someone actually beat Subaru in court over warranty

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Old Dec 1, 2004 | 11:15 AM
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someone actually beat Subaru in court over warranty

Got this off of somethingawful.com

tl;dr can go screw themselves.. read it, its good info

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[1] In May 2004, I began to notice a slight loss of synchro while shifting into 5th gear under engine load. Over time this condition became worse. There is a known issue that affects 5% of the 2004 STI transmissions regarding the 5th gear synchro. The hardness of the dogs is insufficient, allowing for rapid wear.

[2] (Significant side note) I took the car in to West Houston Subaru for an inspection in March, 2004. The inspection took 8 hours for them to perform.(?)

[3] I took the STi in for service of the 5th gear synchro in June, 2004 after realizing the issue was mechanical and not fluid related. West Houston Subaru promptly refused my service. The lazy-eyed ******* service manager told me that I need to take it back to where I purchased the vehicle from.

[4] Pissed to the extreme, I then took my vehicle to Gillman Subaru, North Houston. They accepted it for service and estimated 2 weeks to get the transmission serviced in a New Jersey North American operations depot.

[5] 2 days later, Gillman Subaru service calls me and tells me that I need to come in and speak with a Regional Service Manager on a particular date at a particular time. They will not discuss the details on the phone, and they also tell me that if I miss the appointment the car will not be serviced.

[6] I make my appointment and asked the requisite "What the ****?" question. The regional service manager informed me that my factory warranty is voided. Kaput. What I found funny is that he had 2 shop mechanics standing by the door as if he needed a heavy hand - in case I decided to tear out his throat. His presumption was indeed correct, however I maintained my composure - barely. The reason why my warranty was voided was revealed to me in a series of photos that were taken of a K&N Typhoon cone filter system that I installed on the car. They did a FYAD-esque photo shoot on the filter, each successive picture magnifying the K&N assembly up to the cotton fibers, and a wide shot that included the stamped VIN on the firewall. Yes, Subaru stamps the VIN all over this car, near every performance related part.

[7] They handed me my keys and escorted me out the door before I could say Manguson-Moss. They told me to direct any questions to Subaru of America.

[8] I hired Bruce Baughman, possibly one of the most kick-*** consumer attorneys in Houston, and Texas for that matter.

[9] Bruce filed suit against Subaru of America Warranty Service department, and against the Regional Service Manager. The attorney filed suit against him because he said something about his actions regarding our conversation on the day of our meeting were not indemnifiable by Subaru of America - I think it was regarding a "Prudent Man" issue. Not too clear on that...

[10] Attempts at mediation failed. Trial was held in October, 2004. Our suit pleading was for: 1)Factory Warranty restoration plus an extension of 2/24,000, and full repairs conducted as per my original request. 2)Compensation for legal fees. 3)Compensation for my inconvenience related to all of my wonderful dealer experiences, grief, pain, suffering, vaginal cramping, time lost, millage driven, etc. to the tune of $6,000.00 .

[10] The ***gots at Subaru attempted to argue that my air filter increased the horsepower and torque load beyond the maximum specifications of what the motor and transmission could handle. My attorney was brilliant in his return argument. He retorted that: 1) The transmission was the same model that was used on higher HP/TQ applications, and he had "obtained" specifications that backed up this fact. 2)The ECU prior to reflash was advancing timing to a very high level, which could increase horsepower/torque and cause damage, as per their standpoint regarding engine output, 3)The filter assembly replacement and hoses did not violate factory warranty as per their own written definitions (deep, slimy legal stuff.) The reader should also realize that Texas law favors the end consumer over the manufacturer.
edit: 4) There was evidence of a recurring 5th gear syncro failure issue in the 6MT. NASIOC members and ClubWRX members were kind enough to send me service records.

[11] Subaru was unwilling to settle, so we went all the way to the decision and awarding hearing. Subaru's attorney caved in at the last minute (everybody knew that they were going to lose, anyway) and made an offer at 7:55AM in the morning before the docket was called. The offer was palatable, however somewhat ****ed up. 1)Subaru would buy back my car for what I owed on it, and compensate me for my time lost at work, etc. 2) Subaru would pay my legal fees.
3) I would sign a statement agreeing that Subaru was not at fault in this incident, and they were performing customer satisfaction at their own sacrifice or some bull**** bleeding heart statement similar to that. It also stated that they "preferred" to not do business with me in the future.

I took the settlement, and got the **** out of Subaru ownership. I sincerely hope that no one never has to undergo the bull**** that I had to endure with my car. Many people have fought against Subaru and failed, so I really consider myself fortunate to have scored a victory against the evil empire, yada-yada. I advise that you new or potential WRX, STi, Forrester XT or Legacy GT guys think about your purchase and or improvements to your vehicle before you make them, because it could get you in a bind later, should you cross the SOA line.

Last edited by Max Xevious; Dec 1, 2004 at 11:22 AM.
Old Dec 1, 2004 | 11:23 AM
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...3) I would sign a statement agreeing that Subaru was not at fault in this incident, and they were performing customer satisfaction at their own sacrifice or some bull**** bleeding heart statement similar to that. It also stated that they "preferred" to not do business with me in the future...
good for him. that last part is kind of harsh though.


[10] The ***gots at Subaru attempted to argue that my air filter increased the horsepower and torque load beyond the maximum specifications of what the motor and transmission could handle. My attorney was brilliant in his return argument.
and that just really cracks me up.
Old Dec 1, 2004 | 11:23 AM
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wow.. just wow...
Old Dec 1, 2004 | 11:24 AM
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I hope we start seeing more of this happen all over, and Subaru have to honor the warranty on legit mechanical failure

but of course, we will always have the stupid kids around that try to screw the system, and the rest of us as well
Old Dec 1, 2004 | 11:44 AM
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And, as we all know, an intake adds a lot of HP to a STI. Tranny smashing powar!
Old Dec 1, 2004 | 12:01 PM
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oh nose... we lost a valid Suby member

Old Dec 1, 2004 | 12:08 PM
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Are all car manufacturers like this? Or are they worse than Subaru?
Old Dec 1, 2004 | 12:12 PM
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from what i've heard, VW is as bad or worse.

IMHO, a lot of the warranties being voided because of mods or racing are being voided for legit reasons. it's cases like this where the warranty is being denied over something as simple as a air intake (which are proven time and time again to add little, if any, HP) that are just wrong.
Old Dec 1, 2004 | 01:01 PM
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it's great that he "won" the case....but if you think about it, SOA does not have to own up to any design flaws or bad service. those forms he signed means that we haven't made much legal progress in terms of fighting subaru warranty denials.
Old Dec 1, 2004 | 01:13 PM
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Originally Posted by doughboy
it's great that he "won" the case....but if you think about it, SOA does not have to own up to any design flaws or bad service. those forms he signed means that we haven't made much legal progress in terms of fighting subaru warranty denials.

I consider it a win because there was not a counter suit for $75k like other people :P
Old Dec 1, 2004 | 01:15 PM
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on that ground, then yes. but as for setting legal precedence, it doesn't count as a "win."

subaru made sure of that...
Old Dec 1, 2004 | 01:47 PM
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thats true.. but if you press the issue and stand your ground, Subaru will cave and take responsibility

funny they did not want a judgement, I would have made sure not to settle with them just for that reason
Old Dec 1, 2004 | 02:34 PM
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Originally Posted by Scott@S-S
funny they did not want a judgement, I would have made sure not to settle with them just for that reason
a judgement in the owner's favor would've been devastating to subaru, not b/c of the monetary damage in this case, but b/c it would open the door for so many other claims.
Old Dec 1, 2004 | 02:58 PM
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I am suprised he settled, I would have wanted the judgment. You think his attorney would have known that
Old Dec 1, 2004 | 03:09 PM
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Originally Posted by Scott@S-S
I am suprised he settled, I would have wanted the judgment. You think his attorney would have known that
What does he care? He got what he wanted out of the issue and no longer owns a Subaru so for him, the judgement would have only served to prolong the impact to him.

He went for a hit it and quit it solution - probably at the advise of his attorney because he does not get his cut until the situation was resolved anyway.



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