A well-meaning person even left a a 'LEMON LAW' printout, authored by the Office of Consumer Affairs, in the 'TAKE ONE' box left on my car.
Most recently posted on facebook [which seems to apply to used vehicles]:
Whether completely paid off or not, there is still a lemon law in Massachusetts. I believe up to 90,000 miles on the car, the lemon law applies to the car for 3 months. I believe 0-30,000 miles in 90 days. 30k-60k is 60 days, and 60k-90k is 30 days. If all of this happened within a month of you purchasing it they have to fix it for free. If they say there is no diagnostics report, get a second opinion and bring them the paper work. They legally have to fix the car. I just bought a car, it was misfiring brought it back and it needed new spark plugs and coil packs, a week after driving it off the lot. it was fixed within 4 hours and it was done for free because of these laws.
In your case, it would seem that the problem was apparent, consistent and easily demonstrated.
The Toyota problem seems to be ELECTRONICS! The BRAKES are electronic and NOT mechanical. [And there was another problem as well.]
Route 44 Toyota could have fixed the problem.
Toyota U.S.A. could have repaired the problem.
Much like the Toyota Sudden Unintended Acceleration problems that killed 89 people [that we are aware of] the problem seems 'intermittent' - not always present.
This is Mark Saylor's family, killed when a Lexus exceeded 120 MPH and couldn't be STOPPED, terrorizing the family on their last few minutes of life --
The Saylor's cell phone call to police finally compelled Toyota U.S.A. to address their defective Toyotas, precipitated Congressional Hearings and called public attention to the horror of SUDDEN UNINTENDED ACCELERATION.
If you chose to bore yourself with the many posts on my blog, you would find Toyota U.S.A. said "NO COMPUTER ERROR MESSAGE" in many of those cases. In many cases of similar failures, there are no computer error codes programmed [from what experts have told me].
It is my understanding that NO COMPUTER ERROR MESSAGE will be recorded if NO COMPUTER ERROR message was programmed.
On the NHTSA web site, there are 30 reports of BRAKE FAILURE in the same model, as well as reports of accidents and injuries. I submitted in December 2012 a Petition for Defect Investigation to which NTSA responded and retrieved the computer codes.
If others are complaining about similar problems, why isn't Toyota U.S.A. addressing/correcting the problem?
Under the Massachusetts Lemon Law, you are correct that they have to repair the vehicle.
In this case, Route 44 Toyota and Toyota U.S.A. are denying any problem. Hence, a law suit was filed.
The appropriate correction for Toyota's problems is a national standard for electronics, according to what experts indicate.
If I killed your child because of TOYOTA BRAKE FAILURE, "NO COMPUTER ERROR MESSAGE" isn't acceptable. As such, I opted not to drive the vehicle.
Under M.G.L. 93B, the manufacturer is FULLY responsible for the legal fees, etc. That makes Toyota U.S.A. a deep pocketed client that every attorney dreams about!
Toyota U.S.A. has selected an attorney from Albany, NY who has filed for delays, appeared late to court and was forced to chase the other 2 attorneys across the parking lot to ask for a delay of several months, and seems to have sudden 'conflicts' that pop up at the last minute forcing delays.
They're all milking the CASH COW of deep-pocketed clients.....
Toyota U.S.A. pays for 4 hours of travel time from Albany, NY., 4 hours of travel time back to Albany, NY for each appearance.
The last 'motion' didn't involve Toyota U.S.A., yet the attorney traveled to Plymouth to announce her name and state her client's name. And Toyota U.S.A. paid for that appearance.
Toyota U.S.A.'s attorney selected a May date for a deposition and developed a 'sudden conflict.'
Toyota U.S.A.'s attorney selected the last August date for a deposition and developed a 'sudden conflict.' When I posted it on my blog, he revealed the reason for his 'conflict,' but swore my attorney to secrecy because HE DIDN'T WANT TO READ IT ON MY BLOG.
Does that adequately disclose that the SUDDEN CONFLICT might be.......laughable?
Route 44 Toyota also committed to have the owners deposed on that same day, but SUDDENLY remembered a Toyota Conference in Atlanta, GA that had a reservation deadline in JUNE.Insincere Commitments & Games #1
Insincere Commitments & Games #2 or WITNESS PROTECTION
1. The LEMON Toyota and its resolution doesn't consider that Route 44 Toyota ILLEGALLY requested my credit report TWICE and that of a friend.
They requested my credit report ~ 6 months AFTER the Toyota LEMON was purchased!
Route 44 Toyota violated FCRA - Fair Credit Reporting Act.
When they refused to remove the inquiries, I posted the FACTS on dealerrater.
Route 44 Toyota threatened a SLAPP suit [Strategic Lawsuit Against Public Participation] intended to BULLY and INTIMIDATE.
2. Route 44 Toyota takes photos of 'NEW CAR BUYERS,' then sends a tacky calendar, and posts the photos, frequently with the names and license plates on their facebook page, inviting car thieves and stalkers - without disclosure to the NEW CAR BUYER.
Route 44 Toyota: Big Brother Award!
3. The Arrogant Attorney for the Arrogant Route 44 Toyota instructed my attorney that she should advise her client 'to be a good girl, remain silent and allow the Dilly, Dally, Delay, Stall & Bill 'Em law firms to make a mockery of the justice sytem....'
4. When a lawsuit is filed, communication, by statute should cease.
Dilly, Dally Dan failed to inform his client, Route 44 Toyota to cease communication and I endured continued harassment.
Even though I placed Route 44 Toyota on notice AFTER they called my home on October 11, 2012 - clearly stating to remove ALL contact information, Route 44 Toyota continues to harass me.
5. On the day the BRAKES FAILED on my BRAND NEW TOYOTA, I sailed through a Stop Sign at a PUBLIC SCHOOL CROSSING!
I have had nightmares ever since involving potential harm I could have caused because of Toyota U.S.A.'s failure to provide a safe and dependable vehicle.
Dilly, Dally Dan was put on notice of that emotionally distressing breach and his arrogant response is below:
Without addressing the hyperbole in your email, I do not recall the request you are referring to of October 11, 2012. Notwithstanding, if you send me a copy of the “inappropriate” communication to which you refer, I can determine its actual source and will address it accordingly.
Maybe some day, Dilly, Dally Dan Viera will learn to keep his mouth shut or his fingers confined to legal issues.
Route 44 Toyota Harassing ME...AGAIN! When will it STOP?
This goes far beyond a LEMON TOYOTA and represents that an arrogant Route 44 Toyota believes laws and statutes don't apply to them. Their arrogance has convinced them that they can BULLY as they choose.
They're like leeches and just won't go away!
Route 44 Toyota, Toyota U.S.A. and Hertz have always had the option to SETTLE this matter and instead have chosen to spend more on legal fees than the cost of the vehicle.
Remember: HERTZ FORGED MY NAME! For $1400, Morrison & Mahoney, The Dilly Dally, Delay, Stall & Bill 'em Kings will spend GAZILLIONS!
This is WHY litigation is soo expensive - THEY have done it! Not me!
CROSS POSTED: LEMON LAW