s Massive Auto Defect Recall

Posted by Sergei Lemberg, Esq. on March 27th, 2008

grandprix2.jpgSurprise! Yet another massive recall from a US auto maker.  General Motors is warning the owners of 207,542 Buick Regal and Pontiac Grand Prix sedans not to park them in garages because they can catch fire.  The automaker said Friday of last week it is recalling the 1997-2003 Buick Regal GS and Grand Prix GDP models with 3.8-liter supercharged V-6 engines.00buickregal.jpgApparently, during hard braking, oil can leak from the engine onto the exhaust manifold, and fires can start if the oil gets hot enough, the National Highway Traffic Safety Administration said on its website.  GM sent letters to the owners on Thursday telling them the vehicles are safe to drive, but they should not be parked in garages or carports until the problem is repaired.  The problem has caused 267 vehicle fires and six injuries, five of them minor and one moderate.  It also has caused 17 structure fires.