09 Tacoma 4x4 - Warranty Coverage Denied

Here you go man,
maybe this can help you, ironicly I just read all this today. Pay special attention to the parts I put in bold. I know that most of this is all about modifications to a vehicle but maybe this will give you an idea or two and help you deal with this situation.


New Car Warranty Information
FEARS:
You want to upgrade your vehicle with aftermarket equipment, but you’re worried about putting the vehicle’s warranty at risk. It’s no wonder. How many times have you heard someone at a automobile dealership say that unless the dealer installs your aftermarket equipment you will automatically void your new car warranty? This common misconception has been repeated often enough to be widely believed – though it is completely false.

FACT:
Dealers don’t like warranty work, because it pays less than normal repair work. By promoting the myth that aftermarket equipment automatically voids warranties, some dealers avoid such low-paying work. Instead, they attempt to charge customers the prime service rate for work which is rightfully done under warranty.

THE TRUTH:
Most vehicle owners are not aware they are protected by federal law: the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act of 1975. Under the Magnuson-Moss Act, aftermarket equipment which improves performance does not void a vehicle manufacturer’s original warranty, unless the warranty clearly and conspicuously states that aftermarket equipment voids the warranty. Most states have warranty statutes, as well. Which provide further protections for vehicle owners.

In other words, that means a dealer can’t wiggle out of his legal warranty obligation merely because you install aftermarket equipment.(went down a dirt road in the rain in a TRD Offroad) To find out if any aftermarket equipment automatically voids your vehicle’s warranty, check the owner’s manual. It is likely the language you are looking for appears under a heading such as “What Is Not Covered” Although the language seems negative, remember your vehicle manufacturer is simply saying he does not cover the aftermarket products themselves. He is not saying that the products would void the vehicle warranty.

VEHICLE DEALERS OBLIGATIONS:
Suppose your modified vehicle needs repairs while still under warranty. Without analyzing the true cause of the problem, the dealer attempts to deny warranty coverage. He made his decision simply based on the fact that you’ve installed aftermarket equipment – a convenient way to dodge low-paying warranty work.

An example of how ridiculous this can get is the man who was denied warranty coverage by a dealer on his power door locks, because he had improved his exhaust system! Sounds nuts? It really happened – because that man did not know his rights and challenge the dealer’s decision.

Fact: A dealer must prove – not just say – that aftermarket equipment caused the need for repairs before he can deny warranty coverage on that basis.

YOUR RIGHTS:
Point out to the dealer the provision of the Magnuson-Moss Act- Require that he explain to you how the aftermarket equipment caused the problem. If he can’t – or his explanation sounds questionable – it is your legal right to demand he comply with the warranty.

Fact: If you are still being unfairly denied warranty coverage, there is recourse. The Federal Trade Commission, which administers the Magnuson-Moss Act, monitors compliance with warranty issues. Direct complaints to the FTC at (202) 326-3128 begin_of_the_skype_highlighting (202) 326-3128 end_of_the_skype_highlighting.

This is the actual language of the act:

No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this sub-section may be waived by the Commission if:

1. the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and

2. the Commission finds that such a waiver is in the public interest.

The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person or pursuant to this chapter or from violating any prohibition contained in this chapter.

MAGNUSON MOSS WARRANTY ACT

US Code - Title 15, Chapter 50, Sections 2301-2312

Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)) . For best results, consider working with performance-oriented dealerships with a proven history of working with customers. If your vehicle manufacturer fails to honor emission/warranty claims, contact EPA at (202) 260-2080 begin_of_the_skype_highlighting (202) 260-2080 end_of_the_skype_highlighting or www.epa.gov . If federal warranty protection is denied, contact the FTC at (202) 326-3128 begin_of_the_skype_highlighting (202) 326-3128 end_of_the_skype_highlighting or www.ftc.gov . For additional information, check out the following links:

* Consumers Bill of Rights


Hope it helps
Shawn

 

Exactly why I just posted all the Warranty Info. It may not be the same thing as dealing with a warrantee claim for something that "may" have been caused from "33'" tires or a lift whatever....but it is still the same shady bullshit they always try to pull. God this kind of thing really pisses me off

 

33" where fro show, he never wheeled the truck despite owning "Off Road", his gears exploded on the highway.

Another person has problems with FJ. When you use 4L it locks up and you need new transfer case. Toyota replaced twice won't replace anymore despite the fact there are threads already with tons of people with the same problem.
So whats good to have 4x4 truck if you need to keep it on the pavement.

 

OMG im gonna freek out! Are you kidding me? What part of Japan is Toyota Corp located in? Im sure you can figure out where Im going with this.......

 

Thanks I will try the PCV valve. I guess to check the TB you just removed the aircleaner assy. If it is covered with oil....than what? Dump and replace. If it was my ride I would live with it. But its the wifes and she needs the reliability of a late model under warranty. Thats one of the reasons I am considering Hyundai/Kia Motors. The warranty that matters is long. With 52K miles the 4 banger Rav should get a decent ACV in trade. A Used car dealer offered $10K to buyout I figure I will try to get more IF we go Hyundai or KIA. Ford Escape is on the table as well although they only have the standard 3/36

 

Then you provide it to the dealer as evidence that there is in fact something wrong with the vehicle. At that point, they will then deny your warranty coverage based on the fact that you have performed mechanical work on the vehicle yourself.

It's not hard to see why I resolved to learn to do my own automotive repairs and remove the dealer from the picture entirely.

Unfortunately getting a properly equipped shop together is costly. I'm working on that, among other things.

 

PCV's are maintenance item, no interval but they supposed to be checked especially if you find out you burning oil. TB would be covered in large amount of oil if PCV is stuck. No need to dump TB, just clean well and clean the tiny holes for vacum lines going to EGR and the rest of the valves.
Problem is all cars are now complicated due to emission standards. You can buy Hyundai but I can tell me my friend has 2010 Santa Fe and at transmission is having issues not to mention he has oil leak that nobody can find.
Honestly I like Toyota not for quality but for the fact that they have FSM hence I can repair car on my own.

 

No damage to the houseing

 

Wow... toyota better man the F up and cover you.

 

Furthermore, I just went onto the Toyota website ( http://www.toyota.com/tacoma/demos.html ) If you click on the "Off-Road Toughness" video you will see them beat the living shit out of their demo truck. I dont treat my truck like that. This is begining to be comical.

 

They drive it down a dirt road.

While I agree with you they should cover your damage, that's not exactly "beating the shit" out of the truck.

 

Yes...understood and agreed. Compare to how I was driving when this broke, they are beating. Rooster tails and rear end slides at 50mph.

 

Not quite. That is not the legal standard. We do not have to prove that your use was consistent with the advertised uses. Strict products liability laws in CA only require that the use to which the vehicle was put by the customer was reasonably foreseeable and that for so long as it is, the vehicle manufacturer is required to honor the warranty and indemnify the user against the costs of vehicle failure within the warranty period when the customer's use of the vehicle was within the scope of reasonably foreseeable use. Also, I'm fairly confident is that the whole "Off Road TRD" marketing component to the vehicle and the fact that it is sold with a 4x4 transfer case along with instructions on how to use the same only when off roading or in deep mud, sand or snow will likely be seen as an express warranty and at a minimum an implied warranty as to merchantibility and particular use.

 

Well that's good to know. Is there precedent for this? Or does Arbitration eliminate all precedent? This cannot be the first time someone had an issue with a part while engaged in 4WD. A public court proceeding would set precedent I suppose. Dealers are smart to make buyers sign an arbitration agreement in that regard.

Should be a walk in the park to get Toyota to repair the vehicle.

Consumer advocates say don't arbitration agreements but people want those vehicles so they sign them and are stuck.

Either way Toyota has to prove the truck was used BEYOND it's intended design and associated use as to cause damage.

 

blown rings are not unheard of. I have a list of about 8 cases that I know of. OP, was the diff locked?

 

Thats it, i'm buying a Raptor after reading this!!

 

Subscribed. Good luck man, at least your fighting it!

 

thats messed up that the dealer would do that to you. when I bought my truck, i talked to the service manager, and he said himself that if something breaks, then they 9/10 times replace it, even if it was aftermarket accessories, and that the truck WAS wheeled hard. You my friend have a shitty dealer, and im sorry to hear that.

 

It's definitely your dealer. You shouldn't have any issues w/ the lawsuit, but it'll probably cost you more than the $2500 repair.