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Considering class-act lawsuit against Mitsubishi

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Old Apr 12, 2005, 01:41 PM
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Considering class-act lawsuit against Mitsubishi

I was hoping there may be an attorney on the site that may be able to help me decide. I just apparently screwed my tranny. I figured it was from my driving and/or mods but now realized that it is actually a clearance issue from the factory. Here is a link to the same exact problem that I have.

https://www.evolutionm.net/forums/sh...smission+whine

I honestly don't mind paying to have Shepherd fix the tranny. I would have probably grenaded the tranny later anyways from my own mistakes and or modifications but considering this is a factory defect anyone would assume mitsu would fix it under warranty. I just talked with the service manager and he talked with the regional rep and said that due to my aftermarket parts installed they will not cover the warranty. They didn't even look inside the tranny to decide what the problem is. Under the Magnus-Moss Warranty act the are obligated to repair any item under thier said warranty unless a specific aftermarket part caused the failure. They would also need to provide proof that the said aftermarket part caused the failure. They have pictures of my engine bay which show a boost controller, an exhaust, an intake manifold and intercooler/piping, and a few splices in the wiring near the ECU. I dont see any of those parts being capable of destroying a transmission... especially considering I can measure the clearance of the part that caused the failure that was improperly installed from the factory.

I am waiting back now to see which exact part caused the transmission warranty to be voided. I also just realized that there are probably ALOT of people that are having warranties voided just because they may have a few aftermarket parts that in reality are mitsubishi's fault. I also remember that one of Mitsubishi's best selling car (The 2nd Gen Eclipse) has a serious engine fault causing "crank walk" due to bearing issues. Mitsubishi is still denying any coverage for any person that has that problem. This leads me to the whole class act lawsuit against Mitsubishi Motors America. If any person that has been denied a warranty claim and any person that has a 2nd Gen eclipse that experienced crank walk would all need to be compensated. This would also make sure that people get the correct service they deserve. It would ensure that no dealership could deny warranty on anything just because they have an exhaust, it would ensure that all people get an honest look at thier vehicle and the dealership would honestly try to figure out if the part actually caused the damage or not. Therefore, people that have boost controllers and AFC's and such would lose thier Engine warranty but not neccessarily thier Front Differential or Transmission or transfer case or even the clutch unless they concluded that through sheer power, these items broke. But in a case like mine, where the transmission if obviously incorrect from the factory, they would cover it after measuring the problem, no matter what parts I have installed.

At any rate, if there is an attorney that may be able to help, let me know. Also, let me know how many people would be willing to help and or join in the class act lawsuit against Mitsubishi Motors America. I will be posting this thread on a few different forums so that all people that have had problems with Mitsubishi can get a chance to make it better. I know there are alot of Evo owners and 2nd Gen Owners that have been improperly dealt with. Hopefully we can make the difference!

I have not yet chosen a lawyer to represent me, and/or us, but if enough people get on board with this we should be able to get a lawyer starting up on it very quickly.
Old Apr 12, 2005, 01:45 PM
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Good luck
Old Apr 12, 2005, 01:53 PM
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Any part that would make the car make more power would be grounds to void the warranty. I am sure you dont have any of those. Get over it dude. Pay to play.
Old Apr 12, 2005, 02:00 PM
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Like I said, I dont mind paying at all. I already pulled the tranny to get it built. The problem that I have is if the part was improperly assembled by mitsu from the get-go. They should cover the cost to fix it. They obviously won't but thats not the point. If they say any power adder will void a transmission warranty then they would need to actually figure out exactly how much power the tranny can take before it would blow. It gets very complicated. And who is to say what parts = power and what dont? Would a cat-back void the transmission warranty? I mean that would be rediculous. Im making it class action so that people that have had problems with Mitsu UNFAIRLY declining warranty that they get treated properly. Im not trying to make it so people that have the amount of mods that my car does to get free motors every time they blow em. Or free transmissions everytime they blow them. But it mitsu screwed up making something, they should fix it.
Old Apr 12, 2005, 02:01 PM
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Originally Posted by 94AWDcoupe
Any part that would make the car make more power would be grounds to void the warranty. I am sure you dont have any of those. Get over it dude. Pay to play.
I agree that it's pay to play but when it comes to defect
.

I'm 99.9999 % sure his warranty would have be voided even if the car was stock.
Old Apr 12, 2005, 02:04 PM
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Originally Posted by 94AWDcoupe
Any part that would make the car make more power would be grounds to void the warranty. I am sure you dont have any of those. Get over it dude. Pay to play.

Kind of harsh words. I mean if the mods caused the problem well warranty should be voided. Now if the parts in question didn't cause it then Mitsu should take responsibility.
Old Apr 12, 2005, 02:11 PM
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Finally some people that understand I am not at all one of those guys that mods my car and then breaks it and expects Mitsu to pay for it. However, when it comes to a faulty part that they produced failing and the reason it failed is thier screw up... they should fix it. I mean, what about if my power locks quit working, warranty void because I have more power now? I really could care less about their damned warranty. Its mainly the way i was treated. They said the district rep looked at my car last time it was in for service. I always sit with my car when the stealership touches it and the only guy there was the tech working on it.... I pulled it in and pulled it out. The tech took the pictures and I told him he missed some stuff that he should document, I thought it was funny. The point is there are a TON of people that should have stuff fixed under warranty that mitsu declines. There are just as many that they do decline for rightful reasons. It sucks but it is part of the business.
Old Apr 12, 2005, 02:12 PM
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it pays to play?waht the F**K. Why dont people that have nothing constructive to say just keep quiet. They should fix it but there Jack asses. If it was a eclipse they would fix it. Iam not tryin to star trouble but if you dont have any thing to say that will help this guy out just shut up. I guess either you have a *** load of money, you drive a rally art. Or you have more ***** then me and you just dont give a F**K about a warrenty.
Old Apr 12, 2005, 02:16 PM
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If this is the case, then how can the BR330 and BR350 retain the factory warranty. They are being sold at Medina Mitsubishi in OH. You can find that thread on here somewhere. They are making more than the stock hp, with performance statistics in the brochure, yet stil retain the factory warranty. SO, I wonder what will happen when the Transfer case of tranny messes up on them. My guess is they will say it has been modified, therefore no warranty. If not, then alot of other people are getting screwed.

Brian
Old Apr 12, 2005, 02:18 PM
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Yet another valid point
Old Apr 12, 2005, 02:22 PM
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love evo, hate mitsu. i sympathize, had same problem, was denied warranty bec i have

after market evo emblem among others.
Old Apr 12, 2005, 02:26 PM
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Originally Posted by TURBODAWG
If this is the case, then how can the BR330 and BR350 retain the factory warranty. They are being sold at Medina Mitsubishi in OH. You can find that thread on here somewhere. They are making more than the stock hp, with performance statistics in the brochure, yet stil retain the factory warranty. SO, I wonder what will happen when the Transfer case of tranny messes up on them. My guess is they will say it has been modified, therefore no warranty. If not, then alot of other people are getting screwed.

Brian
The Buscher cars DO NOT RETAIN THE FACTORY WARRANTY. They are warrantied by MEDINA MITSUBISHI ONLY.
Old Apr 12, 2005, 02:26 PM
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I just talked with Roy from Medina Mitsubishi. He says both versions of the Buschur cars come with the full warranty. He is double checking his Regional Rep to make sure there is no problem at all with the warranty. Right now he said he thinks his name is Doug. I guess if Doug says the parts dont cause warranty voiding, then it would be a rep battle between the two? LOL. This company is funny.
Old Apr 12, 2005, 02:30 PM
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Originally Posted by TrinaBabe
If they say any power adder will void a transmission warranty then they would need to actually figure out exactly how much power the tranny can take before it would blow.
It is far from complicated. They already figured it out. It is the factory flywheel horespower rating. If an exhuast adds power, it also adds stress. They felt that the transmission would last through the duration of the drivetrain warranty at the as-delivered engine output. If a modification creates 1hp, their position is justified and sound. You will not win.

BTW, it's "class action" not "class act".
Old Apr 12, 2005, 02:32 PM
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Good luck. I hope things work out. It seems like you have the right attitude of how the customer/oem service relationship should work.


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