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Land Rover Differential Problem

Woman with broken car

Land Rover has had multiple problems with the differential which may fail during or shortly after warranty.  Owners may be entitled to compensation.  Here are some typical complaints reported to the NHTSA,

Date Complaint Filed: 04/27/2015
Component(s): SUSPENSION
Manufacturer: LAND ROVER
Vehicle Identification No. (VIN): SALFP24N88H…

SUMMARY:
TL* THE CONTACT OWNS A 2008 LAND ROVER LR2. WHILE DRIVING AT APPROXIMATELY 50 MPH, THERE WAS AN ABNORMAL HUMMING
NOISE COMING FROM THE REAR OF THE VEHICLE WITHOUT WARNING. THE VEHICLE WAS TAKEN TO A DEALER WHERE IT WAS
DIAGNOSED THAT THE REAR DIFFERENTIAL FAILED AND NEEDED TO BE REPLACED. THE VEHICLE WAS REPAIRED, BUT THE FAILURE
RECURRED NUMEROUS TIMES. THE MANUFACTURER WAS MADE AWARE OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS
40,000.
Manufacturer: LAND ROVER
Component(s): SUSPENSION, DIFFERENTIAL

SUMMARY: QUOTED BY DEALERSHIP THAT REAR DIFFERENTIAL NEED TO BE REPLACED FOR ~$2200. RESEARCH HAS SHOWN MY THERE ARE
HUNDREDS OF COMPLAINTS ABOUT THE SAME ISSUES ON MANY LAND ROVER LR2/3 MODELS. I WOULD LIKE TO ADVOCATE FOR A
RECALL, AS EVERY TIME LAND ROVER FIXES THIS KNOWN DEFECTIVE PART, THEY MAKE A BIG PROFIT. OTHERWISE, A CLASS ACTION
LAWSUIT WILL BE INITIATED AGAINST LAND ROVER.

SUMMARY:
MY 2009 LAND ROVER LR2, HAS SOUNDED VERY LOUD WHILE DRIVING ON THE HIGHWAY. I THOUGHT IT MAY HAVE JUST BEEN A TIRE
ISSUE THAT THEY WERE OLD AND NEEDED ROTATED OR REPLACED. WHILE MY CAR WAS IN THE SHOP FOR AN ALARM SYSTEM REPAIR
THE DEALERSHIP DID A MULTIPOINT INSPECTION. THEY SAID NOTHING WAS LEAKING OR IMMEDIATELY WRONG BUT I SHOULD GET IT
BACK IN FOR A MORE THOROUGH INSPECTION. I DID AND FOUND MY REAR DIFFERENTIAL NEEDS REPLACED. FROM RESEARCHING I HAVE
FOUND THIS HIS BEEN A WIDESPREAD AND KNOWN ISSUE DATING BACK TO THE 2008 MODEL.

Call for a Free Consultation on your Land Rover Differential Problem

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Arguments Manufacturers Use in Lemon Law Cases

  1. Different Problems 

    Although Plaintiff raised three different complaints that generally related to her “radio system” during the Lemon Law rights period, none of those concerns constitute a “serious safety defect.” Id Additionally, because each radio-related complaint was different (referring variously to the tape player, the speakers and a software fault), they do not constitute “the same nonconformity subject to repair three or more times.  Turrell v Mercedes, Manufacturer’s Trial Brief

  2. Problem Not Identified in Prior Correspondence 

    Here, Plaintiff sent correspondence to MBUSA describing her alleged hesitation defect, but the correspondence did not describe any transmission, radio or brake system defects. (Ex. H, attaching Letters)

  3. Problem Did Not Substantially Impair Use, Value, or Safety

    “It is generally understood by courts and commentators across the nation that a trivial complaint or merely aggravating defect does not constitute a “substantial impairment.” See, e.g.. General Motors Acceptance Corp. v. Hollanshead, 663 N.E.2d 663 (Ohio Ct. App. 1995) (finding no substantial impairment where “none of the problems defendant had with her vehicle affected its engine, drivetrain, or mechanical functioning in any way.”); Johns v. American Isuzu Motors, Inc., 622 So. 2d 1208 (La. Ct. App. 1993) (a “rattle” that could not be duplicated by technicians working on the car did not constitute a substantial impairment); State v. Martinez, 604 N.W.2d 304 (Wis. App. Ct. 1999) (holding that jury instructions defining “substantially” as “seriously” and stating that “the condition or defect must be more than an annoyance or minor inconvenience” were proper); Mercedes-Benz Credit Corp. v. Lotito, 746 A.2d 480 (N.J. Super. Ct. App. Div. 2000) (finding no substantial impairment where buyer complained of rotten egg smell that was merely a minor inconvenience, and a normal condition of that particular make of car); Jolovitz v. Alfa Romeo Distributors of North America, 760 A.2d 625,628 (Me. 2000) (holding that “substantial” means “being of considerable amount or intensity;” no substantial impairment where an annoying squeak and an occasional odor of gasoline were the only uncorrectable defects).”  Turrell.

  4. Mileage rebuts claim of substantial limitation of use

    One of the well-established standards considered by courts in determining whether the alleged defects objectively impaired the use, value or safety of the vehicle is the extent of the consumer’s use of the vehicle

    Here, Plaintiff has driven the allegedly defective vehicle for significantly longer, and logged significantly more miles, than either of the plaintiffs in Mayhew and Freedman.   Plaintiff has driven the subject vehicle for six years and seven months, and has logged at least 100,000 miles (if not more). Plaintiff admits that she drives the vehicle every day for both business and personal errands, and even drives it on numerous annual vacations throughout the southeast. Plaintiff cannot establish the objective element of the “substantial impairment” test an therefore cannot succeed on her Lemon Law claims.

    businessman signing a contract

    We can help rebut these defenses in your lemon law case.  Call (973) 598-1980 for a Free Consultation

Dodge Durango Problems

 

A complaint alleges repeated problems with EGR Valve and emissions on the Dodge Durango.  McMillian v. FCA  2018 WL 3392920 (Cal.Super.).

 

O#/Dates/Mileage
Authorized Repair Facility
Complaints/Defects (Tech Comments)
RO 526920 November 14-17, 2017 29,785 miles
Westbrook Chrysler Dodge Jeep Ram of Van Nuys
1. Powertrain and/or emissions defect: Recall T23: EGR valve function (“perform PCM software update.”) 2. Powertrain and/or emissions defect: A red colored fluid is leaking under front engine/transmission area.
No RO written April 12, 2018
Hunters Dodge
1. Powertrain and/or emissions defect: Check engine light and “A” symbol with exclamation mark is flashing. Check engine light and “A” symbol light were reset by dealer. Plaintiff was verbally advised that if check engine light starts to flash repeatedly, to pull over and call roadside assistance. Plaintiff was advised to make a follow-up appointment for April 24, 2018. (Plaintiff was not given an RO for this visit).
No RO April 24, 2018 43,630 miles
Hunters Dodge
1. Powertrain and/or emissions defect: Check engine light and “A” symbol with exclamation mark is flashing ).
RO 535736 May 1-3, 2018 46,133 miles
Westbrook Chrysler Dodge Jeep Ram of Van Nuys
1. Powertrain and/or emissions defect: Check engine light and “A” symbol with exclamation mark is on. Found check engine light is on. Code P0300 multiple misfire.”)
RO 536209 May 9 -11, 2018 46,799 miles
1. Powertrain and/or emissions defect: Check engine light exclamation mark is on and vehicle shakes (RO line B: “Multiple misfire codes are stored.”)

 

Owners of Dodge Durango with emissions problems may be entitled to compensation.  Call for a Free Consultation.

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Infiniti Vehicle Shut off

 

Infiniti owners have complained of stalling and vehicle shut-off.  A recent complaint stated,

Complaint

the vehicle would suddenly slow and the engine would stall out. She would have to restart the vehicle to be able to continue driving.   After that date, plaintiff experienced the same problem on many occasions. When that happened, an error message would appear on the dash screen. On those occasions, plaintiff sent a text message to her service representative at Infiniti San Francisco. The service representative replied with a text message saying to just keep driving the vehicle saying it was nothing to worry about.

Attempted Repair 

The tech who inspected the car wrote stated the following: “Found past codes for pedal position sensor malfunction and fuel rail system pressure abnormal, performed DTC confirmation, was able to clear codes, possible accel pedal related, checked data monitor, found accel pedal sensor 0% fully released and 100% fully depressed ….contacted tech line for further assistance. Per tech line tested [various components]. As per tech line request continue to operate vehicle in similar conditions and attempt to duplicate concern. Able to duplicate concern after extended road test. Found terminal 1 and 5 of connector E95 out of spec. Replaced… confirmed operation.

Some have suggested the vehicle should be recalled for the problem.

 

Having problems with your Infiniti, Call for a Free Consultation (973) 598-1980

 

What is Bait and Switch

What is Bait and Switch 

Bait-and-switch is a form of fraud used in sales.   Customers are “baited” by merchants’ advertising products or services at a low price, but when customers visit the store, they discover that the advertised goods are not available, or the customers are pressured by sales people to consider similar, but higher priced items.

Are there any regulations dealing with bait and switch 

New Jersey has a group of regulations dealing with bait and switch.
www.njconsumeraffairs.gov/Statutes/Consumer-Fraud-Act.pdf 
Other laws are similar,

(a) Prohibited. — A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:

(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or

(2) With the intent not to sell the merchandise, commodity, or service.
Typical Cases 

Laster v. T-Mobile USA, Inc.

407 F. Supp. 2d 1181 (S.D. Cal. 2005)     Holding that “bait-and-switch” advertising tactic suffices to establish injury  consumers were lured in with advertisements for free or deeply discounted services

 

Have you been deceived by a bait and switch practice.

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Chevrolet Air-Conditioning Defect: Questions and Answers

 

Businesswoman in office with computer and fan cooling off

 

Class Action 

A class action sets forth problems with the air-conditioning systems on multiple GM vehicles. www.lemonlawclaims.com/chevrolet-tahoe-suburban-air-conditioning-problem

See In Re Gen. Motors Air  Conditioning Litigation   Our office is presenting claims for inconvenience, repair cost reimbursement and other relief.


Is there a cost to me to present an individual claim

Our office handles Chevrolet air-conditioning claims on a contingency basis with no payment required from the consumer.


What Vehicles are Covered

Car air conditioning
Problems have been reported on GM trucks and SUVs, namely the Cadillac Escalade (model years 2015-2017), the Chevrolet Silverado 1500 (model years 2014-2016), the Chevrolet Suburban (model years 2015-2017), the Chevrolet Tahoe (model years 2015-2017), the GMC Sierra 1500 (model years 2014-2016) and the GMC Yukon (model years 2015-2017).


What types of Problems Have been Reported 

According to the class action, because of the high number of failures, AC System replacement parts are on national backorder and the wait for replacement parts is long – often many months.  Components may  crack and leak refrigerant;  lose pressure within the AC System; and  fail to properly function to provide cooled air into the Vehicle’s passenger cabin.   The Silverado, Suburban, and Tahoes all have significant problems with the air conditioning system that may  break down during normal vehicle operation, with charges for repair due to factory defect.

Call about repair costs of air-conditioning system

Overpayment Claim Against Health Care Company

Doctor with patient

The New York Attorney General announced a settlement with a health insurance company regarding overbilling  consumers.

The company charged its insureds improperly out-of-network rates for certain medical providers, including radiologists, pathologists, and anesthesiologists.  Many of the people faced debt-collection lawsuit as a result of overbilling.  The company was also required to  Diagnostic Center, Inc. (“NYMDC”), a New York City health care provider, agreed to cease its practice of balance billing.  When a health care provider “balance bills” a patient, it sends the patient a bill for any amount of its charge that an insurer did not cover—despite the fact that the provider is required to accept the insurer’s payment as payment in full.  New York Attorney General Settles Balance Billing and Overpayment Disputes    http://healthlawsidebar.com/?p=842

If you believe you have been a victim of overbilling, call for a free consultation.

 

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GM Silverado Tahoe Air-Conditioning Problems

Woman with broken car
Consumers have experienced air-conditioning problems on several models.  Owners may be entitled to compensation for repair costs, monthly payments, or inconvenience.  typical problems involving condensor replacement not covered under warranty, a/c not functining.  Hear are some typical complaints.

  1. Complaints

Condenser and hoses recently needed to be replaced. The problem was evident when the AC failed and started blowing hot air.    I  reached out to GMC – 1-800-462-8782 and explained to them that I recently experienced a problem with my air conditioner and it is currently at at GMC dealer getting the condenser and hoses replaced.  This is a common theme about 2014 GMC 1500 Sierra truck owners.  www.nbcchicago.com/news/local/gm-air-conditioning-responds-439572983.html

From article:  GM confirms the models affected include the Chevrolet Silverado, Tahoe and Suburban; GMC Sierra, Yukon and Yukon XL; and Cadillac Escalade and Escalade ESV, but did not specify which model years. The complaints we saw were mostly about 2014-2015 models.

If you experienced problems with your GM air-conditioning, call for a Free Consultation.  Claims handled on contingency with no payment needed from client.

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Honda CRV Gasoline Diluting Oil and Gas Smell

Woman with broken car

Honda CRV owners have experienced unexpected problems with a gas smell and oil and gas mixture.  Owners may be entitled to compensation or other relief.  Here are some typical complaints.

Oil dilution. 4 oil changes in 2000 miles. Keep going back to Honda, No fix, just change oil. Got a case number from Honda. They closed the case with no solution or explanation as to why. Honda says there is a bulletin coming out which doesn’t happen.

Karla A   Blooming Prairie, MN, US

CR-V Touring 1.5L

  • CVT transmission
  • 4,536 miles

As a new owner of a Honda 2017 CRV Touring with a 1.5 liter Turbo Engine. Before taking it to the Dealer, I check my oil and noticed that the oil was slightly darker in color than normal and I thought, this doesn’t seem normal after driving approximately 3000 kms since my first oil change I did myself. The color of the oil should have been slightly darken but not as if it was driven 25,000 kms.  He said that there was a heavy odor of gasoline in the oil. Then, I realized that my engine is affected as well.

May 182018

CR-V 1.5L

  • CVT transmission
  • 27,808 miles

OIL CHANGE DUE. CHECKED OIL BEFORE SERVICE. OIL OVERFILLED, STRONG GAS SMELL. WIFE COMPLAINED OF GAS SMELL IN CABIN OF CAR.

– Wilbur A., Pittsfield, US

VEHICLE: 2017 Honda CRV Touring – 5 miles when purchased on 05/01/2017 – 2,000 miles when I first noticed there was a problem.

I am at about 6,000 miles now. Initially I noticed a clicking sound emanating from the engine get louder over time.

I was following a CRV forum (Hondacrvowners.com) and noticed a lot of people start mentioning fuel in the oil. Then saw news articles about a huge CRV recall in China’s cold climate areas with the same symptoms. I then began checking the oil frequently and noticed a definite fuel smell on the dipstick and rising above the full mark. I have not noticed a fuel smell in the cabin, fortunately, as some have complained about, but this is not good for an engine.

Two Honda dealers have told me they are aware of the issue, but not to worry about it and to check the oil since no lights are on and scans show no problem. Of course! No problems yet, but most drivers don’t check their oil and won’t notice a problem until the engine completely fails.

– Sean M., College Point, US

#28

Apr 242018

CR-V EX 1.5L Turbo

  • CVT transmission
  • 6,904 miles

Morning following extended trip, I started the car and immediately noticed loud engine knocking sound. Stopped the engine and checked oil level and saw it to be high and smelly. That afternoon after work I brought the vehicle to the local dealership and scheduled an oil change . They found the level to be two litres above normal. I expressed deep concern for premature wear on engine and it was more or less dismissed as not serious!!!! I was told no immediate solution, to check oil levels often and bring it back for more free oil changes

I am not a certified mechanic but know darn well that diluted oil will not perform and it WILL cause long term damage. I am very disappointed, thought I had the perfect vehicle for me. Stay away from this engine model until its fixed.

Call (973) 598-1980 for a Free Consultation

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Sources:

www.carcomplaints.com/Honda/CR-V/2017/engine/high_oil_level_with_gas_in_oil.shtml

http://www.crvownersclub.com/forums/137-2017-present-official-specs-features-etc-gen-5/176681-2017-cr-v-1-5-t-engine-high-oil-volume-fuel-oil-problem-got-me.html

https://forums.edmunds.com/discussion/50438/honda/cr-v/new-cr-v-cold-weather-runs-rich-gas-in-oil-multiple-complaints

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