NHTSA Opens Defect Investigation into Honda Odyssey for Defective Airbags

The National Highway Traffic Safety Administration ("NHTSA") has reportedly opened a defect investigation into the airbag system of some 320,000 2003 - 2004 Honda Odyssey minivans.  The question?  Whether the minivans should be recalled for spontaneous deployment of the airbags.

Reports indicate that NHTSA has received 6 complaints of spontaneous airbag deployment from 6 owners of 2003-2004 Honda Odyssey minivans, resulting in 3 injuries.  Reportedly, the airbags in these vehicles deployed when the vehicles were in operation, but not involved in a collision.  NHTSA has also reportedly received an additional 41 consumer complaints alleging that their vehicle's airbag light illuminated. 

Airbag problems are not new for Honda.  In fact, recent airbag recalls for Honda involved 426,000 2001-2003 Honda Civics, 43,000 2002-2003 Honda CR-Vs, and 92,000 2002 Honda Odyssey minivans.  For more information regarding these recalls, or to access these recalls online click here, and enter the year, make, and model of vehicle. 

But Honda is not the only auto manufacturer dealing with airbag problems recently.  In fact, Toyota, Nissan, Mazda, Chrysler, General Motors, and BMW were all involved in a recall of over 3 million vehicles worldwide earlier this year.  In October, 2012, Chrysler recalled more than 920 vehicles worldwide relating to improper airbag deployments in 2002-2003 Jeep Liberty SUVs and 2002-2004 Jeep Grand Cherokees.  In January, 2013, Toyota recalled almost 900,000 vehicles relating to improper airbag deployments in 2003-2004 Toyota Corolla/Matrix and Pontiac Vibe vehicles.  General Motors has also recalled about 7,000 vehicles and NHTSA is currently investigating whether some additional 400,000 2012 Chevrolet Camaros, Cruzes, and Sonics and Buick Veranos should be included in the airbag recall. 

The root of the problem amongst all of these manufacturers?  All of these auto manufacturers use airbag supplier, Takata Corp.  And, the current defect investigations and recalls reveal how tied together the industry is when it comes to airbags, and how widespread the impact can be to consumers when a single supplier has a component defect.

If you have a vehicle impacted by a recent airbag recall or defect investigation and you are getting the run around at the dealership, or have had problems with your airbag that are still not fixed, then your should consider talking to a consumer law attorney in your state. You may be able to get out of an unsafe vehicle yet!  Click here for a free online 50 state list of consumer law attorneys.

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

How Manufacturers Are Trying to Avoid the Lemon Law

Instead of standing behind their warranties, and the vehicles that they build, most motor vehicle manufacturers have taken the easy way out.  What is the easy way out?  The easy way out for most motor vehicle manufacturers is "no problem found" or "operating as designed".  In reality, and in practice, it's just another way of saying we're not going to fix the problem that you're having with your car of truck; we're not going to stand behind your warranty and we are going to refuse to make any repairs.  

In fact, many motor vehicle manufacturers actually have a written agreement with their authorized dealers on how to handle intermittent problems or model wide problems that they do not know how to fix-- don't handle them at all.  And, under these agreements, the manufacturer typically can "cancel" the dealer's franchise agreement if they fail to follow the rules set by the manufacturer in performing warranty repairs.  

So, if you take your vehicle into the shop for repairs under warranty for an intermittent problem, it is highly unlikely that the dealership will even attempt a repair under warranty.  This is because most car dealers are required by manufacturers to verify or witness the defect occur before they can do any repairs under warranty.  And, if they do not verify the defect in a short test drive, then the vehicle will likely be returned to you unrepaired with "no problem found" written on the repair invoice.  This can be anywhere from frustrating to frightening for a consumer, depending on the severity of the defect.

Or, if you take your vehicle into the shop for repairs under warranty for a defect that is a model wide problem that the manufacturer does not know how to fix, then you will likely be told that the vehicle is "operating as designed" because another vehicle of the same year, make, and model on the dealership's lot exhibits the same known defect.  Again, this can be anywhere from frustrating to frightening for a consumer, depending on the severity of the defect.     

From where I sit as a lemon law attorney, the stance is puzzling to me.  What many motor vehicle manufacturers don't seem to realize is that if they actually let their dealers try to repair that "hard to find" or "hard to repair" defect, most consumers would be more forgiving, slower to file a lawsuit, and grateful for the help and the effort.  Instead, I routinely see many lifelong, brand loyal consumers refuse to ever buy that brand of vehicle ever again.  They are upset, angry, and looking for an explanation.  All they want is their vehicle to be fixed.  Instead, what they hear, the manufacturer telling them that they are imagining the problem or that the problem is simply normal when they know full well that it is not.

If you have been given the run around by your dealership and told "no problem found" or "operating as designed", and the problem is not fixed, consider talking to a lemon law attorney in your state.  You may be able to get out of that "lemon" vehicle yet.  Click here for a free online 50 state list of consumer law attorneys.  

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Is your Ford Truck a Lemon? - Transmission Shudder

Do you have a 2011-2013 Ford F150, F250, or F350 with transmission problems? Does your truck buck, surge, hesitate, or have a delayed shift? We have filed quite a few cases relating to "lemon" 2011-2013 Ford trucks with transmission problems. Ford Motor Company has issued at least one technical service bulletin ("TSB") for transmission problems in its 2012-2013 Ford trucks, but Ford does not seem to have a permanent fix for the problem.

Where does this put a truck owner? In a bad stop. The reason is that if you have had a technical service bulletin performed on your truck for a transmission shudder or similar problem, but the problem is not fixed, then you will likely be told that the truck is "operating as designed". You may even be shown another vehicle of the same make and model on the lot that has the same transmission problem. The end result is that, if there is no new TSB update for your truck, then you will likely be sent home with an unrepaired vehicle. 

 

Unfortunately, this same response seems to be a growing trend in the automotive repair industry. For most manufacturers, if you take your vehicle into the shop for repairs under warranty for a defect that is a model wide problem that the manufacturer does not know how to fix, then you will likely be told that the vehicle is "operating as designed" because another vehicle of the same year, make, and model on the dealership's lot exhibits the same known defect. It is a creative way to attempt to avoid Lemon Law liability, but is very unfortunate for consumers, who just want their vehicle fixed.

If your Ford truck has a transmission problems, you've been to the dealer for repairs, and it is still not fixed, consider talking to a lemon law attorney in your state. You may be able to get out of that "lemon" truck yet. Click here for a free online 50 state list of consumer law attorneys.

Beth Wells

www.BurdgeLaw.com
www.OhioLemonlaw.com
www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

　

　

Is your Ford Truck a Lemon? - "Death Wobble"

Do you have a 2011-2013 Ford F150, F250, or F350 with a "death wobble"?  If so, you may be surprised to know that you're not alone. 

A quick "Google" search online reveals various online forums, blog postings, and similar postings specifically related to a "death wobble" in Ford trucks.   In fact, an excellent video on youtube shows a Ford truck "death wobble" from both outside a truck and inside.  If you think that you may have experienced a "death wobble" in your Ford truck, or just want to see what it looks like, then click on the video to the left.

From where I sit as a Lemon Law attorney in Ohio, I am also seeing an alarming number of these trucks come through my doors.  Typically, the consumers experience the "death wobble" or "death shake" after going over a small bump in the road or a bridge.  When it occurs, the vehicle is extremely hard to keep on the road, making the "death wobble" clearly a safety concern.      

Given the widespread existence of a "death wobble" in Ford trucks, and the fact that the problem is obviously a safety concern, one would expect the problem to be addressed immediately at an authorized Ford dealer.  However, most consumers that I am in contact with are simply told that the Ford dealership was "unable to duplicate" the concern, or that there was "no problem found", and the vehicle is returned to the consumer unrepaired and unsafe to drive.  Why?  Because Ford, like most manufacturers, requires its authorized dealers to verify or witness a defect occur before they can do any repairs under warranty. So, if the mechanic does not verify the "death wobble" in a short test drive, then the vehicle will inevitably be returned to the consumer unrepaired with "no problem found" written on the repair invoice.  It is no surprise that this can be both frustrating and frightening for a consumer, given the severity of the "death wobble" defect.

 

If your Ford truck has a "death wobble", you've been to the dealer for repairs, and it is still not fixed, consider taking your vehicle into the dealership and requesting that the service representative ride along with you.  Take the vehicle to a bump or bridge where you have experienced the "death wobble" before.  If that doesn't work, then consider talking to a lemon law attorney in your state. You may be able to get out of that"lemon" truck yet. Click here for a free online 50 state list of consumer law attorneys.

Beth Wells

www.BurdgeLaw.com
www.OhioLemonLaw.com
www.KentuckyLemonLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

GM Tops J.D. Power Study for Best in Quality

A new study rates General Motors as #1 in quality over all other automakers worldwide.  The results of the Initial Quality Study, released by J.D. Power and Associates on June 19, 2013, measures the number of problems on 2013 cars and light trucks that buyers report after 90 days of ownership.

General Motors, as a corporation, ranked #1 with an average of 98 problems per 100 vehicles between its four brands GMC (2nd), Lexus (3rd), Chevrolet (5th), and Cadillac (14th).  In fact, General Motors was the only automaker with fewer than one problem per car.  General Motors is at the top of this annual study for the first time, while GMC and Chevrolet have broken into the top 5 for the first time ever.  Porsche topped the study by brand, followed by GMC, Lexus, Infiniti, and Chevrolet.

The Lexus LS sedan was reported as the most trouble free vehicle, with just 59 problems per 100 vehicles surveyed.  The vehicle was redesigned for 2013, and obviously consumers approve.

Lowest rated brands were Toyota's Scion, Chrysler's Fiat, and Mitsubishi.

J.D. Power has been conducting their Initial Quality study for 27 years, and redesigned/modernized the study for 2013.  Outdated questions, such as questions about cassette players, were replaced with questions about modern technical features, such as voice recognition.  Additionally, instead of sending paper questionnaires, J.D. Power randomly selected owners to respond online.  The study was based on 83,000 customers who bought or leased a 2013 model car or light truck, and included 233 survey of questions.

According to the study, almost 2/3 of problems reported on 2013 models were related to design defects rather than manufacturing defects.  Top problem areas were: (1) built-in voice recognition frequently doesn't recognize or misinterprets commands, (2) built-in bluetooth mobile phone/device frequent pairing/connectivity issues, (3) excessive wind noise, (4) materials scuff and/or soil easily, and (5) navigation system is difficult to use or poorly located.  According to the study, customers that reported a manufacturing defect said that the defect was fixed in the first visit 43% of the time.

Ford, who included the MyFordTouch system in their entire line of vehicles for 2013, was ranked #27.  Many owners find the system hard to use, and this is likely the reason for Ford's low ranking.  For this reason, it would certainly not be unexpected for Ford to take issue with the inclusion of design related defects in the study.

But, even the best manufacturers make mistakes.  So, regardless of where your car is ranked in this study, you may still have a "lemon" vehicle.  If you think that your 2013 car or truck is a "lemon" , then you should contact a consumer law attorney that specializes in Lemon Law to see if they can help get you out of your "lemon" car or truck.  Click here for a free online 50 state list of consumer law attorneys.   And act quickly- because for every legal right you have there is only a limited amount of time to file a lawsuit in court before your rights expire.

 

Beth Wells

www.BurdgeLaw

Helping Consumers Get Rid of Lemons, 9 Years Running

Chrysler Reconsiders NHTSA Request to Recall Vehicles

On Tuesday, June 18, 2013, just hours before its deadline to reconsider NHTSA's recall request, Chrysler agreed to recall 1.56 million 1993-1998 Jeep Grand Cherokee and 2002-2007 Jeep Liberty SUVs.  

After 2 years of research, NHTSA recently requested that Chrysler recall 2.7 million vehicles, due to an alleged safety defect relating to the placement of the fuel tank on the vehicles.  According to NHTSA, the design of the vehicles is defective because the fuel tanks are mounted behind the rear axle which could lead to the rupture of the fuel tank and an increased risk of fire during severe rear end collisions.  In response, Chrysler claimed that the vehicles in question are safe and not any more unsafe than any other vehicle of that era. 

2004 Jeep Grand Cherokee

NHTSA originally requested a recall of 2.7 vehicles, 1993-2004 model year Jeep Grand Cherokees and 2002-2007 model year Jeep Liberties.  However, in a deal apparently struck in a phone conversation between Chrysler CEO Sergio Marchionne and NHTSA administrator David Strickland, Chrysler is only being required to recall about 1.56 million vehicles.  So which vehicles were excluded from the recall?  About 1.1 million 1999-2004 Jeep Grand Cherokees, which are a different design that the earlier models.  And the deal gets better for Chrysler-- they don't even have to say in their recall that the vehicles are defective and they need only say that the modifications being made are effective for "low-speed impacts", not high speed ones.  

But the 1.1 million 1999-2004 Jeep Grand Cherokees will not completely be left out.  Instead, Chrysler has agreed to perform a "customer service action" for these vehicles.  They will get similar treatment as the recalled vehicles, but Chrysler will not have to include them in its recall numbers.


Has Chrysler finally "seen the light"?  Not likely.  Chrysler seems to have an unshakable attitude that it never builds vehicles wrong.  So why the change in position?  By striking this deal, Chrysler will avoid the bad publicity brought on by public hearings and their ongoing battle with NHTSA.  And, the move apparently was not too late, because according to Kelley Blue Book, "shopper interest has been unaffected" by Chrysler's standoff with NHTSA.


Own a Jeep Grand Cherokee or Jeep Liberty included in the recall?  Click here for more information from NHTSA on the upcoming recall.

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running

Car Shoppers Decisions Increasingly Driven by Social Media

Have you turned to your Facebook friends for comments before buying a car or deciding what dealership to go to?  If so, two recent studies suggest that you are not alone.  And, if these studies are on the mark, then the car buying and selling process may be in the middle of a significant evolution.

 

The first study, conducted by Digital Air Strike, a leading automotive social media and digital marketing service, surveyed more than 2000 car buyers and 650 automotive dealerships.  The study found that consumers nationwide are increasingly using online review sites before determining where to purchase a car.  In fact, 24% of consumers find online review sites the most helpful factor in deciding where to purchase a vehicle, while just 15% found car dealership websites most helpful.  The most popular review sites were Cars.com at 61%, Edmunds.com at 54% (most popular with older car shoppers), Google+ Local at 37% (dropping from a previous ranking in 2012 of 44%), Yelp at 14% (most popular with younger car buyers), and Yahoo at 11%.  The study found that there is a 43% probability that car shoppers will search for a local dealer on Facebook, and a 59% probability that a car shoppers will trust a review from a Facebook friend more than reviews on other sites. 

The second study, conducted by Ebay Motors, surveyed over 1,000 US adults.  The bottom line?  Generation Y, those born between 1980 and 2000, skip the showroom and turn to social media when purchasing a car.  In fact, a staggering 94% of Generation Y car shoppers turn to the internet when shopping for a new car or truck.  More than 33% use mobile devices, compared to 19% of older car shoppers.  And, only 13% prefer to visit dealerships when car shopping and 1 in 5 said that they would even be comfortable with going through the entire car buying process online.   

What does this mean for car dealerships?  If they want to keep or gain their market share, then they have no choice but to focus on online advertising, including Facebook.  Additionally, a car dealer's internet reputation may be just as important, if not more important, than word of mouth.  So, smart car dealers will likely begin focusing on online reputation management through firms like Digital Air Strike, if they have not already.      

 

Lesson learned for consumers?  Always consult online reviews of a local car dealership before purchasing a car.  This is especially true when purchasing a used car.  And, where you see negative reviews, be weary of similarly worded positive reviews that crop up around the same time-- there is nothing stopping a car dealership from posting "bogus" positive reviews in response to negative ones. 

So, before purchasing your new or used car or truck, take a look online at the reviews for your local car dealerships.  You may be surprised what you find.

Beth Wells

www.BurdgeLaw.com

Helping Consumers Get Rid of Lemons, 9 Years Running