Poor Spanky!! The story of my 2011 GT

mobeydick

forum member
Joined
May 24, 2011
Posts
61
Reaction score
0
It is clearly stated in the Magnuson Moss act that the burden of proof lies on the vehicle manufacturer to prove beyond a shadow of a doubt that the failure was caused by said part/tune... READ THE ACT!!!
No, it does not! The ONLY thing the MMA gives the consumer is the right of redress in the courts! That means the CONSUMER has to File a court case. That means the Consumer has to prove their case!
 

Rob72

No Japanese Mustang Here
Joined
Apr 11, 2010
Posts
3,049
Reaction score
0
Location
Baltimore, Marxland
I've heard some serious pinging in a couple of vehicles I've been in. I mean the kind that makes you say wtf is going on here! Older style engines. They didn't have this kind of failure.
 

mobeydick

forum member
Joined
May 24, 2011
Posts
61
Reaction score
0
I agree which is why I said we'll see what happens. Legally, they are supposed to verify that the failure was caused by "whatever", however I do agree that the only way that becomes mandated is when a judge tells them too. The whole point is hopes of not having to go that far which is why Ford uses a Mediation style scenario for both parties to voice their side before going to full on litigation.
Ford has, they told the OP it was an aftermarket tune! The ball is in the OP court now!
 
Last edited:

95rioredcobra

forum member
Joined
Jun 25, 2009
Posts
112
Reaction score
0
No, it does not! The ONLY thing the MMA gives the consumer is the right of redress in the courts! That means the CONSUMER has to File a court case. That means the Consumer has to prove their case!

Under the Magnuson-Moss Act, a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before it can deny warranty coverage. If the dealer cannot prove such a claim — or it proffers a questionable explanation — it is your legal right to demand compliance with the warranty. The Federal Trade Commission administers the Magnuson-Moss Act and monitors compliance with warranty law.


 

VTXFrank

Obama SUCKS!
Joined
Sep 29, 2010
Posts
8,217
Reaction score
69
Location
Santa Rosa Beach, FL
Moby, you were told by a Moderator to stop posting in this thread. Do you like the color PINK or something? Even though you have it pretty much right as I know it about the MMWA, you seem to have pissed off the mod in this thread. I'd step carefully if I were you.
 

stkjock

---- Madmin ----
Staff member
Administrator
Super Moderator
S197 Team Member
Joined
Jul 10, 2007
Posts
40,263
Reaction score
3,180
Location
Long Island NY
riored - save your breath with him

MD - I suggest you go back and read posts #93 & 116
 

95rioredcobra

forum member
Joined
Jun 25, 2009
Posts
112
Reaction score
0
We don't really know what happened to the OP's engine. We don't know if it was rings or hammered the thin top ringland.

And that's the issue... Nobody knows because the dealership didn't even tear it down to find the failure.
 

VTXFrank

Obama SUCKS!
Joined
Sep 29, 2010
Posts
8,217
Reaction score
69
Location
Santa Rosa Beach, FL
The way I understand the MMWA, and as explained to me by two different dealers and a family lawyer, Yes, Ford has to show the burden of proof that a given modification has damaged the engine. HOWEVER, Ford can, and obviously will, void and stop your warranty/warranty work if they make that determination. Now, for the customer to find out how Ford went about determining the cause of the failure as being related to an after market part/tune, you have to call their bluff. In other words, you have to put up some money to see the results. You have to get a lawyer, go into mediation and at that point, Ford will take the time to explain it to you through their engineer and their lawyers. If you and the arbitrator disagree with Ford's findings, it's off to court you go.

Someone correct me if I am wrong. Where you hear stories of people simply mentioning the MMWA and getting their cars fixed is when a dealer is saying that since you put on a different oil filter, you voided you engine warranty and that different filter is what caused your engine to blow up. Or, you have a head gasket blow and it fries a head. But since you had headers installed, they try to blame the failure on the headers.

If you go installing a tune, you're taking a potentially expensive chance. 99.5% of the folks out there will never have an issue with using after market tunes from a reputable place. It's those folks who use tunes from a local tuner who knows very little about the new Coyote PCM that are REALLY risking it all. That's why I went with a tune from a mass marketer of tunes like AM or BBR. They have the volume of cars and the interest of their own business success to ensure they have plenty of experience with their tunes. And they have the cars they write tunes for for the most part.

Gotta use some common sense in this folks. The MMWA doesn't provide protection, and was never meant to provide protection, for car enthusiasts who change so many variables about how their engine performs. It was meant to protect people from getting FORCED into buying OEM parts for their cars. As long as after market parts meet or exceed OEM specs, then they won't have an issue being used. This doesn't apply to tunes.
 

mobeydick

forum member
Joined
May 24, 2011
Posts
61
Reaction score
0
Under the Magnuson-Moss Act, a dealer must prove, not just vocalize, that aftermarket equipment caused the need for repairs before it can deny warranty coverage. If the dealer cannot prove such a claim — or it proffers a questionable explanation — it is your legal right to demand compliance with the warranty. The Federal Trade Commission administers the Magnuson-Moss Act and monitors compliance with warranty law.

I'm sue if the OP has requested it he has it.

Moby, you were told by a Moderator to stop posting in this thread. Do you like the color PINK or something? Even though you have it pretty much right as I know it about the MMWA, you seem to have pissed off the mod in this thread. I'd step carefully if I were you.

I don't give a damn! If the Moderator was really a good moderator this thread would have been locked after the first post! Like I said, I’m on at least 10 other mustang sites. None of them are allowing shit like the OP or Dumbasses that claim Ford or any Mfg. is required to do a damn thing without being ordered to do so by a court of law. All that does is spread false information that gets people into the situation the OP is in!

riored - save your breath with him

MD - I suggest you go back and read posts #93 & 116

I have so you think stopping people from telling the Truth and Reality of the situation is the right thing to do. That's good to know! That makes me respect you a lot more!
 

VTXFrank

Obama SUCKS!
Joined
Sep 29, 2010
Posts
8,217
Reaction score
69
Location
Santa Rosa Beach, FL
I'm sue if the OP has requested it he has it.



I don't give a damn! If the Moderator was really a good moderator this thread would have been locked after the first post! Like I said, I’m on at least 10 other mustang sites. None of them are allowing shit like the OP or Dumbasses that claim Ford or any Mfg. is required to do a damn thing without being ordered to do so by a court of law. All that does is spread false information that gets people into the situation the OP is in!



I have so you think stopping people from telling the Truth and Reality of the situation is the right thing to do. That's good to know! That makes me respect you a lot more!

There is a way to go about voicing your opinion that DOES NOT require YOU getting pissed off over it. You think you're some kind of fucking Internet Hero? An Internet White Knight? Come on down off that high horse of yours and STOP being offended by other people's ignorance and/or perceived notions about things. An ADULT can, and will, discuss these types of matters without being a fucking dick like you've been.

I think, and this is just me, it's time for you to go on back to those other forums. No one here enjoys it when some prick gives our Mods a hard time.



white-knight-image.png
 
Last edited:

mobeydick

forum member
Joined
May 24, 2011
Posts
61
Reaction score
0
The way I understand the MMWA, and as explained to me by two different dealers and a family lawyer, Yes, Ford has to show the burden of proof that a given modification has damaged the engine. HOWEVER, Ford can, and obviously will, void and stop your warranty/warranty work if they make that determination. Now, for the customer to find out how Ford went about determining the cause of the failure as being related to an after market part/tune, you have to call their bluff. In other words, you have to put up some money to see the results. You have to get a lawyer, go into mediation and at that point, Ford will take the time to explain it to you through their engineer and their lawyers. If you and the arbitrator disagree with Ford's findings, it's off to court you go.

Someone correct me if I am wrong. Where you hear stories of people simply mentioning the MMWA and getting their cars fixed is when a dealer is saying that since you put on a different oil filter, you voided you engine warranty and that different filter is what caused your engine to blow up. Or, you have a head gasket blow and it fries a head. But since you had headers installed, they try to blame the failure on the headers.

If you go installing a tune, you're taking a potentially expensive chance. 99.5% of the folks out there will never have an issue with using after market tunes from a reputable place. It's those folks who use tunes from a local tuner who knows very little about the new Coyote PCM that are REALLY risking it all. That's why I went with a tune from a mass marketer of tunes like AM or BBR. They have the volume of cars and the interest of their own business success to ensure they have plenty of experience with their tunes. And they have the cars they write tunes for for the most part.

Gotta use some common sense in this folks. The MMWA doesn't provide protection, and was never meant to provide protection, for car enthusiasts who change so many variables about how their engine performs. It was meant to protect people from getting FORCED into buying OEM parts for their cars. As long as after market parts meet or exceed OEM specs, then they won't have an issue being used. This doesn't apply to tunes.

You are 100% correct.

Even on the Exhaust system, most Aftermarket Cats will not do the same job the OE will do.

BTW: Some of the Few people who have take ABC vehicle Mfgs. to court find out the had way about altering the Emmisions systems. That is a huge fine!
 

Mach1Marauder

LARGE MEMBER
Joined
Jul 30, 2010
Posts
666
Reaction score
1
Location
Phoenix, DFW or a trailer at the track
The way I understand the MMWA, and as explained to me by two different dealers and a family lawyer, Yes, Ford has to show the burden of proof that a given modification has damaged the engine. HOWEVER, Ford can, and obviously will, void and stop your warranty/warranty work if they make that determination. Now, for the customer to find out how Ford went about determining the cause of the failure as being related to an after market part/tune, you have to call their bluff. In other words, you have to put up some money to see the results. You have to get a lawyer, go into mediation and at that point, Ford will take the time to explain it to you through their engineer and their lawyers. If you and the arbitrator disagree with Ford's findings, it's off to court you go.

Someone correct me if I am wrong. Where you hear stories of people simply mentioning the MMWA and getting their cars fixed is when a dealer is saying that since you put on a different oil filter, you voided you engine warranty and that different filter is what caused your engine to blow up. Or, you have a head gasket blow and it fries a head. But since you had headers installed, they try to blame the failure on the headers.

If you go installing a tune, you're taking a potentially expensive chance. 99.5% of the folks out there will never have an issue with using after market tunes from a reputable place. It's those folks who use tunes from a local tuner who knows very little about the new Coyote PCM that are REALLY risking it all. That's why I went with a tune from a mass marketer of tunes like AM or BBR. They have the volume of cars and the interest of their own business success to ensure they have plenty of experience with their tunes. And they have the cars they write tunes for for the most part.

Gotta use some common sense in this folks. The MMWA doesn't provide protection, and was never meant to provide protection, for car enthusiasts who change so many variables about how their engine performs. It was meant to protect people from getting FORCED into buying OEM parts for their cars. As long as after market parts meet or exceed OEM specs, then they won't have an issue being used. This doesn't apply to tunes.

Mass marketer of tunes has nothing to do with whether they are good tunes or not. Nor does being a "small shop" mean the tunes aren't as the more "marketed" shops.

Some of you guys have no idea how some shops started out or how tiny some manufactures shops really are.
 

VTXFrank

Obama SUCKS!
Joined
Sep 29, 2010
Posts
8,217
Reaction score
69
Location
Santa Rosa Beach, FL
Mass marketer of tunes has nothing to do with whether they are good tunes or not. Nor does being a "small shop" mean the tunes aren't as the more "marketed" shops.

Some of you guys have no idea how some shops started out or how tiny some manufactures shops really are.

The overall intent of what I said must not be clear. Make sure you pick a shop, large or small, that has the experience and know how to properly tune your vehicle. Well known places are usually your best bet. But even well known shops, large or small, which have a history of being great tuners can get a shitty tune to you if they've not had the experience, or the volume of cars to tune to gain that experience, that other, more widely known shops do.

Is that good enough for ya?
 

Mach1Marauder

LARGE MEMBER
Joined
Jul 30, 2010
Posts
666
Reaction score
1
Location
Phoenix, DFW or a trailer at the track
The overall intent of what I said must not be clear. Make sure you pick a shop, large or small, that has the experience and know how to properly tune your vehicle. Well known places are usually your best bet. But even well known shops, large or small, which have a history of being great tuners can get a shitty tune to you if they've not had the experience, or the volume of cars to tune to gain that experience, that other, more widely known shops do.

Is that good enough for ya?

Yup FrankyPoo!:thumb2::roflmao::roflmao:
 

Support us!

Support Us - Become A Supporting Member Today!

Click Here For Details

Sponsor Links

Banner image
Back
Top