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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 12:45 PM
    #61
    Inferno!

    Inferno! Well-Known Member

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    Here and there....
    Upon more reflection. I don't think its proper to bash the MM Warranty Act, when the real trouble is with BMW and the judicial system and not the Act. It doesn't make sense to say the MMWA is just a piece of paper. Heck, all laws are just pieces of paper.

    I filed a suit against my home builder and output about $70k to get through the process. I won in the end and was fully compensated, including my attorneys fees and $ for pain and suffering. I had to move out of my house for 10 months, it was a low point for me. But, I don't blame the construction defect laws for my woes as they are just a piece of paper. My woes were caused by my building contractor not taking on his legal responsibility and the juridical system for is slow and costly process.
     
  2. May 16, 2019 at 1:24 PM
    #62
    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.
     
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  3. May 16, 2019 at 2:11 PM
    #63
    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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  4. May 16, 2019 at 2:35 PM
    #64
    MandosTaco

    MandosTaco Well-Known Member

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    265/75/16 Duratracs; TacomaGrilles; OEM bed mat; tailgate vinyl decals; recovery hitch receiver; Subaru Tweeters and Kicker speaker upgrade; derped badges; CoverKing neoprene seat covers; cool stickers and rad patches!
    TL;D(id)R
     
  5. May 16, 2019 at 2:40 PM
    #65
    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.
     
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  6. May 16, 2019 at 3:04 PM
    #66
    Tacoma2020

    Tacoma2020 Well-Known Member

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    Moral of the story: Don’t install mods for 3 years or 36,000 miles.
     
  7. May 16, 2019 at 3:08 PM
    #67
    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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  8. May 16, 2019 at 3:12 PM
    #68
    scocar

    scocar Treat the cause, not the symptom

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    Will this litigation fit without rubbing?
     
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  9. May 16, 2019 at 3:13 PM
    #69
    stun gun

    stun gun Squad designated shitposter

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    In my fantasies she slaps me across the mouth and tells me not to sass her.
     
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  10. May 16, 2019 at 3:14 PM
    #70
    boynoyce

    boynoyce .

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

    RIP Mother Teresa.
     
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  11. May 16, 2019 at 3:22 PM
    #71
    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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  12. May 16, 2019 at 3:24 PM
    #72
    stun gun

    stun gun Squad designated shitposter

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    It was inevitable.
     
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  13. May 16, 2019 at 3:24 PM
    #73
    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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  14. May 16, 2019 at 3:24 PM
    #74
    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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  15. May 16, 2019 at 3:25 PM
    #75
    stun gun

    stun gun Squad designated shitposter

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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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  16. May 16, 2019 at 3:27 PM
    #76
    oconnor

    oconnor Where am I?

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    Agreed. They are never making a supercharger, people!
     
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  17. May 16, 2019 at 3:36 PM
    #77
    jeff b

    jeff b Well-Known Member

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    Christ that was a lot of reading
     
  18. May 16, 2019 at 3:40 PM
    #78
    Crusher69

    Crusher69 Well-Known Member

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    What about Bird Law?

    I'm very well versed...
     
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  19. May 16, 2019 at 3:43 PM
    #79
    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.
     
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  20. May 16, 2019 at 3:45 PM
    #80
    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.
     

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