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Discussion Starter · #1 ·
jimvw57 has reported a post.

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Not too sure about this one,
Post: Open Campaign 2016010012 ESP Software Update
Forum: smart Operation and Maintenance
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Posted by: Tfluis18
Original Content:
Thank you for your responses which confirm I'm not the only one suffering with this issue. As stated before, my response to their arrogant position was to file suit against them. Whilst I'm not trying to encourage anyone to follow suit, I wanted to tell you that following such action will cost you very little, just the fees of a certified mechanic chosen by your attorney, after you've brought the car three times to the dealership for the same issue as required by law. Now, please note that there are (at least in my State, Florida) to legal avenues to choose from: the Lemon Law (applicable only if you purchased your car new) and the federal Magnusson-Moss Warranty Act. Under the Florida Lemon Law, the defendants (MB USA and/or Smart USA) buy back your vehicle, minus depreciation for mileage and any upside down money you may have brought into this contract from the vehicle you traded in (if applicable.) This, at least to me, was not an appealing option, as I would have ended without a car and owing the a few thousand dollars. The best option, at least for me, was to file suit under the aforementioned Magnusson-Moss Warranty Act. In this case, if found in breach of warranty (which is clear at least in my eyes, as well as my attorneys, they will be to pay you whatever amount the court (a few thousand dollars) determines necessary as indemnity for the resulting loss of value to your vehicle. More importantly, they have to pay your attorney fees and even if you lose the case, you don't pay attorney fees. As I said before, I'm not encouraging anyone to file suit, but quite frankly, i don't see why we should allow a big corporation to get away with this and simply turn its back to its customers. More importantly, the more people sue them, the more likely it is that they'll be forced to solve the problem. Should any of you be interested, i will provide the number of the Chicago based law firm handling my case. I will keep you appraised of developments.
 

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Three posts and he's ready to recommend a lawyer in Chicago. He says he's in Florida but his IP address shows him in Kansas.... Agree we need to watch.
 

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Discussion Starter · #3 ·
latest post indicates he is pretty hot about his lawsuit.. keep watching I guess. Hasn't crossed any fine lines yet...
 
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