New legislation from the FTC regarding aftermarket parts and dealer warranties

[11secdsm]

Hope this isn't a repost.

Great news! New legislation from the FTC makes it illegal for dealerships to void your warranty due to aftermarket parts unless they can prove it caused the failure. Much more ground breaking than the vague Magnuson-Moss Act!


http://www.motorworldhype.com/2011-01-07/hype-news-ftc-says-its-illegal-for-dealerships-to-void-warranties-due-to-aftermarket-parts-andy/#more-6773

[RyanG]

Chris that is no different than the mag moss act. Ive gotten through a few dealers that way lol

[11secdsm]

Very untrue. The Mag Moss Act left a lot of uncertainties out there and unless you prosecuted the dealership, you were screwed. The new FTC legislation enacts new laws that make it illegal...meaning, you no longer need to go to the lengths of a law suit for most situations. Basically goes from a vague precedent to an actual law. It's a progression in the right direction.

[RyanG]

am I reading this wrong??

"This federal law regulates warranties for the protection of consumers. The essence of the law concerning aftermarket auto parts is that a vehicle manufacturer may not condition a written or implied warranty on the consumers using parts or services which are identified by brand, trade, or corporate name (such as the vehicle maker's brand) unless the parts or service are provided free of charge. The law means that the use of an aftermarket part alone is not cause for denying the warranty. However, the law's protection does not extend to aftermarket parts in situations where such parts actually caused the damage being claimed under the warranty. Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided."

[11secdsm]

What part are you unsure about? Cliff notes is simply that a warranty can not simply be voided due to the presence of an aftermarket part but must be proven to have been the cause.

[SovXietday]

Well that's pretty cool for all of you guys who have warranties. :P

[ScoobyNubieToo!]

LOL Warranty? What warranty? :)

[11secdsm]

If your missing your catalytic converter you are not street legal and they will deny you everything either way unless it is something recalled.

The only thing they can deny you w/ no cat is an inspection. They can not void your warranty.

[DPancoast]

unless they prove that the reason your car is broken is because you dont have a catalytic converter. in simple terms, thats how this works?

[ndubz]

Win.

and High Flow Cats FTW

[jpalamar]

The only thing they can deny you w/ no cat is an inspection. They can not void your warranty.

Your car came with a cat and it is required for street use. If you remove the cat, you are basically saying I'm not using the car for street use and because of that I would think they could void your warrenty.

If it were me, I wouldn't risk it.

[11secdsm]

That's not the correct train of though...it has to directly impact the part or parts that are in question. So if your engine blows, they have to prove that the lack of a catalytic converter DIRECTLY impacted the failure. We all know that isn't the case.

[jpalamar]

I understand that, I just figured removing the cats would fall under abusing/racing(since thats all you can really do with a catless car legally anyway) the vehicle which typically isn't covered anyway.

I'm glad I don't have a warranty :-)

[Chris B.]

"Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided."

Some automobile manufacturers have clauses in their warranties about aftermarket performance parts being grounds for warranty revocation.

I sometimes wish auto manufacturers had the option of buying a car for less money if you didn't want a warranty on a certain part or parts.

[jpalamar]

"Further, consumers are advised to be aware of any specific terms or conditions stated in the warranty which may result in its being voided."

Some automobile manufacturers have clauses in their warranties about aftermarket performance parts being grounds for warranty revocation.

I sometimes wish auto manufacturers had the option of buying a car for less money if you didn't want a warranty on a certain part or parts.

That is an awsome idea, but GM would sell even less cars LOL

[Fujito]

Sweet I'm going to turn my boost up to 40 psi

[MuddyREX]

The intent of this legislation is not to protect "tuners." It basically means that they can't void your brake system warranty because you used non-OEM brake parts or your engine warranty because you used non-OEM filters, hoses, fluids, etc, unless those parts are the direct cause of the problem. If your crappy oil filter leaks all of the oil from your engine and your engine explodes then you aren't going to be covered under warranty. If you buy an OEM original filter and the same thing happens, then they have to cover the repairs.

On the other side of the spectrum - if you install power mods to your car and blow your transmission, they can in fact deny warranty claims even if you didn't touch the transmission. Subaru of America denied my transmission claim a couple years ago for this exact reason. Reasons were things like (and I'm paraphrasing) "The WRX transmission was engineered to handle factory power levels. The added stresses that the modifications put onto the transmission, although the transmission is not modified in any way, caused the failure." I wanted to file a lawsuit, but my lawyer told me that if I went ahead with it that I would have lost. Similar lawsuits were filed against SOA and were lost. In some instances, SOA countersued for lawyer fees/court costs/etc, and were awarded upwards of $20K.

And like stated above, a lot of OEM's are now including clauses in their warrantees that state that aftermarked performance parts will void your warranty.

Just be careful.

[11secdsm]

I didn't state that it protects tuners....it does however protect us from dealerships unnecessarily voiding warranties. A good friend of mines, BONE STOCK Evo, was black listed because the dealership THOUGHT the trans case had been opened up before, when in fact, it had never been. This legislation is a step in the right direction when it comes to the stereotyping dealerships have been doing over the past 10 or so years. Obviously, if you add power to you car and your trans goes, then yes, it shouldn't be fixed under warranty.