- April 23, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Potential Legal Action Against Auto Performance Shop
I am considering taking legal action against an auto performance shop that has “locked” my car’s computer after tuning it.
### Background on the Situation
As an auto enthusiast and non-competitive track day participant, I engaged the services of a local auto performance shop for a comprehensive “dyno tune.” This process involves tuning the various parameters of the car’s systems (fuel, air, spark, etc.) with a computer to optimize performance, especially after significant engine modifications.
Unbeknownst to me, the shop locked my car’s computer, effectively blocking any further modifications or tuning. This means that I am now unable to access my own car’s engine management system, a situation that was not agreed upon beforehand.
### Shop’s Rationale and Legal Concerns
The shop justifies their actions by stating that the programming is their intellectual property and that locking tunes is necessary to prevent other tuners from replicating their work. They argue that another tuner could easily copy their work with the same modifications and car model, potentially infringing on their business.
### Assistance from AI Legalese Decoder
In this scenario, the AI Legalese Decoder could help analyze the legal implications of the shop’s actions and provide guidance on potential courses of action. By decoding the legal jargon and highlighting key legal concepts, it can assist in understanding the viability of a claim in small claims court to compel the shop to unlock my car’s computer.
### Seeking Opinions and Advice
I am seeking advice on whether pursuing legal action against the auto performance shop in small claims court to force them to unlock my car’s computer is a viable option. Any responses and opinions on this matter would be greatly appreciated.
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****** just grabbed a
Well this is a new one. Maybe one of them used to work for John Deere, this is straight out of their playbook. Some questions:
1. Where are you located.
2. *What did the contract you signed with them say?*
3. How do you “lock” a car’s computer? Enter a four-digit PIN?
4. How much would it cost to hire someone to unlock the car’s computer?
5. How much is the car worth, roughly, used?
As someone who has had quite a few cars tuned over the years, this is a fairly common practice. But everywhere that locked the tune had a waiver signed prior to tuning stating that would be done.
However, a couple vehicles that I wanted to be able to make changes to the tune I was able to pay an additional $100 to $200 for an unlocked tune.
If you didn’t sign anything prior to getting the tune stating it would be locked, I don’t think it’s kosher to just lock it.
I recommend telling them to remove the tune, give you a refund and look for a different tuner. You really should find an amicable solution with them because your ECU is pretty much bricked at the moment.
I do see the point of intellectual property but the should have told you this at the beginning and made you sign a waiver.
Sounds like an unfair and deceptive trade practice. In my state (NC), you could sue them and receive triple damages. What damages? The cost of replacing your car’s computer with an unlocked unit
The “it’s our IP” is their explanation for WHY they did it, but not a legal justification for why they didn’t get your agreement to this before they did the work.
I would send them a letter demanding that they either (a) unlock your computer, keep the tuning settings, and keep what you paid or (b) unlock the computer, return the settings to their previous state, and refund what you paid. I would emphasize that they did not disclose the lock in advance, that you did not agree to it, and that their doing so is an unfair and deceptive trade practice and (if they offered any warranty) a violation of the Magnuson-Moss Warranty Act.
If they don’t do either of those, sue them.
Aint no one with 1/4 of a brain copying a tune i can tell you that. Even if the car and all parts were identical i can guarantee theyd need 2 completely different tunes, albeit similar theyd still be different. No car can run the exact same as another car.
As for the rest of it i dont know, im just here for this little titbit of info
Do you have a copy of the tune agreement you signed ahead of time to post up? This isn’t entirely uncommon but it’s usually in the agreement, the wording might be obscure, but if it’s a big respected company chances are they cover their ass.
Might wanna try to reach out to HPTuners directly, they can unlock your PCM.
Do you have the factory tune file still?
Are you able to flash it back to stock, and then apply a different tune?
Most places do not allow you to modify their tunes in case you break something and blame them, and they don’t want the tube to be copied.
If it was your understanding that you’d get an editable map for your own tune, they should be able to work with you on a refund, but check what you paid for.
Go back have them reflash it back to stock and go somewhere else, they did their job and locking an ECM after a tune is not uncommon.
What year and brand of car/ecu?
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OP is sort of ignorant on the tuning process and thus making an issue out of nothing.
First, OP is correct in that the tune file is locked. Meaning, OP will not be able to do anything with the tune file.
It is something else all together to lock the ECM though. Even the manufacturer does not have that capability. If they did the EPA would have them locking ECMs from the factory.
It is common to lock modified tune files. To access them you need an AutoCal device made for your vehicle and PROGRAMMED to the VIN of your vehicle. At that point you can pull stock files all day long. Still can’t modify or view them but you can download and upload the file all day, every day. File will always be locked though.
OPs vehicle, I guarantee, is not locked out from any other tuner for eternity. Never have I heard that happening or even possible.
State DMV – inspections and emissions probably would be interested.
They have tampered with the factory emissions.
Diesel emissions changes have cost very BIG Dollars.
NAL but since this is emissions tampering and federally illegal I don’t believe there is anything legally you can do. Kinda like suing your drug dealer.
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