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The following fraud analysis was completed by an actual 4 Wheel Parts Employee, which was taken off the website RipoffReport.com.

No Questions Asked Tire Warranty
is False & Misleading to Consumers
......Despite the Torrent of Consumer
Complaints, 4WP Only Responds by
Lowering Price By $50


Even though my company’s tire warranty clearly states,
(No Questions Asked,) the scam artists at our corporate headquarters specifically wrote it in for us to be able to do just that (Ask Questions) and deny claims at will.

Even though my company advertises, (No Questions Asked On & Off-Road Hazard Tire Protection Warranty,) my company’s contract specifically states, (Tires which have been run flat or abused will not be covered by the contract,) opening the door for us to ask questions. This allowed my manager to wrongfully reject several customer tire warranty claims.

Several of our customers rightfully argued and that our advertisement was, (False and Misleading) for the following reasons below:

1) No questions asked meant what it stated, (No Questions Asked regarding the tires,) or else change the tire warranty advertisement. In order for consumers to obtain a warranty refund claim on a tire past 50% life, they must purchase another tire warranty for the new tire.

2) The title of the warranty, (No Questions Asked) contradicts the terms set forth of the tire warranty specifically, (Tires which have been (abused) will not be covered by the contract).

3) The contract FAILS to define specifics and limitations to the contractual word, “ABUSED.” It is common sense and fact that when a tire is taken off-road and exposed to the various elements, “It is abused by definition.” Furthermore, when a truck is stuck and wheel-spin is initiated for the truck to get out of this emergency
condition.

During this time, the tire experiences various ranges of heat and vibration, which is defined in the industry as extreme conditions and/or abuse. Another example might be emergency braking which is defined in the industry as extreme conditions and/or abuse on tires.

4) The tire warranty contract also (FAILS) to state for who is to make the final determination that a tire and/or tires have been abused, such as COOPER TIRE COMPANY or an independent entity.

5) FALSE AND MISLEADING DEFINED....In determining whether any advertisement, statement, or representation is false or misleading, it shall be considered considered in its entirety as it would be read or heard by a persons to whom it is designed to appeal. An advertisement, statement, or representation shall be considered to be false or misleading if it tends to deceive the public or impose upon credulous or ignorant persons.

Note: Authority cited sections 9882 and 9884.19 of the Business and Professions Code 9884.7(1)(a) and (h) and 17500 Business and Professions Code.

6) CONCLUSION: My ex-company has marketed an “On & Off-Road Tire Warranty that is clearly defined, (False and Misleading) to consumers by using the words, “No Questions Asked.” My ex-company has failed to fully define the word, (ABUSED) as it is a term used for exclusionary purposes of the tire warranty contract. In failing to define the word (abused), it can NO LONGER be applicable in the decision to whether or not honor a customers tire warranty. In order for consumers to obtain a warranty refund claim on a tire past 50% life, they must purchase another tire warranty for the new tire.



Magnuson-Moss Warranty Act



April 9, 2005

Re: FTC Ref. No.


Dear Sir:

We are pleased to respond to your correspondence describing your difficulty obtaining warranty performance.

The Magnuson-Moss Warranty Act is intended to help consumers with warranty disputes enforce their rights. The Act permits consumers to sue a company that fails to live up to its promises under a warranty. Among other provisions, the Act allows consumers who prevail in suits for breach of warranty under the Act to recover attorney's fees and court costs, as well as damages and other relief awarded by the court. Enclosed is a brochure that explains your rights and responsibilities under the Act.

The Commission's role is to identify those companies that consistently violate consumers' warranty rights and pursue corrective action through administrative proceedings rather than by resolving individual complaints. In addition, we hope the following information is helpful.

You may be interested to know that there are no federal or state laws that require companies to provide a$$istance for problems that occur after the warranty ends. A company's obligation to repair or replace a defective product is limited to the terms of its written warranty. On the other hand, a company must take care of problems that are first complained about during the warranty period, even if the warranty runs out before the problems are resolved. Until the problems are resolved, the warrantor has not performed as promised. It is a good idea to keep a copy of any letter or receipt that shows when problems were first brought to the attention of the company or servicing dealer.

If the company is unable to repair the product, you may have a right under state law to receive a refund, even if the warranty indicates that no refunds will be given. Under Section 2-719 of the Uniform Commercial Code, effective in nearly all states, if a warranty limits the remedy available under it, and that remedy given does not work, the consumer has the right to seek other appropriate remedies.

For example, if the warranty provides that the company will only repair a product, and not provide a refund or replacement, the company is entitled to a reasonable opportunity to repair the product in question. However, if the product is seriously defective and a number of repair attempts do not place it in proper condition, then the owner may have a right to a refund or replacement. You should ask a lawyer how this rule works in your state.

In addition, even if your product is no longer covered by the manufacturer's warranty, it may still be protected by an implied warranty created by state law. All states have such warranties, and they supplement the protection of any written warranty. The most important of these warranties is the implied warranty of merchantability, which promises that a product will be fit for the ordinary purpose for which it is sold. For example, in the case of an automobile, the warranty of merchantability guarantees that the vehicle is fit for transportation. If the automobile is not fit for transportation, the purchaser may be able to revoke acceptance due to a breach of the implied warranty. In most states, implied warranties run for four years from the date of sale. If you are unable to reach a satisfactory agreement for the repair of the product, a private attorney may be able to provide advice on how to enforce implied warranty rights.

Thank you for bringing this matter to our attention. Letters such as yours help us maintain an awareness of those problems consumers are experiencing.



Sincerely yours,


Consumer Response Center