Consumer Protection

The Watchdog: Tornado damage attracts bad guys, but here’s one who got away — and more Watchdog tales

new report from TexPIRG, a consumer public-interest group, accuses AutoNation, the nation’s largest auto retailer, of selling cars that required recall repairs that weren’t done.

News Release | U.S. PIRG Education Fund | Consumer Protection

Deadly infant products sold after recalls at T.J. Maxx, Marshalls, HomeGoods

The U.S. Consumer Product Safety Commission (CPSC) announced today that discount stores T.J. Maxx, Marshalls and HomeGoods sold 19 different recalled products to consumers between 2014 and 2019. In the case of five products, the stores’ parent company TJX initiated the recall. The products included the Rock ‘N Play and Kids II inclined infant sleepers, which are responsible for a number of fatalities, rattles that can break and pose a choking hazard, and electronics that overheat or explode.

News Release | TexPIRG Education Fund | Consumer Protection

New government data & TexPIRG investigation reveal unsafe toys impact on kids

More than 226,000 kids went to the emergency room in 2018, according to newly released data from the U.S. Consumer Product Safety Commission--the majority from choking hazards.  TexPIRG Education Fund released its 34th-annual Trouble in Toyland report on the same day to help identify dangerous products still for sale in 2019 and provides tips for parents and gift-givers. 

 

“Toys have become safer over the last three decades, but dangerous and toxic toys remain on store shelves. With that in mind, parents need to be vigilant to keep their kids healthy and safe,” said  Lauren Banister, TexPIRG Education Fund Associate. “Manufacturers and regulators must do more to ensure all toys are hazard-free before they end up in a child’s hands.”

While stronger safety standards have significantly reduced the number of dangerous toys for sale, problems persist. TexPIRG Education Fund has identified three categories of toys that parents should be on the lookout for: detectable dangers, hidden toxics and hazards, and recalled toys.

News Release | U.S. PIRG Education Fund | Consumer Protection

Heartburn medication recalls continue due to carcinogen concerns

The U.S. Food and Drug Administration (FDA) has confirmed today that the drug manufacturers Dr. Reddy’s and Perrigo have initiated a voluntary recall of all of their generic versions of Zantac (ranitidine) -- commonly used to treat heartburn -- due to carcinogen contamination.

News Release | U.S. PIRG Education Fund | Consumer Protection

Proposed rule would remove unsafe, inclined infant sleepers from market

Despite more than 50 infant deaths from inclined sleepers, including the Fisher-Price Rock ‘n Play and the Kids II Rocking Sleeper, many versions of this type of product remain for sale and in homes. The U.S. Consumer Product Safety Commission (CPSC) is proposing a new rule that would virtually end the sale of inclined sleepers. 

1 in 7 used cars at Texas AutoNation lots have unrepaired safety recalls, study finds

America's largest auto retailer AutoNation is selling used vehicles with unrepaired safety recalls, according to a study by the Texas Public Interest Research Group Education Fund. Those recalls include explosive Takata airbags, faulty GM ignition switches and other defects with no known fixes.

“By selling recalled cars with safety defects, AutoNation endangers customers’ lives before they even reach home,” said Adam Garber, U.S. Public Interest Research Group Education Fund’s Consumer Watchdog. “The only way that AutoNation can ensure a ‘worry-free’ purchase is to repair every recalled vehicle before selling it.”

Report | TexPIRG Education Fund | Consumer Protection

Unsafe Used Cars for Sale

AutoNation, which bills itself as “America’s Largest Auto Retailer,” is selling recalled used vehicles that contain dangerous safety defects. In a survey of over 2,400 used vehicles for sale at 28 AutoNation locations, 1 in 9 were found to have unrepaired safety recalls. Those vehicles are potentially hazardous to the people who buy them, their passengers and everyone else on the road. Vehicles with defects subject to safety recalls – including malfunctioning Takata airbags and General Motors ignition switches – have been responsible for thousands of injuries and deaths.

Every AutoNation location surveyed was found to have unsafe, recalled used vehicles for sale.

• Researchers surveyed used vehicles for sale at 28 AutoNation locations in 16 metro areas across the nation during July and August 2019. Out of 2,429 vehicles surveyed, 285 had unrepaired safety recalls. 

• Some dealerships had a significantly greater proportion of used vehicles under recall than others. At the Chrysler Jeep West (CO) location, nearly 1 in 5 used vehicles had an unrepaired safety recall. At the Honda Fremont (CA), Hyundai Denver (CO), Chrysler Dodge Jeep Ram and Fiat Johnson City (TN) and Subaru Spokane Valley (WA) dealerships, more than 1 in 6 used vehicles contained an unrepaired safety recall.

• Even “certified” pre-owned vehicles often have unresolved recalls. Our survey found 14 instances of “certified” cars with unrepaired safety recalls.

All vehicle safety recalls should be taken seriously, and vehicles should be repaired before sale to consumers for use on the roads. Some victims have been killed within hours of when a dealer handed them the key to a defective car.

69 of the 2,429 used vehicles surveyed contained recalled Takata airbags that have been linked to 24 deaths and over 200 injuries globally. Exploding shrapnel from defective airbags has caused blindness and brain injury, as well as death from blood loss.

Some recalled used vehicles at AutoNation had no remedy available. 

Of the vehicles surveyed, 47 (16 percent of recalled vehicles) had an unrepaired safety recall for which a remedy wasn’t available at the time of the analysis. Consumers who purchase such a vehicle may have to wait for months or longer before their unsafe recalled vehicle can be repaired.

AutoNation advertises that its used vehicles are “worry free.”

AutoNation claims on its website that “we take the risk out of buying a pre-owned vehicle,” and that “as an industry leader we hold ourselves to higher standards.” It also purports to “provide promises and processes you won’t find anywhere else,” and advertises its pre-owned vehicles as “worry free.”

However, former AutoNation CEO Mike Jackson has admitted that vehicles with safety recalls are far from “worry free.” In 2016, Automotive News reported that he said: 

"These are not that the wrong tire-pressure sticker is on the car or some other little minor item. …These are significant safety recalls, and we feel the time has passed that it's appropriate to take a vehicle in trade with a significant safety recall and turn around the next day and sell it to consumers.”

His statement was referencing the promise that AutoNation made in 2015 not to sell used vehicles with unrepaired recalls. But this pledge lasted less than 18 months. On November 28, 2016, AutoNation walked back on its promise and began to market recalled vehicles.

Many recalled vehicles are at dealers with service shops capable of making repairs in-house.

Most AutoNation dealerships are franchisees which sell new cars that are affiliated with a specific manufacturer and have service shops that specialize in fixing that manufacturer’s vehicles. Since recalled vehicles typically must be returned to an authorized dealer for repairs, this should make it easier for those dealerships to make repairs to used recalled vehicles of the same brand, as a service department capable of making the repairs often exists on site. But, our survey found 62 used vehicles that were being sold by AutoNation dealerships of the same make as the vehicle under recall. 

Dealers’ sales of used vehicles with unrepaired safety recalls may be illegal. 

All states prohibit licensed dealers, including those that sell used vehicles, from engaging in practices such as bait and switch, false advertising, unfair and deceptive acts and practices, fraud, violating express or implied warranties and the common law duty of care, negligence or causing wrongful death. AutoNation’s failure to repair recalled cars despite promising that it is selling vehicles that are of high quality may violate these provisions. 

Auto dealers should not sell unrepaired recalled used cars to consumers. To help address the risks posed by AutoNation’s sales of unsafe recalled vehicles to consumers:

Policy recommendations

  • The U.S. District Court in Washington, D.C., should grant the relief requested by Consumers for Auto Reliability and Safety, U.S. PIRG, and the Center for Auto Safety, and overturn the Federal Trade Commission’s consent orders with GM and with the automotive dealership chains CarMax, Lithia, Koons, West-Herr and Asbury that allows them to advertise that unsafe vehicles with unrepaired safety recalls are "safe," "subject to rigorous inspections," "repaired for safety," and "certified," as long as they merely disclose that the vehicles may have an open safety recall.

  • The Federal Trade Commission should prohibit AutoNation and other dealers from engaging in deceptive and unfair practices, such as advertising its used vehicles as “worry free” and high-quality when they have unrepaired safety recalls. 

  • State attorneys general should investigate AutoNation and other dealers who engage in such practices, and enforce existing state laws that prohibit them from selling unsafe, unrepaired recalled vehicles to the motoring public. 

  • AutoNation should honor the commitment it made in 2015 and re-institute its former policy of not selling used cars with unrepaired recalls. Dealerships across the country should follow suit and implement policies that prevent the sale of used vehicles with unrepaired safety recalls. 

For consumers

  • As long as dealers continue to sell vehicles with unrepaired recalls, consumers should investigate any used vehicle they plan on purchasing to make sure that it does not contain unrepaired recalls. If the vehicle does have an unrepaired recall, consumers should refuse to buy it until it has been repaired by the seller at an authorized dealership.

  • If you recently purchased a used car, you should look up the Vehicle Identification Number (VIN) at www.safecar.gov. If there is an unrepaired recall, go to any of the manufacturer’s authorized dealerships to have it fixed. 

  • If you own a vehicle that is subject to a safety recall, and the parts are not available to fix the recall, insist on getting a safe loaner or rental vehicle from the manufacturer. 

  • Consumers or surviving family members harmed by dealers who sold unrepaired, recalled used cars should consult an attorney in their state who specializes in representing consumers in auto warranty and auto fraud litigation.

News Release | TexPIRG Education Fund | Consumer Protection

Investigation finds 1 in 7 used cars for sale at surveyed Texas AutoNation lots have unrepaired safety recalls

AutoNation, America’s largest auto retailer, is selling used vehicles with unrepaired safety recalls including explosive Takata airbags, faulty GM ignition switches and defects with no fix available. Unsafe Used Cars for Sale, a new report from Texas Public Interest Research Group Education Fund and the Consumers for Auto Reliability and Safety (CARS) Foundation, 1 in 7 cars for sale in Texas at AutoNation dealerships are dangerous to drivers, passengers and others who share the roads. 

“By selling recalled cars with safety defects, AutoNation endangers customers’ lives before they even reach home,” said Adam Garber, U.S. Public Interest Research Group Education Fund’s Consumer Watchdog. “The only way that AutoNation can ensure a ‘worry-free’ purchase is to repair every recalled vehicle before selling it.”

The survey found numerous unsafe cars among more than 2,400 vehicles analyzed at 28 dealerships in 12 states. 1 in 9 cars for sale at all surveyed dealerships had active recalls and specifically, 1 in 7 cars at surveyed Texas dealerships have recalls. The recalled vehicles had defects that could cause vehicles to stall in traffic, seat belts to fail, Takata air bags to propel metal fragments at passengers, cars to catch on fire, or steering to malfunction.

Unsafe Used Cars for Sale

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