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Old 09-28-2012, 10:45 AM   #1
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lock ECU grounds for lawsuit

So I want your opinion on something fellow C5ers. I got a custom tune and was never told my vehicle would be locked by the tuning program. I have all original records and consent forms. I went to get a GM warranty reflash and the dealership couldn't access the ecu. I am considering filing a class action lawsuit against the company that tuned my car to allow access to my tune files and my ecu. What do you all think? Anyone ever heard of someone trying this?
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Old 09-28-2012, 10:47 AM   #2
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Who tuned it ?
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Old 09-28-2012, 10:52 AM   #3
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GM won't 'warranty flash' your ecm if a tune has been done. It would negate your tune as well.
So its one or the other. Tune or stock ecm?!?!
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Old 09-28-2012, 10:52 AM   #4
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I don't wanna bash on the company. Not my style. But I'm concerned that I wasn't told about this and it not effecting me almost two years later. I understand preserving ur business but it was never mentioned or agreed on, if it was I would of gone with a different tuning.
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Old 09-28-2012, 10:53 AM   #5
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I was tuning back ti stock so I could get my vehicle working properly and get a new tune system. But they locked gm out also.
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Old 09-28-2012, 10:57 AM   #6
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What did they use to tune it? HP Tuners?
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Old 09-28-2012, 10:57 AM   #7
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Efi live
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Old 09-28-2012, 11:01 AM   #8
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What is their reason for not removing the lock for you? I guess I could see a tuner keeping his tune secure, but if you want to flash back to factory (which I am assuming, since you are having GM flash it), I wouldn't see that as a problem.

If you lost the suit, it may cost you more than a new ECM from GM. Something to consider.
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Old 09-28-2012, 11:07 AM   #9
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Have you tried asking them to remove it? You should have it in writing that they won't remove it before thinking about going to court. They have no reason why not to unlock it, and yes I understand where youre coming from about doing it in the first place. Same thing happened to me, but I got them to unlock it.
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Old 09-28-2012, 11:08 AM   #10
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have you tried contacting the tuner or tune shop to resolve the issue? have they said they absolutely will NOT remove the lock? have the gone out of business? moved?
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Old 09-28-2012, 11:12 AM   #11
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That's my concern. If they go out of business or lose the password to unlock... not sure if it's an individual password. I contacted them... they asked for compensation to perform another tune. Kinda bogus if u ask me.
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Old 09-28-2012, 11:16 AM   #12
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If you can show on paper (via a letter) that they are refusing to take the lock off, that should stand up well in court. You need to show the judge you have tried to resolve the issue personally, but they refuse to work with you, and that's why you felt you bedded to go to court.
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Old 09-28-2012, 11:20 AM   #13
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Originally Posted by calinkaos View Post
That's my concern. If they go out of business or lose the password to unlock... not sure if it's an individual password. I contacted them... they asked for compensation to perform another tune. Kinda bogus if u ask me.
Right, but that's for another tune. If you just want them to put the stock tune back I'm sure they won't have a problem with that.
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Old 09-28-2012, 12:47 PM   #14
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A class action lawsuit because your your tune is locked?

Sounds a bit extreme.

Paying them to do whatever they need to do, might be a touch cheaper than the legalities of a lawsuit.

The best outcome of a class suit is fractions of pennies on the dollar, only the lawyers get rich.

I just got a settlement from the Enron class suit. Long story short..... had some stock from an estate settlement. About a decade in legal battles, gazzillions spent on lawyers.... My settlement check was $49. I wiped my ass with it and flushed it.

When someone actually defrauds you of a massive amount, bust out the legal team. Just modding your car, bust out the wallet. Speed shops charge for their work.
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Old 09-28-2012, 12:59 PM   #15
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I guess I don't understand.
Did they completely Lock your ECU and it won't take a reflash?
Or
Did they just lock their Tune so you can't see the details of it?



GM will charge you to reflash since it isn't underwarranty due to it being tuned.
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Old 09-28-2012, 01:13 PM   #16
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Did this particular tuning company offer their own warranty with their tune? If so, I can see why they wouldn't want you messing with it.

Do you have some kind of written contract with the tuner? I'd take a second look at the fine print in it before doing anything.
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Old 09-28-2012, 01:17 PM   #17
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who tuned it , whats the big deal . And they should have told you they locked it , i think its shitty when they do that. Sometimes its locked so you or other tuners can see how bad it possible is .
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Old 09-28-2012, 01:20 PM   #18
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Its crazy that shops lock tunes. Its your car and your configuration that you paid to have modified.
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Old 09-28-2012, 01:23 PM   #19
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Mine was done by Vector Motorsports and it is a locked tune. Just can view or change anything in the tune but I can re-flash it if I wish.
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Old 09-28-2012, 03:41 PM   #20
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devils advocate here...

sounds like you want to sue them because they locked it and you were "unaware" of it and now your feelings are hurt. nowhere have you mentioned that you contacted your tuner and told them you wanted them to reflash back to your stock tune and they refused. you've only stated that you are upset because you went to GM and they couldn't update the stock tune because it was locked and this is now something you were previously unaware of. didn't bother you before, so why now? why pay for a tune just to have it flashed over with a stock tune in the first place? (why you would want to do this is beyond me). what problems are you having with your car? have you contacted the tune shop about your issues? do you have any CEL's? bucking? surging? why would you go back to a stock tune to solve your issue vs getting in touch with your tuner?

if you don't want the tune...im sure they'll happily remove it for you vs having to deal with anymore headache down the road with threats of law suits from you. you can both wash your hands and be done with it and go on your merry ways.

even it they did refuse you service and you felt you needed monetary retribution, you would file a claim through small claims court since it is under $3-5K depending on the state. more of a waste of your time than anything else. but even then, they have copies of the consent forms you signed as well...you might want to take a look through those because you probably agreed to it. but were too excited about the extra POWAAAAAAH to take the time to read it.

seriously, call the shop and tell them what you want...it takes 5-10min to flash you back to stock.
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Old 09-28-2012, 03:52 PM   #21
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Quote:
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Its crazy that shops lock tunes. Its your car and your configuration that you paid to have modified.
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that is true. but the tune is like intelligible data...or something like that. and how many of these setups are very similar? when you have "tuners" that steal tunes from legit tuners and sell them as their own work, after the originator invested their time and money developing the tunes...then why not protect your work? there was a "reputable" vette tuner at VA SPEED who was busted doing that, he's gone now. i don't knock any shop from wanting to do that, but if the customer doesn't agree to it then they should find another tuner. personal preference really.
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Old 09-28-2012, 03:58 PM   #22
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that is true. but the tune is like intelligible data...or something like that. and how many of these setups are very similar? when you have "tuners" that steal tunes from legit tuners and sell them as their own work, after the originator invested their time and money developing the tunes...then why not protect your work? there was a "reputable" vette tuner at VA SPEED who was busted doing that, he's gone now. i don't knock any shop from wanting to do that, but if the customer doesn't agree to it then they should find another tuner. personal preference really.
I was thinking the same thing. "Intellectual property" comes to mind. It's basically kind of like a software program, not necessarily "open-source".
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Old 09-28-2012, 04:05 PM   #23
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That's my concern. If they go out of business or lose the password to unlock... not sure if it's an individual password. I contacted them... they asked for compensation to perform another tune. Kinda bogus if u ask me.
bogus for another tune? your paying for their time. if you've added parts on after your original tune...then yeah...your gonna pay. if you are having driveability issues due to the TUNE and NOTHING has changed (additional mods, melted CAT's, bad sensor, plugs...anything physical or mechanical out of standard from when they performed the original tune) then most shops will cover their ass because they like to keep their customers happy and returning. but a NEW tune is going to cost you...gotta pay to play.

good luck
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Old 09-28-2012, 05:18 PM   #24
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Pro Tip: You can't 'lock' a tech II out of an ECM. It's not possible.
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Old 09-28-2012, 05:30 PM   #25
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Pro Tip: You can't 'lock' a tech II out of an ECM. It's not possible.
yeah, i'm thinking the dealer just didn't want to touch the ecm once they realized it had been touched.
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