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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116765
Experience:  Attorney experienced in commercial litigation.
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From what I gather my question refers to the Magnuson Moss

Customer Question

From what I gather my question refers to the Magnuson Moss Warranty Act. My car is a 2013 Kia Optima Hybrid that was purchased May 25, 2015n from Shortline Kia. Shortline is no longer a Kia retailer. It currently has 55,300 miles on and still falls under the factory warranty. I also purchased an extended warranty. In late 2015 I had a remote start and alarm system installed from a 3rd party. On June 21st, 2016 while driving my car just stopped. I had my car towed to the nearest Kia dealership which was Arapahoe Kia. After several calls to the dealership I was told that there were 20 error codes on my car and they needed to contact Kia technical support. Around July 6th, I was told that they thought it might be the small battery (as opposed to the larger hybrid battery) and that they would have to find one and they normally cost around $400. I search online information sites and most mentioned Kia owner just going down to Autozone and purchasing a battery for somewhere around $175-$250. The new battery did not fix the problem. On July 7th I was informed that my case was being moved to the escalated case team at Kia technical support. Since then there continues to be lagging or total lack of communication between the Kia tech support and the dealership service department. In this time I also call the dealerships Service manager, who did not return my call even after a week had passed. I then called the GM, who said he would return my call but in turn had the service manager do so. When I speak to Kia tech support they say they are waiting for the dealership and the dealership says they are waiting on tech support. Tech support calls and says I need to call the dealership to give authorization for this or that. For example July 8th, Kia tech support called and ask me to call the dealership and give them authorization to disconnect the alarm. The dealership informed me whenever they did get the car to start it set off the alarm. I gave my authorization. After not hearing if the problem was solved I called the dealership around July 11th, when I was informed it still did not fix the problem. July 19th Kia tech support called again asking for me to give the dealership authorization to remove the alarm system or to tow it to the retailer that installed the equipment. I had already given the dealer permission to do so. I called the dealership on July 27th, and I was told that they needed to remove the remote start system and that it was a 2.5 hour job. I gave my permission to remove the auto start system with the reminder that at this point they have had my car for 36 days. I called Kia US headquarters on July 29th, the representative mentioned no updates to the case file and had to call the dealership. After keeping me on hold almost 10 minutes because they couldn’t find my records, I was told that again my case was being escalated to another team and I would hear from them within 2 or 3 days. And that the Arapahoe dealership was under staffed and just didn’t have the man power to give sufficient attention to my vehicle and that it may have to be moved to another dealership. As of the writing of this letter August 6, 2016 I have not heard from a different case manager but did receive a call from the old case manager again asking me to give my authorization to the dealership to remove the alarm and remote starter, which was given to them on July 11th.
As of this post Aug 12th, 2016. I have still had no contact from Arapahoe Kia or Kia headquarters
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your claim falls under both the MMWA and stare warranty laws. The first step is that under MMWA the state attorney general has a process to mediate these warranty disputes. If the attorney general cannot mediate the dispute, then you can sue in court to force them to replace the vehicle with s similar one or give you book value on the car so you can get another car. However, most times the attorney general can resolve a warranty claim through mediation and get you resolution.

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