Paint sealant lawsuit

[shotime]

Does anybody think there is a basis for a class action suit against these companies that sell "5 year" paint sealants? You can`t really fault dealerships due to the fact they could have been mislead by one of these companies. I figure the basis could be two reasons-
Faulty claim- nothing will last 5 years, period. Info would have to be gathered to prove this. They may waranty the finish for 5 years, but you`re buying a sealant, with a waranty, not a waranty.
Misleading info- The fact that they say it`s a teflon sealant. Teflon, as everybody here knows, does nothing to protect paint and is not a sealant. It is also stated by DuPont themselves that it has no protective properties.

In the end this costs US business because these people are lead to believe that they don`t need to maintain thier vehicles. And they are told don`t put anything else on it or it void the waranty.

Any legal people here care to chime in?

[Scott P]

Not worth the effort or time. Dealers don`t care because they are selling a product at an insane mark-up. If people don`t know any better, then it`s their own fault. Don`t these products require regular upkeep every six months or so? That wold make them better cared-for than many other cars on the road.

[GregCavi]

I wish there could be lawsuit for this. I do some detail work at a dealership and I can overhear the dealer asking folks if they want the 5 year sealent and i just want to scream "DONT DO IT.. ITS A SCAM!!

Greg

[JaredPointer]

I would seriously doubt that you could bring suit against these type of products or their manufacturers. I am almost certain there is some fine print that "details" the correct usage of the product and states it`s real-world abilities. I would assume it is up to the consumer to be educated and make wise choices. There are way too many frivilous lawsuits in this country today(IMHO).

[GregCavi]

There are way too many frivilous lawsuits in this country today(IMHO).

The Mcdonalds made my kid fat lawsuits.. ya .. good point!

Greg

[Big Leegr]

Well, I think you`d have to pay to have conclusive tests done that absolutely refute what they say. My guess is that there is enough fine print, quid pro quos, vaguenesses, and exceptions that it would be hard to pin down what exactly they ARE selling. You might get them to change some wording, but from what I`ve seen of the contracts, you need to have rust go right though the metal before it`s "claimable" from some companies, there doesn`t seem to be an actual verifiable reference as to what level of "shine" is acceptable before the product can be labeled as having "failed" and, from what I understand, the only recourse is to have the sealant re-applied, which is something the companies would likely do well before being brought to court, and by being willing to "follow through with their end of the contract" they would be absolved of any wrong doing.

Just my take on them. But I agree that education of the potential customer is the best course of action.

[Jngrbrdman]

I would seriously doubt that you could bring suit against these type of products or their manufacturers. I am almost certain there is some fine print that "details" the correct usage of the product and states it`s real-world abilities. I would assume it is up to the consumer to be educated and make wise choices. There are way too many frivilous lawsuits in this country today(IMHO).

That is it right there. They tell you that you don`t need to have it treated again for 5 years, but proper maintanance is required. They give you a whole manual that details what proper car is for the car. Not waxing the car for 5 years is not part of the deal. Besides, you would have a really hard time certifying a class action in that kind of thing. It would take years to find enough people to fill the class and thousands and thousands of dollars. No lawyer will take that kind of a case. Damages will be too hard to prove since proper care instructions were provided to the customer at the time of purchase. If their paint is peeling off then it is because they didn`t follow directions. It won`t ever happen.

[shotime]

Good points. I`ll swipe some literature on it tomorrow and see what it says. I`ll also have one of the salesman I trust swipe one of the contracts. Like you`ve said, they`ve most likely covered themselves in words.

If a lawsuit won`t work, is there any ideas on educating people about it? Local news?

[TDMAN]

I don`t know. I bought my car with the "5 year paint seal". This was before I found this site, and before I knew what I knew. It`s been about 9 months, and I`ll be damned if that car is a shiny and new looking as a new car off the lot! I don`t know what they used. But they warranted it for 5 years against fading, bird sh*t, sap, tree fall out, pretty much everthing. I asked before I signed and I asked 4 months after I signed. Even the service manger said, "Yep, bring it back and we will take care of it, as long as it is not been from abuse (reasonable). I even talked to a local detailer. He said they use a product called Glare and that they are overcharging you to put it on. I pretended I was shocked. But I did read their bottle warranty and its pretty clear: good for 5 yrs. Now, personally, I bought some Glare and tried it on another car. It sure looked like mine when I was done. I don`t think it would be wise to wait 5 years, and I certainly won`t. But I know that Glare stuff looked pretty darn good and I will use it again and put it on my second car.
Maybe I will contact the company and bring back some feed back. I dunno. :confused: :dunno

[Big Leegr]

Good points. I`ll swipe some literature on it tomorrow and see what it says. I`ll also have one of the salesman I trust swipe one of the contracts. Like you`ve said, they`ve most likely covered themselves in words.

If a lawsuit won`t work, is there any ideas on educating people about it? Local news?

I don`t think I`d want to get the news involved, as you may get in trouble for defamation of character. Especially if you don`t have specific proof to back up your claims-Actual failures, lab reports, etc.

As far as educating, look at the similarities between the warranteed product and typical detailing. If there is to be a "maintenance application" every 6 months, explain how bringing the car to a detailer every 6 months would keep the car pretty shiny too. And you`d be able to address other issues like scratches, interior, etc. that may not be included with the waranteed product. Look for "weak spots" with the warranty. Try to show how detailing would be a better value/option. I wouldn`t try to push "better looking results" as some sealant packages may look very good to the customer, and some dealers may have very good detailers working for them, using very good products.

Another thing to consider, is that each products` warranty is likely a little different in regards to what is covered. Some will cover bird damage, some may not. Some may say rust resistant, some may not. I`ve read that Chryslers package is quite comprehensive, but I don`t know how much "claim pay-out" they have.

But you also need to realize that even if the product isn`t as bullet proof as they might say it is, some people wouldn`t see the degradation. They don`t realize that swirls aren`t "mandatory." They like the peace of mind they get because they aren`t going to be bothered with regular upkeep. And with clearcoats, you really aren`t too likely to see dramatic fading within 5 years anyway. So to someone that doesn`t want to worry about their cars` maintenance and just uses the "wash with fill" washes, no amount of "education" is going to make them feel happier with regular upkeep. Just the way some people are.

And just to waffle yet again... It`s the detailers` job to make their packages more attractive to the customer, just as it`s the Dealers job to sell their packages. You`ve just got to find the type of customer that Detailing is more applicable to.

I guess I`ve rambled enough. :)

[shotime]

Good point. Dealerships do a TON of TV advertizing also, the don`t bite the hand that feeds you concept. I`ll get those brochures and contracts and just try to punch as many holes as them as I can and incorporate it into some of my literature. My place charges $800+ for a sealant/interior, so for every person swayed, that`s $800 that`s going into our pockets instead of a greedy dealer.

On the pay outs, they sell about 5 a month at work. I`ve been there 3 years so thats 180 packages. I`ve seen ONE claim for rust in the door jamb. $800 x 180 = $144000 and one claim worth about $400 in paint work.