Auto Care Insider Volume 88 - (Page 8)
GOVERNMENT
AFFAIRS
EDUCATING CONSUMERS ON THEIR
NEW CAR WARRANTY RIGHTS
THE Auto Care Association,
along with the Automotive Oil Change
Association, Tire Industry Association
and Service Station Dealers of America,
sent a letter in May to the Federal
Trade Commission (FTC) urging them
to force Kia to withdraw a Technical
Service Bulletin (TSB) and issue a
statement that use of aftermarket filters
will not void a new car warranty.
Here's why.
Consumer Reports (CR) recently
published a blog that appeared on
several prominent websites, including
Yahoo, warning motorists against
using non-original equipment oil filters
on Kia-produced vehicles. In the
posting, CR cites a TSB issued by
Kia that states: "Customer concerns
as a result of incorrect oil viscosity
or use of aftermarket oil filter should
not be treated as a warranty repair
and any related damage is not
warrantable, nor is changing engine
oil and filter to isolate this condition."
CR recommends to its readers that:
1. When dropping your car off
for service, make sure you
don't authorize the dealer
to perform repairs without
speaking with you first.
2. If your Kia is still under the
powertrain warranty, considering
taking it to the dealer for oil
changes. Yes, it probably costs
more than the quick-lube store,
8
AUTO CARE INSIDER |
VOL. 88
but you'll avoid any potential
problems with oil- and filterrelated warranty claims.
3. Consider buying Kia-approved
oil filters and either using them
when you do your own oil
changes, or have your mechanic
or quick-lube store use the
Kia filter and not their own.
Lost in the Consumer Reports
article or the Kia TSB is the fact that
the Magnuson-Moss Warranty Act
prohibits the conditioning of a new
car warranty on the use of an original
equipment part or service. Further,
the act places the onus on the vehicle
manufacturer not the consumer, to
demonstrate why the use of the non-OE
part caused the problem which resulted
in the need for a warranty repair.
Kia's directives circumvent this
process entirely: the mere presence
of an aftermarket oil filter automatically
voids warranty coverage for the oil
change parts and services, as well
as any damage Kia says "relates"
to oil filter function. Making matters
worse, Consumer Reports jumped on
the bandwagon, urging consumers
to adhere to the anti-consumer and
anti-competitive TSB from Kia.
The auto care industry must take
action to understand the current law
and to educate their customers that
car companies and their authorized
dealers on the Magnuson-Moss
Warranty Act and car owner's warranty
rights under the law. A great resource
for both industry and consumers can
be found on the FTC website: http://
www.consumer.ftc.gov/articles/0138auto-warranties-routine-maintenance.
The industry also should let us know
if you or your customers are subject
to misinformation or warranty threats
by the dealer or vehicle manufacturer.
Please email information on any
warranty related issues to Aaron Lowe
at aaron.lowe@autocare.org.
UPDATE
Consumer Reports responded swiftly to the letter from
the Auto Care Association, Automotive Oil Change
Association, Service Station Dealers of America and the
Tire Industry Association rebutting an erroneous article
about aftermarket parts voiding vehicle warranties. In
response to the letter sent May 29, Consumer Reports
published an article on June 9 on ConsumerReports.org
clarifying that "...the Magnuson-Moss Warranty Act
gives consumers the right to have their vehicle serviced
at a business of their choice and the option to use
aftermarket parts..." To read the article, visit http://
tiny.cc/CR_update.
http://www.consumer.ftc.gov/articles/0138
http://www.consumer.ftc.gov/articles/0138
http://www.ConsumerReports.org
http://www.tiny.cc/CR_update
http://www.tiny.cc/CR_update
Table of Contents for the Digital Edition of Auto Care Insider Volume 88
President's Message
YANG
Factbook.
Government Affairs
International Focus
Member Profile: Mark Seng
Toolbox: Technology Tips
Impact Awards: Todd Campau
Inside Technology
Head of the Class: Tascosalesreps
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