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FFS Let's all stop referencing the Magnussen Moss Act......

Discussion in '3rd Gen. Tacomas (2016+)' started by skiploder, May 16, 2019.

  1. May 16, 2019 at 1:24 PM
    #61
    Ronzio

    Ronzio Well-Known Member

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    You sued the manufacturer to enforce the provisions of the performance contract i.e. the warranty. The very contract thought to raise and limit your actions. The judge ordered non binding arbitration because that was a requirement of that contract. Wether that provision of the performance contract is enforceable is immaterial because it’s not binding on the aggrieved party. By not following the provisions of the warranty agreement your lawyer actually gave the defense the necessary evidence to dismiss your claim. I bet they were dancing under the table.
     
    MtnFisher likes this.
  2. May 16, 2019 at 2:11 PM
    #62
    skiploder

    skiploder [OP] Personally holding a grudge against Falken

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    Re read my post. Then acknowledge your error and report back.

    I’ll wait.
     
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  3. May 16, 2019 at 2:35 PM
    #63
    MandosTaco

    MandosTaco Well-Known Member

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    TL;D(id)R
     
  4. May 16, 2019 at 2:40 PM
    #64
    skiploder

    skiploder [OP] Personally holding a grudge against Falken

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    There's much truth to this.

    Again, lower court judges abet manufacturers by mandating remedies that are specifically prohibited in the MMWA. These rulings have been successfully appealed numerous times on individual bases. However these sorts of moves put the consumer at a disadvantage.
     
    Inferno! and 17trdoffroadbel like this.
  5. May 16, 2019 at 3:04 PM
    #65
    Tacoma2020

    Tacoma2020 Well-Known Member

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    Moral of the story: Don’t install mods for 3 years or 36,000 miles.
     
  6. May 16, 2019 at 3:08 PM
    #66
    17trdoffroadbel

    17trdoffroadbel Well-Known Member

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    Again, lower court judges abet manufacturers by mandating remedies that are specifically prohibited in the MMWA.

    Lower court judges are often complete morons. I remember the only time I did small claims court. Some dirtbag had sold me a counterfeit piece of software. I showed up and made my case, showed them documentation from the manufacturer that the item I purchased was fake. Later, the judge ruled in the dirtbag's favor because according to her, we "had not agreed that the software being sold was supposed to be genuine".
     
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  7. May 16, 2019 at 3:12 PM
    #67
    scocar

    scocar Prebunking

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    Will this litigation fit without rubbing?
     
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  8. May 16, 2019 at 3:13 PM
    #68
    stun gun

    stun gun Well-Known Member

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    In my fantasies she slaps me across the mouth and tells me not to sass her.
     
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  9. May 16, 2019 at 3:14 PM
    #69
    boynoyce

    boynoyce .

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    Mother Teresa knows the answer to that question..... unfortunately, she passed.

    RIP Mother Teresa.
     
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  10. May 16, 2019 at 3:22 PM
    #70
    skiploder

    skiploder [OP] Personally holding a grudge against Falken

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    ....the lid is open....

    ...the match is lit........
     
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  11. May 16, 2019 at 3:24 PM
    #71
    stun gun

    stun gun Well-Known Member

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    It was inevitable.
     
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  12. May 16, 2019 at 3:24 PM
    #72
    boynoyce

    boynoyce .

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    Props for an intelligent thread, but we all know what happens to those on TW....

    BOOM
     
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  13. May 16, 2019 at 3:24 PM
    #73
    skiploder

    skiploder [OP] Personally holding a grudge against Falken

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    ........well, that and that the legal system favors the big guy with the deep pockets.
     
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  14. May 16, 2019 at 3:25 PM
    #74
    stun gun

    stun gun Well-Known Member

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    Time is typically on their side, time costs money. It’s funny how this is still argued though. I love the internet.
     
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  15. May 16, 2019 at 3:27 PM
    #75
    oconnor

    oconnor Where am I?

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    Agreed. They are never making a supercharger, people!
     
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  16. May 16, 2019 at 3:40 PM
    #76
    Crusher69

    Crusher69 Well-Known Member

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    What about Bird Law?

    I'm very well versed...
     
  17. May 16, 2019 at 3:43 PM
    #77
    vbb

    vbb Well-Known Member

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    Without commenting on whether the judge made the right or the wrong calls, the moral of the story is that litigation is usually an expensive and slow way to resolve things, and has uncertain results. I do not have the personal story that the OP has, but I've been preaching the above for over a decade regarding the M_M Act. Even if you're right that the mod didn't cause the failure, do you have the time and resources to prove that in court? Likely, the answer is no. So when you mod, it's at your own risk. Period.

    Glad the OP could give a personal account that might (hopefully) help others understand how things really work.
     
    boynoyce and 17trdoffroadbel like this.
  18. May 16, 2019 at 3:45 PM
    #78
    Aldo98229

    Aldo98229 Well-Known Member

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    Jeep does the same: shows off all these modified Wranglers —and now Gladiators— to get you drooling. First they sell you the vehicle; then they sell you all the accessories.

    Then when the TSB notice comes in the mail and go to the dealer, they tell you your vehicle has been modified and/or off-roaded and the warranty no longer applies.
     
  19. May 16, 2019 at 3:47 PM
    #79
    17trdoffroadbel

    17trdoffroadbel Well-Known Member

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    Hey, Toyota does the same. How many TV commercials have you seen with the Tundra, 4runner, and Tacoma charging up some mountain hillside? Try doing that and watch your warranty evaporate. If you even have mud on the underside of your truck, the tech will innocently ask if you "off road".
     
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  20. May 16, 2019 at 3:50 PM
    #80
    Aldo98229

    Aldo98229 Well-Known Member

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    That’s why this world is filled of 35” tires, lockers, winches, shovels and snorkels to pull into the mall parking lot.
     
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