What is the name of your state (only U.S. law)?
Wisconsin
August, 2009, I needed a new transmission, called around for quotes, and took it to the shop that had the most reasonable price that included a warranty.
Rebuilt tranny installed, paid for services and received an nicely-printed invoice describing the services performed and warranty details on the front, and warranty conditions on back. Inquired with shop owner about how to obtain warranty service if out of town, and he said all I would have to do is take it to any member of [the organization], and the work will be covered under the warranty terms. Wrote down the organization's name on the invoice, had him sign it, all was good.
January, 2010, broke down on the Interstate. Had it towed to the nearest shop for service. Was told that it was something to do with the transmission, and might be the fault of the transmission place, but they wouldn't be able to know for sure until they opened it up further. I agreed to proceed with repairs and paid out-of-pocket.
Turns out, the transmission place only replaced HALF of the bolts that connect the transmission to the engine, and this is what caused the breakdown on the Interstate. Confirmed this with all 4 mechanics at the shop I had it fixed at. Then proceeded to contact other local transmission shops that are members of [the organization], contacted vehicle manufacturer, physically went to a local dealership to look at the parts and diagrams, and made sure there's absolutley no other way the bolts could've magically disappeared, broken, dropped, etc. All the professionals will be happy to go on record of this if it goes to court.
While I'm making copies and preparing my evidence to bring to the transmission place, I discover that the warranty I paid for wasn't even valid because the shop was supposed to have given me a certificate of warranty. I called the company that issues the warranty and confirmed it with them, that this networks of shops who are members of [the organization] will always require this warranty certificate in order to even begin repairs. So the transmission shop fraudulently gave me this "warranty."
I have to start by approaching the business to demand reimbursement of the repairs. Then I have to demand my warranty. I am almost certain I will be laughed out of the shop and have to take it to small claims court. I will be filing complaints with the BBB and the Bureau of Consumer Protection that enforces the consumer protection laws, but I am wondering what kind of fraud this may be, what the laws are regarding warranties and faulty labor, and if I'm entitled to damages such as recovery of towing, rental reimbursement, and my time. And then the issue of the warranty, how I can recoup the value of a fraudulent warranty issued to me, or will I just have to take them to court if anything else breaks within the warranty period? How do I fix what they messed up?
Oh, and in case someone is wondering why I did not call the transmission shop when the car first broke down is because neither I nor the shop that did the repair could be certain what the cause was until they had everything apart- and at that point, the transmission shop would tell me to take my vehicle to them or another shop that is a member of [the organization] to have it serviced under warranty, which I would then need to tow it, and still pay the repairing shop for the labor they put into my vehicle. It would get expensive, taking out a transmission takes a lot of time, and labor isn't cheap! Plus, not having the warranty be valid, the work wouldn't have been covered anyhow, and it's a good thing I chose to have it fixed at the place I had it fixed at!
Any help is much appreciated.
Wisconsin
August, 2009, I needed a new transmission, called around for quotes, and took it to the shop that had the most reasonable price that included a warranty.
Rebuilt tranny installed, paid for services and received an nicely-printed invoice describing the services performed and warranty details on the front, and warranty conditions on back. Inquired with shop owner about how to obtain warranty service if out of town, and he said all I would have to do is take it to any member of [the organization], and the work will be covered under the warranty terms. Wrote down the organization's name on the invoice, had him sign it, all was good.
January, 2010, broke down on the Interstate. Had it towed to the nearest shop for service. Was told that it was something to do with the transmission, and might be the fault of the transmission place, but they wouldn't be able to know for sure until they opened it up further. I agreed to proceed with repairs and paid out-of-pocket.
Turns out, the transmission place only replaced HALF of the bolts that connect the transmission to the engine, and this is what caused the breakdown on the Interstate. Confirmed this with all 4 mechanics at the shop I had it fixed at. Then proceeded to contact other local transmission shops that are members of [the organization], contacted vehicle manufacturer, physically went to a local dealership to look at the parts and diagrams, and made sure there's absolutley no other way the bolts could've magically disappeared, broken, dropped, etc. All the professionals will be happy to go on record of this if it goes to court.
While I'm making copies and preparing my evidence to bring to the transmission place, I discover that the warranty I paid for wasn't even valid because the shop was supposed to have given me a certificate of warranty. I called the company that issues the warranty and confirmed it with them, that this networks of shops who are members of [the organization] will always require this warranty certificate in order to even begin repairs. So the transmission shop fraudulently gave me this "warranty."
I have to start by approaching the business to demand reimbursement of the repairs. Then I have to demand my warranty. I am almost certain I will be laughed out of the shop and have to take it to small claims court. I will be filing complaints with the BBB and the Bureau of Consumer Protection that enforces the consumer protection laws, but I am wondering what kind of fraud this may be, what the laws are regarding warranties and faulty labor, and if I'm entitled to damages such as recovery of towing, rental reimbursement, and my time. And then the issue of the warranty, how I can recoup the value of a fraudulent warranty issued to me, or will I just have to take them to court if anything else breaks within the warranty period? How do I fix what they messed up?
Oh, and in case someone is wondering why I did not call the transmission shop when the car first broke down is because neither I nor the shop that did the repair could be certain what the cause was until they had everything apart- and at that point, the transmission shop would tell me to take my vehicle to them or another shop that is a member of [the organization] to have it serviced under warranty, which I would then need to tow it, and still pay the repairing shop for the labor they put into my vehicle. It would get expensive, taking out a transmission takes a lot of time, and labor isn't cheap! Plus, not having the warranty be valid, the work wouldn't have been covered anyhow, and it's a good thing I chose to have it fixed at the place I had it fixed at!
Any help is much appreciated.
