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Acura MDX

Settlement:   Undisclosed
Case Type:   Lemon Law New Car Purchase
Case:   Consumers v. American Honda Motor Corporation
Date:   February 24, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., of Massapequa, NY
Defendant Attorney(s):   American Honda Motor Corporation, of Torrance, CA
Facts:   On December 29, 2015, consumers purchased a new 2016 Acura MDX from Acura. The consumer’s brought the vehicle to Acura of Bay shore for service alleging that the steering wheel is off center and that the lane keeping assist button isn’t lighting up. On January 18, 2016 the consumer’s returned the car for service alleging that the car had a bogging feeling when accelerating from a stop position. The technician found a service bulletin 15-054 which pertains to this problem 30 auto transmission. The PCM and the TCM software were updated and an idle relearn was performed. The customer also alleged that the steering wheel was pulling to the right while holding the wheel straight. The technician straightened the steering wheel. The consumer also alleged that the driver side door has a wind noise from the top corner. The consumer brought the vehicle back for service alleging that when coasting and reaccelerating the car hesitates. The customer alleged that the transmission hesitates when in gear. The technician contacted the Acura tech-line and performed three procedure on the vehicle. The consumer brought the vehicle in again for the steering wheel and the same acceleration issue. The consumer alleged that it takes the vehicle a long time to accelerate on the highway. A multi-point inspection was performed. A few weeks later the consumer brought the vehicle back to service alleging that the vehicle hesitates while merging and trying to accelerate. Technician found that the vehicle was in comfort mode instead of normal mode. In June of 2016, the consumer brought the vehicle back in for service alleging that the vehicle still hesitates. The vehicle was brought back in for service because the automatic lights were not coming on.
Verdict:   After six attempts to fix the vehicle and 9 days out of service, the consumer’s hired Anthony T. Ballato, Esq. of Massapequa, NY to represent them. Mr. Ballato sent a demand letter to American Honda Motor Corporation, of Torrance, CA demanding that they repurchase the consumer’s vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. After conversations and correspondence with American Honda Motor Co., Inc., of Torrance, CA we were advised that the Manufacturer was unable to grant a repurchase of the vehicle. The consumers decided to go to Arbitration through the New York State Dispute Resolution Association. On January 13, 2017 the case was accepted for arbitration. Before the arbitration date of February 28, 2017 the manufacturer settled, but objected to disclosing the terms of the settlement.

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