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Hey guys, looking for a bit of input, I am trying to keep calm, but I am becoming very irate with Nissan as well as their legal team. As you have seen in my previous posts, I am battling Nissan on a tranny failure from this summer and their inherent denial of the claim simply based on the black box data. They never even pulled the tranny nor investigated any of the known TSB's. If they would have they would have found a circlip failure as well as other known issues. I have engaged an attorney and have filed an FTC claim. I have been nothing but calm up to this point and although I had the means to fix and enhance the tranny myself (which I did), I still find this extremely frustrating particularly that they now have made the claim that they do not have to comply with the Mag Moss Act due to the section of the warranty in the 2010 manual that discusses ECU and computer modifications. Here is an abbreviation of the correspondence from my attorney. I like the position he rebuts them with, that modifying the ECU does not wash their hands of any and all liability, but just the fact that they are making that claim tells me a lot about how little respect Nissan has for their customers (particularly high end car customers such as myself). I know many nagtroc participants have had their tranny's replaced that had ECU mods and far greater bolt on mods then mine. I wonder if anyone has had any additional experience with this ECU argument and what was the result. It seems to me they are really reaching on this argument. Please let me know your thoughts or experience.
Attorney Correspondence:
"Late yesterday I had the opportunity to speak with Nissan's attorneys. They said Nissan's position is that your ECM Tune, not any aftermarket parts, is what caused the warranty to be voided. They forwarded to me the attached section from your warranty which expressly states (in the box in the middle) that any mods to the ECM voids all coverage. I communicated to them that it was our position that this was the same as a part modification. In other words, unless Nissan could prove the ECM Tune caused your transmission failure they could not deny coverage based on the tune alone. The analogy I used was a situation where a Maxima part was installed on your GT-R at the factory by mistake. You then do an ECM Tune and subsequently the Maxima part causes a catastrophic failure of the car. I doubt Nissan could point to the ECM Tune to deny warranty coverage for the incorrect use of the Maxima part. Bottom line, without actually determining the cause of the problem, they could not deny coverage. I also told them that you spent a lot of money for the car and had already filed an FTC complaint and were not going to let this go until they made it right. I strongly encouraged them to go back to Nissan and get them to do the right thing to get matters resolved."
Attorney Correspondence:
"Late yesterday I had the opportunity to speak with Nissan's attorneys. They said Nissan's position is that your ECM Tune, not any aftermarket parts, is what caused the warranty to be voided. They forwarded to me the attached section from your warranty which expressly states (in the box in the middle) that any mods to the ECM voids all coverage. I communicated to them that it was our position that this was the same as a part modification. In other words, unless Nissan could prove the ECM Tune caused your transmission failure they could not deny coverage based on the tune alone. The analogy I used was a situation where a Maxima part was installed on your GT-R at the factory by mistake. You then do an ECM Tune and subsequently the Maxima part causes a catastrophic failure of the car. I doubt Nissan could point to the ECM Tune to deny warranty coverage for the incorrect use of the Maxima part. Bottom line, without actually determining the cause of the problem, they could not deny coverage. I also told them that you spent a lot of money for the car and had already filed an FTC complaint and were not going to let this go until they made it right. I strongly encouraged them to go back to Nissan and get them to do the right thing to get matters resolved."
