Quote:
Originally Posted by FlukeSS
Received a response from GM in regards to my Attorney General Office Complaint for Consumer fraud.
This issue is a defect recall, NOT a warranty issue. So while GM claims to take consumer safety seriously, they choose to ignore NHTSA regulation. Lie about there being no fix for it when there is a fix for it. And further openly violate Magnuson Moss Warranty Act claiming because my vehicle is modified and caused the damage to the Transmission.
The recall would still affect my vehicle if it was stock.
This is GM avoiding a costly recall repair of the 462,000 vehicles assuming each vehicle runs about $2000/each to repair would run GM about $900,000,000. That's bad for business. So GM cares about its profits more than consumer safety is what this letter actually says.
And yes I wrote my rebuttal response to the Attorney General's Office. 10 page rebuttal statement addressing everything they said in this response.
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I don't have an automatic so not completely aware of the recall issue at play here, but I'll provide another possible point of view to yours as food for thought. It would seem reasonable to expect that even if you voided your warranty, you should be eligible to receive recall service free of charge, when the recall is a preventive measure. But in this situation, it sounds like you are trying to ger GM to pay for damage that has already resulted to your transmission, reasoning that the damage is due to something directly related to recall (poorly engineered or manufactured part?).
Most recalls (GM or otherwise) have to do with safety or (possibly) attempted correction of a poorly engineered part in an attempt to prevent premature failure of said part. It isn't typical to fix a part that has already been damaged by something related to the recall, and if it was, the cause (the defect for which recall is being issued) would have to clearly be driving the failure result. This did happen with certain early 2000 Honda automatic transmissions, but getting Honda to pay for fixing busted transmissions was an uphill battle (they just wanted to add a preventative part to improve oiling).
In your case, you've muddied the waters further by modding your engine and adding 100HP to a stock system. So now, even if there was a case for consideration that a transmission engineering defect is the cause of the transmission malfunction and damage (the $2000 you are referring to, I assume), it's difficult to know whether your car's transmission problem is due to said engineering defect or instead, the mods you made to your engine.
You know well that GM's policy is that modding the engine or the tuning voids the warranty on the powertrain. And GM can defend that by arguing that owner mods may have caused the problem. So it shouldn't be surprising to you that if you want GM to pay to fix a damaged part of the drivetrain on your car, they'll refuse in situations where it's clear that you've modified the engine/tune, even when the part in question is part of some kind of recall issue.