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Discussion Starter #1
Type this phrase into google :Deceptive trade practices act
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The purpose of the Deceptive Trade Practices Consumer Protection Act is to help consumers who have been deceived. It does this by specifying the number of acts that are deceptive by law, and it provides financial incentive to a consumer who has been damaged by a deceptive trade practice. These financial incentives come in the form of reimbursement for double or triple the damages and the recovery of attorney fees. For instance, if you have suffered five-hundred dollars damage, you might be unwilling to file a suit incurring the cost of filing, attorney fees and time. However, under this protection act, you could recover two to three times your actual damages, plus your attorney fees and court costs. The purpose of these harsh penalties is to discourage sellers from committing unfair or deceptive acts in the future. Deceptive trade practices for automobiles include manufacturers hiding dangerous defects, failing to state that a service is not readily available, odometer tampering, or failing to reveal that a dealer is charging excessive preparation costs. The law allows the seller a last chance to make good. If a consumer sues, he or she must make a written demand for relief, and show proof of "damage" beforehand. Loss of money, property, or an injury can prove this. For more information on protection against deceptive trade practices, consult a qualified attorney.
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Discussion Starter #2
I think that the Deceptive Trade Act provisions would probably only apply to motorcycles sold by Yamaha Motor Corporation at some date after 22Aug2003. What that date is, who knows. At the very narrowest I would expect it might apply to affected Motorcycles sold after the Jan09 2004 Tech Bulletin M2004-02.
 

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Aug 22 2003 is when the recall was issued, I believe. So in my understanding any bike sold after that should fall into that catagory. Most of us never got a recall notice until late January.
 

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I think the people who bought bikes after the recall was announced got the REAL raw deal. Even though I fall firmly in the 'I don't need no compensation group, just fix the darn thing) if I had bought a bike with a 'known' defect. I would have been talking to an attorney as soon as I found out.
 

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Discussion Starter #5
I am talking to a barrister. He pointed me to the Deceptivr Trade practices act. It was learning they are dragging their feet about the fix for already produced Warriors, while releasing new 2004 Warriors that apparently are not subject to the recall that frosted my cake.
 

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i got the raw deal, i bought mine december 9, 2003. it was a brand new leftover. yes im pissed, i have traveled, 1068 miles to daytona without a bike. whats a two week ruined vacation worth?
 

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I'm not sure I fully understand. Would this help me if I bought my bike after the recall date even if it is a used 02 model. It was bought from the dealership. I'm thinking, based on the above info, that I might be able to take advantage of this simply because they sold me a bike they shouldn't have. Please advise if I'm completely lost!

Thanks...
 

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Discussion Starter #8
Measter, The DTPCPA I sited above was brought to my attention by my lawyer brother in law in Austin Tx. He specializes in product liability, you know, products that hurt people. He infoemed me the Texas lemon law would not apply as there had not yet been even one attempt to repair my motorcycle.
A huge RED FLAG went up when I informed him that I purchased my 03 Warrior new on 20Jan04, and that the Yamaha Tech Bulletin was issued 09Jan04. That, he said, was apparently a manufacturer negligently witholding safety information from a buyer, a deceptive forbidden act.
It is in the works, the legal ball is rolling. One of the rules here being that the manufacturer get 60 days notice of an impending Deceptive Trade Practice lawsuit. I have done that. Perhaps a resolution will occur before the 60 days. The motorcycle that, in my case, purchased new, had an implied warranty to fitness of meeting the manufacturers new vehicle standards. Since the Tech Bulletin had been issued 11 days BEFORE I purchased my bike, never mind the NHTSA safety recall campaign of 22AUG2003; it would seem that Yamaha allowed to be sold a known defective vehicle that did not meet Yamaha quality standards. Stay tuned.
 

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The August 22 recall campaign affected less than 3000 bikes, and those were 1600's manufactured over a period of a few months.

Centerline, I feel for you, but it seems to me that in order for it to qualify as "deceptive", that means the dealer who sold you the bike had to know about the recall. If you read through all the pages & pages of posts covering the recall on this website, you will see that members of this website were informing dealers about the recall for several weeks. There were very few here in the beginning of this mess who had been informed by the dealers of the recall.

When I asked my dealer about it, they had no idea. They only knew about the august 22 recall and it did not affect warriors. When they looked it up in the system, there was no information yet, just a note that something was coming. I'm not sure what date they got formal written notification, but my guess is that either your dealer hadn't received the notice (or a call from one of us), or maybe your dealer just dropped the ball.

Before you go after yamaha with both guns blazing, I'd find out the date your dealer received something in writing. Then I'd find out the length of time (if there is one, and there should be) that NHTSA allows a manufacturer to get these things out.

As for used bikes, you're probably out of luck...unless you bought from a yamaha dealer, then you might be able to work something out.

Again, good luck with this......
 

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Discussion Starter #10
Thanks Ridingrules. Yeah I bought my Warrior '03 new from a dealer on 20Jan04. I am not placing any blame whatsoever on the dealer for the situation. By the time the Tech Bulletin was issued on 9Jan04; Yamaha was well aware of the problems. The Tech bulletin was very specific in stating that as of Jan09 2004 no affected bikes were to be sold until repaired. I think they stepped over the line on this one. Intentional or not, Yamaha at the least, I think should have made phone con, computer con, whatever with its dealers to stop the sales on affected bikes in compliance with the Tech Bulletin which was prompted by the NHTSA many months ago. Point is, Yamaha knew it was coming.
I suppose the question is then. When do the instructions of the Tech Bulletin apply; on the date of the bulletin; or some nebulous date in the future?
 

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I think that I got the royal shaft. I bought an untiltled, "new", no warranty bike from Yamaha Motor Manufacturing Company and got the title from Yamaha US. The bike had 92 miles on it and had been sitting in the corporate lobby for about 20 months (hence the no warranty). I have also found out the that the tank recall?? hasn't been done on it either. I like the bike a lot and and really don't want to get rid of it. I won't loose any $$ on selling it as I paid a little over true manufacture cost, and it also had about $2000 of upgrades for almost no cost. I guess it is my turn to call Yamaha and light a fire under them for the recall issues. If I don't get any satifaction, it will be time to get ugly with the rest of the group.
 

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Allsmiles, the tank recall's really no big deal, but there's a good chance it will start leaking gasoline if you don't have it done (mine did @ around 6000 miles or so). It only affects '02 models.
 

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I talked to the dealer this weekend and I'm next on the list (#3). Saw someone's RSW getting the engine pulled out for the recall while I was there. I did look like the dealer was taking care not to damage any of the parts and also keep them all together for reinstallion. I'll get them to do the tank recall when the tranny is fixed. I've only got about 600 miles on the bike currently and they said that no reason to change the oil as they will be "servicing" the bike during the recall. It's a shame as the engine is just starting to loosen up and run better. Oh well, just more excuses to have to ride [;D]
 
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