On October 17, 2014, the letter below was sent to David Kelley, an attorney who has been appointed the Independent Monitor of TOYOTA as part of the $1.2 BILLION settlement with the Department of Justice, TOYOTA'S GET OUT OF JAIL FREE CARD!
[The letter below was sent without the images or highlighting.]
David
N. Kelley, Esq.
Independent
Monitor
Cahill
Gordon & Reindel LLP
80
Pine Street
New
York, NY 10005-1702
Re:
TOYOTA DEFECT INVESTIGATION & TAMPERING
Dear
Mr. Kelley:
April
23, 2012, I purchased a NEW 2012 Prius C from Route 44 Toyota located
in Raynham, MA, at the time incorrectly believing TOYOTA would be
responsive to problems with their vehicles.
I
am simply a CONSUMER!
My
2012 TOYOTA Prius C had 600 miles on the odometer as I drove out of a
parking garage.
The
vehicle experienced such a significant jolt [NO NOISE] I initially
believed my TOYOTA had been struck in the rear and subsequently
realized the jolt was caused by the vehicle itself transitioning
from the battery to its gas engine.
When
TOYOTA called that evening and I shared my experience, I was
instructed to call the dealership to have the vehicle checked.
Initially,
the dealership refused to make an appointment, assuring me this was
NORMAL OPERATION even though it was not previously experienced. Major
jolt from transitioning?
A
short time later, while approaching a STOP SIGN at a Public School
Crossing, I applied the BRAKES, and as the pedal traveled to the
floor, a dash light flashed on while the TOYOTA continued to travel
through the STOP SIGN.
I
subsequently drove SLOWLY to my home and had the vehicle towed to the
dealership.
I
was assured there were "NO COMPUTER ERROR MESSAGES."
I
was informed a TOYOTA SERVICE PERSON would examine and test drive my
2012 Prius C but was prevented from being present.
When
I subsequently attempted to retrieve my vehicle, the brake pedal
again traveled to the floor which I have come to understand is NOT
acceptable behavior.
I
left my TOYOTA at the dealership to have it examined again and was
informed this is how electronic brakes operate and I just needed to
get 'used to it.'
It
is now my understanding once the ignition has been shut off and
turned on or the battery disconnected, all computer error messages
are erased.
I
refused to drive a TOYOTA that experienced unpredictable behavior in
less than a month of operation and less than 1,000 miles on the
odometer. I left the vehicle on the dealer's property and filed a
complaint. How can any driver operate a 2012 TOYOTA Prius C with
unpredictable behavior?
When
I cleaned the vehicle out and retrieved its license plates in August
2012, I reported to my attorney at that time the ODOMETER read ~ 600
miles.
I
knew at that time my vehicle had been tampered with while in the
custody of the dealership.
I
did NOT turn on the ignition, but merely turned the key to the
accessory position.
I
subsequently became aware of NHTSA's process to Petition for Defect
Investigation which I filed because I firmly believe there are 2
separate issues:
1.
my refusal to drive a TOYOTA vehicle in which I would jeopardize the
safety of others
2.
the safety of other TOYOTA owners if there is a safety/software
defect
When
NHTSA arrived at the dealership to examine and test drive the
vehicle, it had been sitting for almost a year, its battery was dead
and required replacement.
That
would delete any error messages.
You
will note NHTSA has documented subsequent TAMPERING with the
ODOMETER, posted in the Federal Register in JULY 2014.
https://www.cfr-ebooks.com/register/2014/Jul/31/2014-17984.pdf
Denial of Motor Vehicle Defect Petition, DP13-002, 44487-44491 [2014-17983]
DEPARTMENT
OF TRANSPORTATION
National
Highway Traffic Safety
Administration
Denial
of Motor Vehicle Defect Petition,
DP13–002
If
there was nothing found wrong with my TOYOTA, why was its odometer
TAMPERED with?
You
will note the inclusion of information about a 'HILL HOLD FEATURE,'
yet when the BRAKE FAILURE was experienced, I was operating on a FLAT
SURFACE, there were never any bells or whistles noted.
This
matter goes far beyond the egregious conduct by NHTSA and TOYOTA.
Subsequent
to filing a lawsuit, I discovered the dealership, Route 44 Toyota had
violated the FCRA [Fair Debt Collections Practices Act] and
illegally requested a credit report on the day I presented payment in
full for the vehicle.
In
addition, Route 44 Toyota requested my credit report on the day
[October 2012] they discovered my vehicle on their property with no
license plates on it.
Route
44 Toyota also illegally requested a credit report of a disinterested 3rd
party on that date.
We
did NOT travel to the dealership, request credit or undertake any
action enumerated under FCRA.
When
I filed a complaint with TOYOTA, it was ignored.
When
I posted my experience on 'dealerrater', a web site which provides
the dealership with a two week time frame to remedy a consumer
problem prior to making it publicly available, I was threatened with
a SLAPP suit by the dealership's attorney, Daniel Viera.
In
my complaint, I sought to have the purchase price of my 2012 TOYOTA
Prius C refunded along with other associated costs.
Instead,
I have been stalked, spied upon, my medical records shared [for which
2 agencies are currently investigating HIPAA violations] and more.
It
is now more than two years since the complaint was filed and TOYOTA's
attacks continue, while the deposition process remains incomplete.
Attorney
Keith Rose has traveled to and from Albany, NY, requiring 4 hours to
Plymouth, MA, 4 hours back to Albany for nonsensical reasons.
During
the first year, Attorney Rose had profuse 'scheduling conflicts'
which reflects TOYOTA's DILLY, DALLY, DELAY, STALL & BILL 'EM
tactics.
[THE KING OF CONFLICT!]
Each
time, Attorney Rose stands before the court, he presents bizarre and
fictional versions of this matter.
I
am a simple consumer who mistakenly purchased a new 2012 TOYOTA Prius
C.
Instead
of making the vehicle function properly, I have been attacked,
discredited, stalked,.....
my medical records shared....,
my medical records shared....,
....my sobriety and drug
use challenged, illegally obtained credit reports abused, my privacy
invaded and more.
As
a consumer, I have been strong-armed, stalked and attacked for
protesting a DEFECTIVE TOYOTA vehicle.
Since
the Federal Register Denial was posted in July 2014 [while strangely
the Public Comment period ended in April 2014] this matter does seem
to fall within your jurisdiction.
Other
TOYOTA owners are stuck with these malfunctioning vehicles because
they have no recourse and it's time to make things right for
consumers.
