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Report: #430721

Complaint Review: Napleton Dodge, Dodge, Chrysler, Jeep - Kissimmee Florida

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  • Reported By: Kissimmee Florida
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  • Napleton Dodge, Dodge, Chrysler, Jeep 1460 E. Osecola Parkway Kissimmee, Florida U.S.A.

Napleton Dodge, Dodge, Chrysler, Jeep Breach Warranty Magnuson Moss FUDTPA FTC violation Napleton Kissimmee Florida

*Consumer Comment: BEFORE YOU ALTER A VEHICLE, READ YOUR OWNERS MANUAL AND WARRANTY BOOK

*Consumer Suggestion: Hate to tell you but...

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I'm in a warranty dispute with a local Dodge dealership here in Kissimmee, and with Dodge themselves for a breach of warranty, and a violation of the 1975
Magnuson Moss Act.

I've filed an official complaint with the FTC for the violation of the Mag Moss Act, yet to date, I'm having one helluva time finding an attorney who will take
on the argument against Dodge....they're all concerned that Dodge will file for bankruptcy nullifying any potential suits.

I had a catastrophic engine valve failure in my '06 Dodge Ram Cummins Diesel with a repair bill at almost $10,000. Rental car costs and other incidental costs associated with the issue are at $4000 (roughly).
I invested more than $4000 and 100 hours setting-up this vehicle to run on dual fuel...both diesel and refined vegetable oil (from local restaurants in my
area). I have more than $10,000, 5 years, and 50,000 miles of experience in using this fuel system. And when I had this issue with my vehicle, the local Dodge dealership simply refused to honor my warranty BASED ENTIRELY UPON my additional system installed on this vehicle.

They gave no effort to determine the 'cause' of the damage. They simply repaired the vehicle and washed their hands of the issue which is a blatant violation of their own warranty wording and of the Magnuson Moss Act of 1975. Furthermore, I believe that their actions should leave them at charge of violating the Florida Unfair & Deceptive Trade Practices Act

Finally, yesterday, (3-3-09) I was able to retrieve my personal items from the vehicle (the dealership used Fla Statute 713.585 to confiscate the truck and had planned on auctioning it off on 3/1 yet my bank; BB&T, stepped in and purchased the vehicle from the dealership by paying off the balance.) They've since taken it into repo, (I'm current on all payments).

In addition to my personal effects, I was able to argue for, and get, the parts from the repairs that were completed. And upon inspection of those items, I believe I have a very clear case of a 100% mechanical failure of an intake valve and can prove my point.

Previously, I had refused to pay the bill and take the vehicle back out of a concern that a deeper problem existed with the motor (after all, they gave me ZERO cause for the damages experienced).

After looking at the parts and determining (in my opinion) that the failure and consequent damage was solely because of one faulty valve, I'm in communication with BB&T to get the truck out of repo, establish a payment plan to get them paid for the damages and expenses they have incurred thus far, and then continue to pursue my argument against Dodge for not repairing the vehicle under warranty as should have been done.

Furthermore, I was also able to ascertain at least one other vehicle, identical in virtually every way to mine, who suffered this same damage yet was covered 100% under warranty and awarded a Cummins rebuilt motor in Nov '07 in California.

It's frustrating that I can't even seem to get my argument 'elevated' to a point where the facts can be discussed. I'm being forced to pay for repairs without
any means to argue their obvious and intentional breach of their own warranty and federal law. Especially given that taxpayers are giving these guys billions!

Early on, I offered to 'pay the bill in full' with no questions asked, if the dealership (or any agent of Dodge), could theorize why the problem occurred and then give ONE SHARD of evidence to substantiate their claim. I was rebuffed and ignored.

I tried to (as the seizure statute 713.585 paperwork implies), go to my local clerk of the court and file for a 'demand for hearing', and was turned away by the staff here at the Osceola County Courthouse and instructed to 'seek counsel' to get that filing completed. When I approached local attorneys for that assistance, none wanted to assist, and they implied that to do so would tie them into the larger argument with Dodge, and again, they're concerned about bankruptcy.

Wstanton
Kissimmee, Florida
U.S.A.

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This report was posted on Ripoff Report on 03/04/2009 12:37 PM and is a permanent record located here: https://www.ripoffreport.com/reports/napleton-dodge-dodge-chrysler-jeep/kissimmee-florida-34744/napleton-dodge-dodge-chrysler-jeep-breach-warranty-magnuson-moss-fudtpa-ftc-violation-n-430721. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#2 Consumer Comment

BEFORE YOU ALTER A VEHICLE, READ YOUR OWNERS MANUAL AND WARRANTY BOOK

AUTHOR: Doug - (United States of America)

POSTED: Friday, February 19, 2010

FAQ: The Use of Biodiesel with Cummins Automotive Engines

Issued: 05/23/05

Interest in reducing national dependency on petroleum-based fuels has led to increased attention on biodiesel as a renewable, alternative non-petroleum based fuel for diesel engines. This FAQ sheet addresses some of the questions regarding its use with Cummins automotive engines in North America:

1. Which Cummins engines can be used with biodiesel?

2. Some vehicles already using higher than B5 - is this okay?

3. What's preventing you from moving to B20 and above?

4. Will your 2007 engines be biodiesel capable?

5. Is biodiesel more environmentally-friendly than standard diesel?

6. What fuel specifications are in place for biodiesel?

7. How does using biodiesel affect your engine warranty?

8. What is Cummins position on alternative fuels?

9. Are there any biodiesel mandatory requirements on the horizon?

1. Which Cummins engines can be used with biodiesel?

Cummins has completed evaluations which enable us to confirm that B5 biodiesel blend is suitable for use with the full range of Cummins automotive engines in North America, covering applications in truck, bus, motorhome and the Dodge Ram pickup truck.

B5 is a fuel blend of 5 percent pure biodiesel with 95 percent standard petroleum diesel.

No modification to the engine is needed to enable it to operate on B5 biodiesel and no impact on engine performance, durability or maintenance is anticipated with its use.

Users of B5 biodiesel should ensure that the fuel is of a consistent, high quality standard appropriate for that of a high performance Cummins diesel engine.

2. Some vehicles are already using higher than B5 - is this okay?

Cummins can only confirm at this point that biodiesel no higher than 5 percent blend (B5) is suitable for use with our engines. We would advise our customers not to use anything above B5 levels with a Cummins engine until our evaluations are completed.

Page 2 FAQ: the use of biodiesel with Cummins automotive engines

3. What's preventing you from moving to B20 and above?

Cummins is evaluating the potential for concentrations of biodiesel higher than 5% for products to be released in 2006. We are aware of the growing interest in B20 fuel blends of 20%. As we reach conclusions and the completion of these customer evaluations, we will modify our position on engine compatibility accordingly. The main barrier to moving beyond B5 is the lack of an industry agreed fuel standard for biodiesel in terms of fuel consistency and stability, which has resulted in product performance issues such as fuel filter plugging. This becomes essential when moving beyond the relatively low blend level of B5. Our main consideration is to ensure the engine will continue to offer the same high levels of performance and dependability our customers expect from Cummins.

4. Will your 2007 engines be biodiesel capable?

Cummins current engine platforms will all move forward to meet the forthcoming 2007 emissions standards in combination with the introduction of Ultra Low Sulfur Diesel (ULSD) fuel at the 15 ppm level regulated by the EPA. As these engines will be essentially the same as our current products they will continue to offer B5 biodiesel capability at 2007. The B5 biodiesel fuel used with our 2007 engines will need to conform to the same 15ppm sulfur content level as the ULSD fuel to ensure there is no adverse affect on the Diesel Particulate Filter aftertreatment.

Much of this 2007 interest has focused on using twenty percent B20 biodiesel. With an agreed fuel specification meeting the necessary quality standard in place, there is an opportunity for engine companies to aim for this level of compatibility. Cummins is evaluating the potential for concentrations of biodiesel higher than 5% for our products ahead of the 2007 emissions timeframe. As we reach conclusions with ongoing evaluations, we will modify our position on engine compatibility accordingly.

5. Is biodiesel more environmentally-friendly than standard diesel?

In terms of exhaust emissions from the engine, the use of biodiesel at various blend levels is not yet fully understood. There are indications that PM (Particulate Matter) and HC (Hydrocarbons) emissions may be reduced - but NOx (Oxides of Nitrogen) levels may be marginally increased. Therefore the overall exhaust emissions impact of using biodiesel may prove to be very close to that of using standard diesel. Our engines must meet stringent EPA emission regulations - and by 2007 this means we will be reducing PM by 90 percent based on using ULSD fuel.

The major benefit of using biodiesel is that it is environmentally sustainable. As a natural substance, mostly derived from Soybean and other oil seed crops it is renewable and biodegradable. Biodiesel also offers an opportunity to reduce the nation's dependency on imported oil and ensure greater energy security.

Page 3 FAQ: the use of biodiesel with Cummins automotive engines

6. What fuel specifications are in place for biodiesel?

The industry is aware of significant variations in biodiesel specifications and quality, particularly with regard to consistency and fuel stability. As the production and distribution of biodiesel has grown so dramatically it has outpaced the ability of the industry to conduct the appropriate engine performance and fuel specification evaluations. This has been further complicated by the wide variety of blend percentages available. Cummins is undertaking evaluation programs focused on establishing an agreed industry standard of biodiesel fuel consistency and quality. The program is running in conjunction with the National Biodiesel Board (NBB) and the ASTM (American Society for Testing and Materials).

It should be emphasized that Cummins, in common with all other engine manufacturers, emission certifies engines only to meet the prescribed EPA (or other local regulatory agency) registered fuels for on-highway applications. It is the engine user's responsibility to use the correct fuel prescribed by these regulations and as recommended by the engine manufacturer.

The EPA has regulated the nation's highway diesel fuel quality since 1993 to ensure it is compatible with meeting engine emissions standards and air quality goals. It is the responsibility of the user to obtain the proper local, regional, or national exemptions required for the use of biodiesel in any emissions regulated Cummins engine.

7. How does using biodiesel affect your engine warranty?

The use of biodiesel does not affect the Cummins materials and workmanship warranty. However, any engine failure or performance issue caused by the use of biodiesel or other fuel additives cannot be considered as defects of the Cummins engine, components or workmanship - and would therefore not be covered by Cummins warranty. This is no different from our position with any regular diesel fuel. Cummins does not cover the damage caused by products from other companies that may have insufficient quality. It is important to ensure when using any diesel fuel or a B5 biodiesel blend with a Cummins engine that the fuel meets industry acceptable quality standards.

8. What is Cummins position on alternative fuels?

Cummins fully supports the use of environmentally beneficial alternative fuels. Our full range of truck, bus and RV engines are compatible with operating on B5 biodiesel to help encourage the greater use of renewable, domestically grown fuel. In May 2005 we announced B5 biodiesel capability for the Cummins Turbo Diesel available in the popular Dodge Ram pickup truck, bringing the option of using this fuel to a much wider range of customers.

Page 4 FAQ: the use of biodiesel with Cummins automotive engines

We are by far the largest supplier of natural gas fueled engines in North America through our Cummins Westport joint venture, who are also undertaking important development work on Hydrogen Compressed Natural Gas (HCNG) engines. Cummins has played a leading role in the emerging technology of diesel-electric hybrid buses, providing an environmentally friendly and fuel-efficient solution for transit operations in U.S. cities and national parks

9. Are there any biodiesel mandatory requirements on the horizon?

We understand that several States and municipalities in the US are considering mandating the use of low level levels of biodiesel in diesel fuel. We are also aware that the Provincial Government in Ontario, Canada has discussed the possibility of making biodiesel mandatory for commercial vehicles. If mandatory requirements are introduced, these must first take into account the need for biodiesel fuel specifications with agreed consistency and quality standards. Also, at this point, Cummins cannot confirm the suitability of our engines for biodiesel blends above fivepercent (B5).

END

"All engine and vehicle manufacturers provide a material and workmanship warranty on the products they manufacture. Such warranties do not cover damage or problems caused by external factors or elements they dont produce or control, such as the type of fuel or additives used in the engine. Thus, if an engine experiences a failure that is caused by a fuel or a fuel additive no matter if the fuel or additive is biodiesel, regular petroleum diesel, or an after market additive -the damage generally will not be covered by the OEMs equipment and workmanship warranty." (Source: National Biodiesel Board).

I know a guy that had a so-called repair shop supposedly "convert" his Ram Mega Cab 3500HD to run on waste French Fry oil. This was in 2008 when fuel prices were driving business owners to look for any way to cut costs. If only he had read his owners manual first, or at the very least asked a dealership beforehand, he would have saved himself a lot of grief and a great deal of money. Any dealership would have strongly advised him not to waste his money.

First, waste French Fry oil is not biodiesel by any industry standards. Second, Cummins states no more than a 5% biodiesel mix is allowed by their specs.

When you have heavy loads to haul like he did, you need a heavy duty truck. There is no getting around that or we'd see Toyota Prius' hauling 48 foot trailers instead of Freightliners. You need big frames, big brakes and a whole lot of torque. The Dodge Cummins Ram is already more fuel efficient than its competition. He should have saved his money.

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#1 Consumer Suggestion

Hate to tell you but...

AUTHOR: D K - (U.S.A.)

POSTED: Wednesday, March 04, 2009

You said "the local Dodge dealership simply refused to honor my warranty BASED ENTIRELY UPON my additional system installed on this vehicle." ANY alterations to the original vehicle system are reason for the warranty to be null and void. You altered the vehicle that the original warranty covered, so therefore, your vehicle is not covered. Sucks but is true. Similar situtation happened to my uncle.

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