8/22/05 UPDATE: the latest on the Herb Chambers matter.
Just to keep you in the loop on my Herb Chambers Infiniti dispute, here’s the update. I sent along a “30 day letter” and copied some consumer advocates and a couple members of the Nissan / Infiniti management team in Gardena. I will keep you all in the loop on the response, if any. The duct tape part is the most fun.
February 18, 2005
The Herb Chambers Companies / Herb Chambers Infiniti
1198 Commonwealth Avenue
Boston, MA 02222
Dear Mr. Chambers:
I have tried diligently over the past three months to solve this matter directly with your service manager, Paul Dineen. The only response I have received to my letters of November 24th and November 29th was a forwarded e-mail from Mr. Dineen that had been authored by your Mr. Forero and entitled “letter from Ted”. While no solution was proposed, some of my key concerns were not addressed, and it contained several factual errors, the sequence of events was essentially verified by Mr. Forero’s letter. I responded to Mr. Dineen on January 5, 2005 asking him to propose a solution. He ignored me. I wrote again on January 12 with the same request. Again, I was ignored. Finally, I wrote on January 27th and was ignored a third time. Therefore, you have left me no choice but to pursue remedies under the law.
Under the provisions of Massachusetts General Laws, Chapter 93A, Section 9, I hereby make written demand for relief as outlined therein.
On or about the weeks of July 19th, September 13th and September 20th, 2004, the following unfair and deceptive acts occurred:
– Employees, agents, or representatives of Herb Chambers Infiniti represented that unnecessary repairs were needed in order to make the automobile operational;
– Employees, agents, or representatives of Herb Chambers Infiniti represented that unneeded repairs were necessary in order to pass the emissions component of Massachusetts State Inspection;
– Employees, agents, or representatives of Herb Chambers Infiniti represented that the vehicle was adequately repaired & test driven and ready for delivery when it was not…
– Employees, agents, or representatives of Herb Chambers Infiniti represented that the vehicle’s emission issue had been repaired, when in fact, they were aware that operation of the vehicle in its delivered state constituted a violation of state and federal emissions laws;
– Employees, agents, or representatives of Herb Chambers Infiniti made numerous false assertions about the vehicle’s parts and condition in order to justify additional repairs;
– Employees, agents, or representatives of Herb Chambers Infiniti used substandard procedures to install an OEM air intake system (including but not limited to the use of duct tape to seal the automobile’s fresh air intake cowling)
– Employees, agents, or representatives of Herb Chambers Infiniti accepted $x,xxx.xx for this work over multiple service orders;
These unfair and deceptive practices are, in my opinion, declared unlawful by Massachusetts Law, specifically Chapter 93A, Section 2, and by Federal Law, specifically section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1).
As a result of your unfair and deceptive practices, I suffered injury or loss of money as follows:
– Unnecessary repairs on work order #68038 totaling $x
– Unnecessary repairs on work order #69229 totaling $y
– Unnecessary repairs on work order #69345 totaling $z
Therefore, I hereby demand the following relief:
A refund in the amount of $c, which represents the above service orders less $359.90 for a pair of tires that I requested.
Chapter 93A gives you the opportunity to make a good-faith response to this letter within thirty (30) days. Your failure to do so could subject you to additional damages, attorney’s fees and court costs when legal action is commenced against you.
Since my research has turned up numerous similar complaints against The Herb Chambers Companies / Herb Chambers Infiniti, I have copied the Massachusetts Attorney General’s Office of Consumer Affairs and Business Regulation and Mayor Menino’s Office of Consumer Affairs so that they may separately make a determination under Section 4 of 93A as to whether an injunction against The Herb Chambers Companies is in the public interest.
This letter serves as your final opportunity to resolve this issue outside of a court of law. Further, it in no way limits my remedies to those described herein.
I look forward to receiving your response prior to March 23, 2005.
/s/ Anthony Citrano
cc: Mark Igo, VP and General Manager, Infiniti Division, Nissan North America
Joy Murakami Crose, Vice President and General Counsel, Nissan North America
Diane Lawton, Managing Attorney, Mass. Attorney General for Consumer Protection
Scott D. Schafer, Mass. Assistant Attorney General for Consumer Protection
Patricia Malone, Director, Mayor’s Office of Consumer Affairs & Licensing
8/22/05 EDIT: For the latest on this matter, see: Herb Chambers update.