FTC Sued Over Changes To Certified Pre-Owned Designation

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The Center for Auto Safety along with five other consumer and safety groups have filed a lawsuit against the Federal Trade Commission (FTC) over its recent decision to permit dealerships to advertise a vehicle as Certified Pre-Owned (CPO) despite having open recalls. The FTC reached an agreement last year with General Motors and two other dealerships, allowing them to advertise automobiles as “certified pre-owned” even though they might have an issue related to a safety recall that still needs to be fixed. The agency did require the companies to disclose any uncompleted safety recalls to the buyer.

The groups suing the FTC say that dealerships could previously sell vehicles with dangerous, unaddressed safety recalls, but allowing them to designate them as CPO will permit unscrupulous auto dealers to engage in false and deceptive advertising about the safety of the vehicles they are selling.

2016-2017 Chevrolet Cruze May Not Meet Crash Protection Standards

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General Motors has decided that certain 2016-2017 Chevrolet Cruze vehicles may fail to conform to the Federal Safety Standards for crash protection. According to the defect report, a bracket used in the driver and front passenger seat back recliner mechanism may have been incorrectly welded to the seat back frame. During a crash, the front seat head restraints could separate, increasing the risk of injury to occupants.

Those receiving notices will be asked to return to their dealerships to have the front passenger seats inspected and replaced as necessary. Owners wanting more information about the problem are asked to contact Chevrolet customer service at 1-800-222-1020. GM’s number for this recall is 17035 and the NHTSA campaign number is 17V-057.

2015-2016 Nissan Altima Rear Doors Could Unexpectedly Open

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Nissan will be asking owners of certain 2015-2016 Altima vehicles to return to their dealerships to correct a problem affecting the rear door locks. According to the defect report filed with the NHTSA, Nissan was notified of an incident involving a rear door that unexpectedly opening while the vehicle was in motion. Further investigation found that during the rear door trim panel installation process, the latch lock cable may have been routed incorrectly. Under certain conditions, the cable may interfere with the window regulator causing the rear passenger door to unlatch and open when the window is lowered.

Nissan will notify owners and dealers will correct the rear door latch/lock cable routing. Owners wanting more information about the problem are asked to contact Nissan customer service at 1-800-647-7261. The NHTSA campaign number for this recall is 17V-040.

Used Car Buyers Beware! Read This First Before You Buy!

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Buying a used car has become a complex ordeal. Franchised and independent dealers, rental companies, leasing companies, car superstores, and online sellers compete to bring in customers by promising the best prices, better warranties, and certified pre-owned (CPO) vehicles. In most cases, CPO vehicles have been subject to a rigorous, multi-point inspection and can be expected to operate almost as good as new. Certified pre-owned can mean different things to different dealers, but a manufacturer CPO usually has higher standards than most independent used car lots.

New changes in the Federal Trade Commissions (FTC) used car rules could mean that a CPO vehicle may not always be safe. Last months changes will make it easier to label vehicles as “Certified Pre-Owned,” even if it is under recall and has not been fixed. These changes came as a result of the Takata airbag defect and its unprecedented 60 million airbags recalled. The lack of replacement parts has dealers first replacing airbags most likely to cause harm, while others may have to wait years before they can get repairs done. Given the situation, the Federal Trade Commission said dealers may advertise used vehicles as certified even if their airbags were under recall, as long as the problem has been disclosed to the buyer. Continue reading →

2014 Ford Focus Buyback For Transmission Problems

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The owner of a 2014 Ford Focus contacted the Law Offices of Delsack & Associates P.C. for advice after her dealership was unable to fix her vehicle. The Focus had been out of service for over 43 days with four (4) unsuccessful repair attempts on the transmission and clutch assembly. Transmission problems affecting Fords Focus and Fiesta cars are well known and have resulted in the manufacturer extending the warranty on the seals, dry clutch, and TCM reprogramming. Continue reading →

Audi 2.0L TFSI Engine Overheat Warning

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The owners of certain Audi vehicles equipped with 2.0L TFSI engines, will be contacted by the manufacturer regarding a problem affecting the engine and its cooling system. According to the defect report filed with the NHTSA, the coolant pump could become blocked by debris from the cooling system. If this happens the pump could overheat and cause a fire.

The vehicles affected by this defect include:

Audi has developed software which will deactivate the power supply to the coolant pump, if the pump becomes blocked. The driver will be notified of the blockage through an illuminated Malfunction Indicator Light (MIL). Owners wanting more information about the problem are asked to contact Audi customer service at 1-800-253-2834. Volkswagen’s number for this recall is 19M1 and the NHTSA campaign number is 17V-002.

Porsche Boxster, Cayman & 911 Seat Mounted Airbag Failure

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Porsche will be contacting the owners of certain 2017 718 Boxster, 718 Cayman, and 911 vehicles regarding a defect affecting the seat mounted side air bag inflators. According to the defect report, Porsche may have been supplied with air bag initiators with deviations in the generant mix ratio. If the mix ratio does not meet specification, the initiators may not function properly, possibly leading to a non-deployment condition during a crash.

Owners receiving notices will be asked to return to their dealers to have the affected air bag modules replaced. For more information about the problem, owners are asked to contact Porsche customer service at 1-800-767-7243. Porsche’s number for this recall is AG10 and the NHTSA campaign number is 16V-946.

NHTSA Says Drivers Of Autonomous Cars Must Pay Attention

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An investigation into a fatal crash involving a Tesla Model S autopilot system has safety regulators warning drivers to not use semi-autonomous cars as if they were fully self-driving. The investigation began after a driver using autopilot in a 2015 Tesla Model S died when the car failed to spot a tractor trailer crossing its path. The National Highway Traffic Safety Administration (NHTSA) blamed the driver of the vehicle because he ignored the manufacturer’s warnings to maintain control even while using the driver-assist function. The NHTSA said it found no defects in the vehicle and would not issue a recall.

Just last year, the NHTSA released guidelines to ensure vehicle safety without slowing the development of semi-autonomous and self-driving cars. The agency says self-driving features could dramatically reduce traffic deaths by eliminating human error, which plays a role in 94 percent of fatal crashes. Although Tesla has maintained that autopilot was not responsible for the drivers death, it issued a number of over-the-air updates to the software to increased use of radar sensors and have added a feature that would disable autopilot if drivers took their hands off the wheel too many times.