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Demetrios M. Perdios v. Audi of America

Case Type:   Lemon Law / New Car Purchase
Case:   Demetrios M. Perdios v. Audi of America
Date:   March 28, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Audi of America, Auburn Hills, MI, Attn: Nicole B., Customer Resolution Center
Facts:   On May 30, 2016, Consumer Demetrios Perdios purchased a new 2017 Audi A4 from Audi Lynbrook, New York. On October 10, 2016, the consumer brought the vehicle in for recalls and alleged problems with his Bluetooth. While the device was streaming it would cut out at times and only play on one side of the vehicle. The Bluetooth was not accepting all calls. On December 5, 2016, the consumer brought the vehicle in for service alleging that the front passenger tire had a bubble in it and that the rim is bent. The tire and rim were replaced and the vehicle was aligned. The MMI Voice command for the Bluetooth speakers vibrate. The technician performed more recalls. On January 20, 2017, the consumer brought the vehicle in alleging that there was a buzzing sound coming from the middle speaker in the front. The technician confirmed the problem and sated that there was a high frequency rattle type noise coming from the center grill and air vent. There is happening because there is a mechanical malfunction of the air vent and grill. The parts were ordered and the air vent and grill were replaced. On April 12, 2017, the consumer brought the vehicle in for service alleging that the vehicle smells when the air conditioner is on. The cabin filter was replaced. On April 27, 2017, the consumer brought the vehicle in for service alleging that the tire that was replaced has another bubble in it. The vehicle was sent to Elite Wheel and Rim Repairs. They replaced the tire and repaired two rims. The consumer also alleged that there was a crackling noise coming from the speakers when streaming the Bluetooth. On August 22, 2017, the consumer brought the vehicle in for service alleging that the MMI system stopes working, including the sound, traffic and navigation. The screen reads currently not available. The consumer also alleged that when he turned on his blinkers there was a crackling sound. On October 5, 2017, the consumer brought the vehicle in for service alleging that the MMI system will go black and freeze a lot and that he cannot scroll to anything. The technician performed a recall for the program vehicle electrical system control module. The consumer alleged that the steering wheel shakes when driving on the highway. This was cause because the wheels were not balanced. While test driving the vehicle the technician found that the front wheel was slightly bent and out of balance. The consumer alleged that the vehicle is not smooth while braking. The technician tested the vehicle and found that the cause was excessive run out of front brake discs. The front window also would not go up. The front door trim panel had to be removed and reinstalled. There was a noise coming from the rear of the vehicle. After a test drive the technician confirmed that the noise was coming from the inside trunk panel. He removed the passenger side trunk liner and found a loose fastener nut for bumper cover on passenger side. The luggage compartment lock carrier trim were removed and reinstalled the lock carrier trim and passenger side trunk panel. On November 22, 2017, the consumer brought the vehicle in for service to have the recall for the speaker trim on the vehicle performed. The consumer also alleged that the MMI system keeps on freezing. The Bluetooth crackles, and the screen does not recognize what song is playing and the time count stays at zero and the playlist disappears from the screen. The technician performed a software update. On February 12, 2018, the consumer brought the vehicle in for service alleging that when plugging in the cable to access the phone Apple car play will not load up as an option. The technician installed foam strips in the rear parcel shelf speaker grill.
Verdict:   After multiple attempts to fix the vehicle and over 58 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to the manufacturer Audi of America demanding that they repurchase the consumer’s vehicle pursuant to Notice Pursuant to New Car Lemon Law; New York General Business Law Article 11-A, Sections 198-A, Et Seq.,; Notice of Revocation of Acceptance and Demand for Rescission Uniform Commercial Code Article 2; Claims Under Manufacturer’s Warranties and Magnusson-Moss Warranty Act; and Demand for All Sales, Financing and Service Documents. After conversations, correspondence and emails with Sandra L., Case Coordinator, Customer Resolution and Retention of Audi of America, she advised the Manufacturer would settle the matter one day after the attorney filed for Arbitration. The prior offer of $5,000.00 cash was rejected. The Manufacturer agreed to replace the car with a New 2018 vehicle and no charge for about 10,000 extra miles over the Lemon Law limit of 12,000 free miles. Mr. Ballato received legal fees in the amount of $1,500.00.

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