TPC Racing TPC Racing grossly misrepresented their turbo kit for Porsche cars, by overstating the performance quality of the system. When their product caused some cars to blow their engines, they implemented a "required" computer update to my car, which resulted in a few thousand dollars worth of damage. Even worse, they (fraudulently) misrepresented the update they conducted to my car, in an attempt to mislead me about the damage they had caused. In the end, they acknowledged they were wrong, but refused to correct the damage they caused. My bumper was irreparably burned, and the exhaust pipes they provided were defective at best. I was forced to file several consumer complaints to warn others, and take legal action against them. Jessup Maryland

To Whom It May Concern: The intent of this letter is to make clear both deceptive and damaging consumer practices by a Maryland-based company, operating as TPC Racing at 8040 Washington Blvd/Jessup, Maryland/20794. The serious nature of the company’s activities must be challenged and prosecuted in order to prevent future harm to property and consumers. TPC Racing (a) violated their fiduciary obligation by requiring a computer update in one of their installed products, while failing to disclose to the consumer that any potential damages could occur as a result, (b) neglected to insure correct installation of the updated computer software causing significant mechanical and structural damage to the automobile, along with financial damage to the consumer, and (c) fraudulently lied indirectly through the installer and directly to the consumer about the source and nature of the problems to conceal their culpability while refusing to correct damage caused directly by their actions, or lack of. In the latter part of 2014, I contacted TPC Racing about the possibility of installing an (after-market) turbo system in my car after learning of the company via dozens of You Tube videos TPC Racing had posted on the Internet. Their web site boasts that TPC is the “premiere maintenance, servicing, tuning, and modification center dedicated solely to Porsche sports cars” owned and run by Michael Levitas who possesses an “advanced technical understanding of turbo supercharging.” Mike participates in a mock interview in a You Tube Video titled: “TPC Racing: 986/987 Boxter/Cayman LP Turbo Test Drive and Interview.” He describes the add-on system as a “great”, “really amazing”, “flipping amazing” package, which does “not change the nature of the car” but “can actually improve the automobile.” “Leave it to TPC to come up with that.” “Bang for the buck.” “That’s amazing.” “An amazing entry level package.” I decided to contact TPC Racing directly and corresponded via e-mail with Tom Chan, a TPC employee, who outlined the new system and suggested enhancing it through “an intercooler kit that will stabilize the intake air temp for aggressive road and track driving” which I eventually decided to do. I followed their guidance to work with a regional (TPC affiliate) installer for their recommended system since I was in the Chicago area, far away from TPC’s facility. Their installer wrote in an e-mail: “This is an awesome package and we have a number of customers out there who can’t quite wipe the smiles off their faces.” Given these very confident, even bold representations made by TPC and their installer, I felt like I was in good hands even though the system was costly. It would later become important that I had specifically asked the installer if there were any concerns about the exhaust tips being so close to the bumper and was told this was not an issue. They said that the system had been built with that in mind. The system was installed and the car delivered to me 4.3.15. The car ran as advertised up until I phoned TPC Racing on 4.14.15, to ask a pedestrian question about the system. TPC Racing violated their fiduciary obligation by requiring a computer update in one of their installed products, while failing to disclose to the consumer that any potential damages could occur as a result. This phone call triggered a disturbing and costly series of events that are still unresolved. TPC answered my question and then informed me they were glad I had called because there was a problem with the system’s software, and they needed to update my car’s internal computer system as a result. On a later call, Tom Chan admitted the issue was that a car that had one of their systems installed had blown its motor, ostensibly because of over-revving. I was taken aback because of all the representations that had been made in the past, and all of the “testing” that had been done. Tom mentioned that it had been impossible to do all the testing they wanted to because there was a lot of snow and ice on the ground in the winter, and they could not track test in those conditions. Again, I was surprised to be hearing this after having just installed the system in my car. I was also surprised they had no record of me in their system, because the installer had told me they would provide all my data to TPC. TPC asked me to e-mail them my information so I could be put in their system. When I notified the installer, they knew nothing about the update and the problems, which also seemed unusual to me. TPC seemed to be operating haphazardly even though they had installed “hundreds” of these systems around the country. Cars and engines represent serious matters that require a “reasonable” standard of care and communication, especially in light of all the claims being made about performance, sound operating, etc. I saw clearly that if I had not happened to have called with my question, I likely would have never known about the required update. I asked TPC if my local mechanic in Chicago could take out the computer and send it to them, and then put it back in the car after TPC reprogrammed it, because the installer was a couple of hours away in Wisconsin. TPC explained it was simply a matter of taking it out and putting it back in, so there should be no problem. They also agreed to pick up the shipping costs. TPC portrayed this as a “necessary” and “required” update, an update whose installation was a simple matter of course. No risks were ever offered or discussed. I felt like I had no reason not to pursue this “upgrade”, and also thought I had no choice given the risks that were only now being shared with me. TPC Racing neglected to insure correct installation of the updated computer software causing significant mechanical and structural damage to the automobile, along with financial damage to the consumer. The moment the updated computer was installed I noticed the car was not driving as well as it had before, that there had been a noticeable change in the characteristics of the car’s functioning, so I called TPC Racing and the installer right away to explain what I was noticing. The car produced a distinct, uncharacteristic bad smell that was not there before. The engine was running hotter or faster at lower speeds, and was not transitioning well between gears. Neither had any specific comments or advice, and said sometimes these systems were a little tricky, etc. I took the car to a track event with the local Porsche Club shortly thereafter, where the car began kicking out larger plumes of black smoke, and running more slowly. The turbo system kicks out some black smoke and debris when operating normally (according to the installer when I asked earlier), but this was heavier so I got the car off the track. It turned out that one of the big problems was that the update had caused the car not to be able to recognize and provide the correct mixture of fuel and air. By coincidence, I met a gentleman at the event who shared that his motor had blown as a result of TPC Racing recommending the turbo system be installed in his earlier model Porsche. He said he was not happy at all with TPC Racing, and had subsequently learned that an older Porsche like his had a crankshaft that was not able to handle the torque of the turbo. I felt like an idiot for trusting my (dream) car to a group that was proving to be duplicitous on a variety of levels. None of the slick You Tube videos mentioned engines blowing. Neither did the web site. Neither did TPC Racing. Neither did their installer. Evidently, the car’s computer goes into a safety mode of sorts if there is trauma. And we discovered another trauma that had occurred: the main air intake duct in the turbo system had collapsed and was choking off air to the motor. I limped the car back to my mechanic here in Chicago, while speaking with TPC Racing and the installer by phone, and corresponding by e-mail. I realized I was in trouble at that point, and the likelihood was that I was one of the first updates for a system that was likely designed in haste, with poor testing, and I was stuck with a set of distinct problems that could not be handled by a regular mechanic…stuck dealing between a manufacturer in Maryland and an installer two hours away in Wisconsin. I began to hear distinct changes in the type of language TPC Racing was using. The system was no longer “amazing”, it was now “tricky.” TPC Racing would not pay for transport of the car to the installer, and would only replace the failed duct. No mention was made of the source of the problem, which was (obviously) the update. TPC Racing continually avoided that issue, acting as if it was fine, when it clearly was not. Because of the unique nature of the system, I had no place else to turn and had to continue to rely in TPC Racing who, I now suspect, was well aware of my vulnerability (and had been) all along. I could see that they were trying to have it both ways. When the matter of them receiving money was involved, they were competent, experienced, and possessed hundreds of clients with successful outcomes. When the matter of them paying money or fixing something after the fact was involved, the systems were tricky, there were no guarantees, problems and damage were common, etc. I had not signed any direct written contract with TPC Racing, but I assumed there was an implied agreement because they had insisted that I update they manufactured that I owned. That fact alone told me that understood they did have responsibility for basic performance and operating of the system they sold. I mentioned in my e-mail to them that I would prefer that the software be brought back to its original state, because I knew first-hand the car had initially been fine, and I did not want to continue to be an experiment. I was told I was wrong, that the timing had just been lowered slightly, and that this could not account for any problems. I was also told by my mechanic and the installer that some of the hoses used in the TPC system were sub-standard, which could have contributed to the hose collapse. On our way to a track event, my wife and I picked up the car from the installer’s shop after-hours some weeks later after I was told the car had been repaired and tested extensively. I was not charged for nearly $900 in repairs to the car. The installer seemed to be trying to make things right, even though they were obviously working on much less profit margins than the manufacturer, TPC Racing. The problems continued within minutes while driving normally. I called the installer who could only say the car seemed to be fine when the owner had tested it running it at a variety of speeds. I turned it around to take it back, when the car seemed to start to settle down some. I called the installer again who reiterated that sometimes the systems were finicky and needed time to adjust. I was the only one who had ever had any problems with it, etc. I said I would just try to be careful with it and see if it continued. I had no choice, since there was no clear path being offered as far as identifying the exact problem and enacting a decisive solution. At the event, the car started belching larger amounts of black smoke, so I took it off the track and called the installer again. He suggested having a mechanic crack the engine cover and check to see if any ducts/pipes had failed. I paid a team mechanic cash to do just that, and the mechanic noticed that the suction from the engine was not operating normally, and that the car seemed not understand what fuel/air mixture was needed to run properly. It could not have been any more obvious to me that the update had caused all of these issues at this point. None of these issues had ever been present on this later model (2011) Porsche prior to the installation of the system. And the quality of the car’s construction belied the possibility that it was any other problem other than the update. On the way back to the installer for another attempt for them to correct the system, I noticed that the rear bumper had melted due to the exhaust pipe tips. The tips had (strangely) moved farther under the car, where it was easier for the heat to pour upwards on the bumper. Later, my local mechanic confirmed this is exactly what had happened. The heat generated as a result of the computer update malfunctions had caused the system to expand which had pulled the pipes lower under the car. TPC Racing maliciously and fraudulently lied indirectly through the installer, and directly to the consumer about the source and nature of the problems they caused in an attempt to conceal their culpability, while refusing to correct damage caused directly by their actions, or lack of. I kept in communication with TPC Racing and the installer throughout these ordeals. With regards to the bumper damage, it was suggested that I had caused it by continuing to drive the car while it was malfunctioning. I reminded that first, I was told that black discharge was common to the system; second, I had questioned the proximity of the exhaust tips to the bumper initially and was told the design was (unquestionably) reliable; third, tracks do not allow cars on it that are belching smoke at an uncommon rate; finally, that neither TPC Racing nor the installer advised me to stop driving the car given the behavior. In fact, I was told the update was not the cause and the car had been tested and shown to be operating fine. After spending hundreds of dollars in (local) mechanic’s charges, gas for two cars to and from the installer, lost track time for events already pre-paid, let alone the value of my time, I had had enough. I called and e-mailed both the installer and TPC Racing and insisted that the car be brought back to its original state when I picked it up. I pointed out that if the car had acted this way when the system was first installed, I never would have accepted delivery of it. In response, the installer conveyed (on TPC Racing’s behalf) that TPC Racing would take the computer back to its original state “if that is what I wanted”, even though they felt there was a valid/real defect that had resulted in the need for the update. The way I looked at it was I was the one suffering for their incompetence, and I would rather take my chances with a working car. The ongoing problems were ridiculous, as was the ambiguity with which TPC Racing was approaching things. When I eventually picked up the car again after this round of repairs (about $300 I was not charged for), it ran very well again, just like it did when I picked it up initially. The nightmare seemed to be over. The installer confirmed that TPC had restored the computer to its original state, and said they would not agree to repair the bumper and exhaust pipes (for length). I would have to request that directly from TPC Racing. I found out later that TPC Racing had even lied to their own installer. It was obvious to any rational players that the update was the culprit. I still have a hard time believing what Tom Chan of TPC Racing did next, because this is where the behavior eclipses a lack of professionalism and incompetence, and merges into the deceptive, the fraudulent, even the potentially criminal. I called and made the request for TPC Racing to repair the bumper damage due to the flawed update and the engine problems it caused, as well as the exhaust tips that had also been affected by the symptoms caused by the update. Tom stated that TPC Racing would not take financial responsibility for the damage to my car because it was not TPC Racing’s “policy” to do so. I told him that it was clear the update was the culprit, because the re-programming had solved all the issues. Therefore, TPC Racing was, in fact, 100% responsible for that damage. Takata Corporation can say it is not their policy to recall flawed airbags, not their policy to pay for repairs to correct their poorly manufactured airbags, not their policy to pay for damages caused to people and consumers because of dangers caused by their product…but it is more likely their “policy” matters little in the real world of manufacturing, installation, automobiles, engines, etc. And my policy is to not allow myself (or other well-meaning and trusting customers) to be victimized by unethical, if not illegal, behavior. After I pressed on these issues, Tom Chan then proceeded to tell me, with a clever tone, that I was wrong because they did not change the programming of the computer back to its original state, and that I was therefore factually incorrect. Clearly, he was offering this as some sort of “evidence” that TPC Racing was not culpable in the matter, because my syllogism was inherently flawed. I asked him what possible purpose there could be in deceiving me. “Days of Thunder” Tom said TPC Racing did it (i.e. fraudulently misrepresented the facts of the repair) because it was for my own good. He suggested that if I believed the car was better for the reason I was told, then the car would therefore perform better in my eyes. He mentioned the Tom Cruise movie “Days of Thunder” and recounted the point in the movie that the pit crew mechanic lied to the driver (Cole Trickle) about the quality of the tires he was on, the implication being that if the driver believed the tires were superior, the driver would feel the car was handling better and win. I looked up the movie to further understand what Tom Chan was attempting to convey to me, and the dialogue between Cole Trickle and Harry Hogge went like this: “Nobody goes to the outside on turn four.” “You can hold it. He’s going to end up in the wall. The pace car is about to go off. We don’t have time to talk. We’ve got a good set of tires on. Those tires are matched perfect. If you go to the outside you can hold it.” “Allright.” (and then later after Cole has won the race…) “On that last turn, did you know you could make the car stick like that?” “I knew it all along. Harry put on special tires.” “What’s special about them? Nothing in particular…” I explained to Tom Chan that I did not appreciate the weak simile, especially given the fact that Tom Cruise’s character had not already experienced actual physical and financial damage in the film. Therefore, to suggest the issue was psychosomatic with the computer update was misplaced at best, an intentional (consumer) deception concocted to cloud the real source of the problem at worst. In the end, Tom Chan admitted that what happened to me, and my car, “was wrong” and that the actual difference this time in the repair attempt was that a different technique had been used to “force” the car to adapt to the new computer programming. He said that TPC Racing has a policy now that requires a better protocol for updating the car computers, a protocol unlike the one used in my case, and that my (regrettable) situation was an anomaly. I have lost a total of more than $3,000 in damages and costs as a result of TPC Racing’s conduct, and even more disappointing is that I trusted them with a sensitive and expensive project based on their initial representations. When I requested that TPC Racing make good on damages, I had also shared that one day I would like to be in a position to do a car for my wife, who loves to race. Tom’s comment to me was they would knock these damages off the cost of the next unit. I responded by saying I would never do business with people who are untrustworthy and who do not stand by their work. TPC Racing, through its carelessness and deception, has proven clearly that once you “cross-over” and make the decision to install their systems, they recognize your vulnerability and seek to minimize their financial exposure, even when they openly acknowledge they are at fault for damage they have caused. All of my travails with TPC Racing have been well documented. In my case, they may have miscalculated, because I will make every conceivable (legal) effort in a whole variety of conventional and unconventional forums…to warn the field of their illicit, unethical behavior and bad financial dealings. Put simply, TPC’s behavior in my case lacked even the most fundamental character of integrity. I am now convinced that TPC Racing, when they sell these systems, knows very well that their customers are more vulnerable because of physical distance, and because of the niche nature of their product…the fact that it is not standardized and not many “civilians” or mechanics can measure or quantify issues related to it. And then, of course, is that blanket statement that you (as a consumer) proceeded at your own risk, and that there were no guarantees or warranties. But representations and agreements do apply to any type of transaction between producer and consumer, regardless of the nature of the product. TPC Racing supplied no literature or disclosures, and their means of communication never once mentioned the possibility of damage. In fact, everything they conveyed (as well as their installer) said directly the opposite, that the system was proven and reliable. I could expect some adjusting would have been typical. In fact, the installer mentioned bringing the car back after six months so they could look it over. In my case, TPC Racing’s behavior eclipsed any standard of reasonableness, and illustrated corrosive, even abusive consumer disregard. All of my records are (and will continue to be) open to the public. David B. Whitacre Lake Zurich Illinois dbw1980@outlook.com 312.550.6797