[canyon_carver]

I received an impassioned plea from Kurt Delsack today. He wants folks to write emails, and not to call. He said that he's had one person answering calls full-time for several days now, and he needs her to do other work.

As an alternative, he said it would be better if people sent an email to:

[email protected]

Current status is that they are still studying the class-action suit, and will return a decision in 10 to 14 days. He is impressed at the level of interest that people from this website are showing. I told him that I was very interested in what the status was, and, was bordering on impatience re: the length of time that it is taking for him to review and decide. He assured me that they are actively reviewing this, and that an answer would be forthcoming, as promised.

Guess I have to be patient.

CC

 

[Spear Warrior]

I can back you up on all that CC. I also spoke with the Office Manager and with Mr. Delsack yesterday. I posted the following in another thread (www.rswarrior.com/forums/topic.asp?TOPIC_ID=13052&whichpage=13)


OKAY.

It is now 5:20 EST and I just hung up the phone from a conversation with both the Office Manager, (first initial "L") and Mr. Kurt Delsack. Here is the scoop, as expressed by Mr. Delsack:


1) DO NOT Call the law firm. They do not have time to handle all our inquiries.

2) DO continue to send them e-mails IF you have not already done so.

3) The Delsack lawfirm is not handling this situation alone. He is working with other attorneys.

4) IF the group of attorneys decides to file a Class Action Law suit, it will cover on a nation-wide basis. It will be seeking remedies under federal law, not state laws.

5) They are working diligently on this potential case and should make a decision by the middle of this month.

6) If they decide not to procede with the Class Action suit, they will handle cases for the lemon law. Attorneys licensed in each state will handle their respective states. We, as owners and plaintiffs, will be referred to these attorneys by Delsack and Associates.

Mr. Delsack was very cordial and asked that owners who have not e-mailed, continue to do so.

 

[jimboman]

Spear,

When should we expect a response from Mr. Delsack? Would it be before a decision is made on how to move forward? The reason for my questions is that I asked for information regarding the CALS, and how the firm plans on moving forward, specifically in the e-mail. Thanks.

 

[Spear Warrior]

Hi jimboman. Mr. Delsack said that he and his associates fully expected to reach a decision by the middle of this month: March, 2004.

I think this is a case that Mr. Delsack has sought assistance with (big guns) and they are doing research to ascertain their chances of winning. If they win, they get paid what the court awards them. If they lose, they get nothing. My take is that, when they reach this decision, they will send a blast e-mail to all who have communicated with them; the e-mail will probably spell out all the particulars, i.e., what damages are being addressed, remedies sought through the court, fees to be paid (request to the court), etc., etc.

In any case, the CALS will not degrade our repair work. The repairs MUST MOVE FORWARD, irrespective of any legal procedings. The only thing I can see resulting from this CALS is a positive for us: some type of warranty, cash payments, coupons for service or parts, . . . something to balance the scales.

Of course, I know some of our members vehemently disagree. Thank God we live in a country where we can disagree and still be free afterwards!

 

[cougwarrior]

does anyone know if they have reached a decision or not. its almost april and they said they would know by the middle of march.

 

[hl_slaughter]

Um, sorry... What is the purpose of this lawsuit?

Of course the only person that makes out in almost any class action suit are the lawyers. I can completely understand their motivation for this thing.

But what is the Warrior owner's reason for participating in this suit? Do you really need the $50 that you'll get out of this? Are you upset that Yamaha took responsibility for this and announced a recall? Do you wish Yamaha acted like Harley Davidson and just let their bikes fall to pieces on the road?

From what I understand, there is a relatively minute number of Road Star bikes that have failed due to this problem. I understand that almost no Warriors have failed. Yamaha is probably recalling the Warrior not to protect itself from lawsuits. Certainly the payouts to the few Warriors that would fail and whose owners would sue is nothing compared to the cost of recalling all of its Warriors. Of course I could be wrong on that. But I haven't heard of anyone dying from a failed tranny C-Clip.

Why in the heck would you want to sue Yamaha?

I might understand a hyper paranoid person wanting to pursue a lemon-law action so that he could return the bike. But suing for a bike that we all enjoy riding and is perhaps the first of a coming series of Harley killers.

Man, I really think this is a bogus suit. The only complaints you guys should have is how to decide on which mods to get done FOR FREE during the recall service work.

 

[WarEer]

This is for hl slaughter,
Did you read the part in the recall notice specifically stating not to ride the motorcycle till the part was replaced cause if it did break it could kill your stupid ass?? If you missed that part, maybe you should read the notice again. The main reason for the lawsuit (even if we get only $50) is to make Yamaha give us SOMETHING!!! I just got off the phone with Yamaha customer service, and they said they had no intentions of giving us anything except tearing our motorcycles apart, replace a two dollar item and then give us back a rebuilt motorcycle. What if this was your wife's or mother's or sister's car? Would you tell them to go ahead and drive it because probably only one or two might break. The more I get jerked around by Yamaha, the madder I get. They can't tell when the parts will be available to the dealer, blah blah blah. I don't normally make a personal attack on anybody, but in your case I am making an exception. If the recall is such a joke, then by all means go ride and maybe you will die and have the common decency to eliminate yourself from the gene pool you ignorant ass!!!
WarEer

 

[audio77]

i just got Mr Sack's form letter yesterday to.


hehe.. SACK

hey WarEer- what an awesome way to start off on the board. next time you wanna attack someone like that you should do it in a PM. maybe you should get a new user name, start over and chill out. both of you have the right to say what you feel but wishing he would die cause he has a differnt opinion than you?! grow up

 

[Arthur]

I guess emotions are still running high on this topic.

 

[xzvs]

WarEer,
Great start on the board!! Wishing another riders death, and you think HE is a moron???? What a friggin DOUCHEBAG [/emoticons/emotion-6.gif!]

 

[hl_slaughter]

WarEr

thank you so very much for your insightful comments. i really see your point now. i could actually die while riding the bike. i really see what you mean, i went ahead and went through my owners manual again. interestingly, anything from checking your tires to charging your battery may: "CAUSE SERIOUS BODILY INJURY OR DEATH; DISMEMBERMENT, BLINDNESS, CASTRATION, COLD SORES, DIABETES, AN IRS AUDIT, WORLD HUNGER, THE DEATH OF INNOCENT KITTENS, OR A CALL FROM THE IN-LAWS"

but i guess what your saying is that they're really serious this time. come to think of it, i haven't had the tank bolt recall work done either. i'm certainly lucky my bike hasn't IGNITED IN A TREMENDOUS BURST OF FLAMES LITTERING THE HIGHWAY WITH MY BODY PARTS.

phew

 

[audio77]

Hey, dont forget that WOW chips may cause anal leakage. says so right on the package

Slaughter- speaking of the tank recall, how ironic is it that i wait for FU**ing 3 mo for tranny recall parts. FINALLY get the bike in, and find out the tank recall never happened, and now the tranny work will be done and they're gonna be delayed waiting for the tank recall parts to come in.. DOH!

 

[Spear Warrior]

For those of you reading this thread who are looking for information about a potential class action law suit, Delsack and Associates has recently sent a response to our inquiries regarding their involvement. Here is a copy of the e-mail I received:

Dear Yamaha Motorcycle Owners:

As this office has recently informed you in response to your e-mails, we have been, and are continuing, to investigate the possibility of filing a class-action lawsuit on behalf of Yamaha Roadstar owners. At the time of our earlier response to you we believed that we would be able to complete this analysis by mid-March. Because, however, the investigation and determination as to whether to undertake such an action is very complex, and involves the commitment of many man-hours as well as considerable financial resources, this determination cannot be made lightly.

As you may be aware, at least one other major law firm has previously looked at this possible class-action and has decided not to pursue the action for various reasons, including these same factors. Our investigation and analysis continues, and in light of the obligations which our firm and the other law firms which may be involved in this matter have to current clients, such an investigation and determination will still take several more weeks.

We had previously informed you that as soon as a decision is reached we would notify all effected Yamaha owners who had contacted us. We still intend to do so. Nevertheless, you may wish to consider if it would be more beneficial for you to undertake individual litigation with an attorney in your own state. You should know, and we here restate, our firm is not now, nor has it been, your attorneys, and it would not be until, and unless, we either filed a class-action lawsuit on behalf of all class members or you have signed a separate retainer agreement with our firm. Therefore, nothing in these e-mails may be construed as having established a client-attorney relationship, and accordingly we cannot advise you as to the best course of action for you.

We now believe that we will decide whether we will proceed with a class action within the next few weeks, but cannot give you an absolute date when that decision will be made. We sincerely hope that you will bear with us until we have concluded our analysis and may be able inform you of that decision. Once again, we apologize for the delay in responding to your e-mails but these are very significant factors which must be taken into consideration before embarking on such a major undertaking. We hope that you will understand and bear with us until we next contact you.

Linda Jayne, Office Administrator
Law Offices of Delsack & Assoc., P.C.
1801 Century Park East
Suite 2400
Los Angeles, CA 90067
Tel. 888-395-3666
Fax 888-270-0079


That's all for now.

 

[hl_slaughter]

i doubt any law firm will pursue this. the recall has been, at worst, a major inconvenience for some people. unfortunately, i don't think 'loss of ride time' will translate to the kind of money these firms want to see. they'd probably rather wait till somebody died from a tranny failure and then pursue individual lawsuits accordingly.

i believe we're all just going to have to weigh this recall as well as yamaha's treatment of it's customers and apply this experience to our next motorcycle purchase. warrior owners have a top drawer performance cruiser that is working out the complications associated with any new model of vehicle. no, yamaha has not gone the slightest bit out of its way to help recall victims. it has dogged on providing recall kits and has not been responsive to its concerned customers.

i'm not surprised. most companies i've ever dealt with are equally indifferent towards customers. and i show *no loyalty* to those companies. Yamaha has done nothing to incline me towards buying another Yamaha. i won't hesitate to move on to the next king of performance cruisers. and until i come across a motorcycle manufacturer that appreciates its customers and treats them right, i have no loyalty. we're getting a typical response from a typical company. it's the way business is done these days. there's nothing any of us can do about it until a company comes around that commands loyalty through appreciation of and responsiveness to its customers. probably not in my lifetime.

 

[Spear Warrior]

quote:Originally posted by hl_slaughter

i doubt any law firm will pursue this. the recall has been, at worst, a major inconvenience for some people. unfortunately, i don't think 'loss of ride time' will translate to the kind of money these firms want to see. they'd probably rather wait till somebody died from a tranny failure and then pursue individual lawsuits accordingly.

i believe we're all just going to have to weigh this recall as well as yamaha's treatment of it's customers and apply this experience to our next motorcycle purchase. warrior owners have a top drawer performance cruiser that is working out the complications associated with any new model of vehicle. no, yamaha has not gone the slightest bit out of its way to help recall victims. it has dogged on providing recall kits and has not been responsive to its concerned customers.

i'm not surprised. most companies i've ever dealt with are equally indifferent towards customers. and i show *no loyalty* to those companies. Yamaha has done nothing to incline me towards buying another Yamaha. i won't hesitate to move on to the next king of performance cruisers. and until i come across a motorcycle manufacturer that appreciates its customers and treats them right, i have no loyalty. we're getting a typical response from a typical company. it's the way business is done these days. there's nothing any of us can do about it until a company comes around that commands loyalty through appreciation of and responsiveness to its customers. probably not in my lifetime.
slaughter, I have to agree with pretty much everything you said. The only thing I would say is that the inconvenience is not the number 1 gripe I have. I am really upset about having my basically new engine completely dismantled and having no meaningful warranty supplied.

Otherwise, you and I are in agreement regarding your quoted post.

Sad, but true nonetheless.

 

[Jeremiah]

Hello,

I am about sick of this recall issue. I think that alot of R* warrior riders are acting like a bunck of punk a$$ cry babies over this issue...

I know it sucks to have to take your bike in for the recall, but at least yamaha had the ballz to agnowledge that they "F"ed up the design, and fix it... Alot of car manufactures ignore these types of claims, and never admit that there was a flaw in the design so they dont have to shell out the money to fix it.

Next you'll be suing Mcdonalds for giving your wife a fat A$$!! This site is supoposidly a community of r* owners, and dedicated to information about the bike... Stop using it as a rant forum for your gay a$$ crusade about a recall.. If you don't like your bike sell it and stop wasting my time with your turd burgalary!

Jeremiah

 

[Jeremiah]

Hello,

I am about sick of this recall issue. I think that alot of R* warrior riders are acting like a bunck of punk a$$ cry babies over this issue...

I know it sucks to have to take your bike in for the recall, but at least yamaha had the ballz to agnowledge that they "F"ed up the design, and fix it... Alot of car manufactures ignore these types of claims, and never admit that there was a flaw in the design so they dont have to shell out the money to fix it.

Next you'll be suing Mcdonalds for giving your wife a fat A$$!! This site is supoposidly a community of r* owners, and dedicated to information about the bike... Stop using it as a rant forum for your gay a$$ crusade about a recall.. If you don't like your bike sell it and stop wasting my time with your turd burgalary!

Jeremiah

 

[jspencer]

Jeremiah I see you have completed the diversity training section of the manual. I agree with you somewhat except Yamaha did not undertake the recal on there on. THey were about to be compelled to do so by the Govt.

 

[Troyus]

quote:I am about sick of this recall issue. I think that alot of R* warrior riders are acting like a bunck of punk a$$ cry babies over this issue...

I know it sucks to have to take your bike in for the recall, but at least yamaha had the ballz to agnowledge that they "F"ed up the design, and fix it... Alot of car manufactures ignore these types of claims, and never admit that there was a flaw in the design so they dont have to shell out the money to fix it.

Next you'll be suing Mcdonalds for giving your wife a fat A$$!! This site is supoposidly a community of r* owners, and dedicated to information about the bike... Stop using it as a rant forum for your gay a$$ crusade about a recall.. If you don't like your bike sell it and stop wasting my time with your turd burgalary!

Jeremiah

My motor seized Saturday in heavy traffic on a major highway, I almost got smashed by several cars as I was loping along through the intersection. I could have been killed or seriously injured. What do you think about that? Huhh?

I signed up!


Image Insert:

For more pics, look at this thread:http://www.rswarrior.com/forums/topic.asp?TOPIC_ID=16406

 

[mxgod630]

Hey jeremy how bout some pics. of your bike ....