Interesting brake rotor lawsuit!
07-10-2009, 07:04 PM
#1
Team Owner
Thread Starter
Interesting brake rotor lawsuit!
Friday, July 10, 2009
Michigan brake company sues rival
David Shepardson / Detroit News Washington Bureau
Washington -- A Michigan-based seller of replacement brake parts is suing a competitor in federal court, claiming it is selling substandard brake parts that pose a possible safety risk.
Bingham Farms-based Affinia Group Inc. and its subsidiary Brake Parts Inc. filed suit in U.S. District Court in Richmond, Va., claiming Dura International is falsely advertising its brake rotors as meeting the specifications of automakers.
Dura International, which is based in Rancho Dominguez, Calif., is not affiliated with Rochester Hills-based Dura Automotive Systems Inc.
Advertisement
"Affinia brings this action against (Dura) to stop the false advertising, require that defendants compete fairly and provide consumers with truthful information so that they can make full informed decisions regarding these automotive products which impact safety," the company said in its 43-page legal filing on Wednesday.
Dura International did not respond to Detroit News attempts to obtain a response this week, but defended its product in a letter to customers.
"Today, no government standards exist specifically for rotors. Each and every manufacturer is independently responsible for producing quality product meeting acceptable standards in fit, form and function," said the letter from John R. Kelley, Dura's president.
"Ultimately, it comes down to safety. We agree with other industry participants that brake safety is of utmost concern to our industry," Kelley said.
Brake rotors are components that brake pads clamp onto.
They are twin steel discs with an air pocket in the middle that dissipate intense heat generated by braking.
Affinia claims that some of Dura International's brake rotors are made with lighter-weight materials that are cheaper but "more likely to suffer fatigue. This fatigue, in turn, creates motor safety risks."
It backed its claims against Dura International with testing by an independent laboratory. Some of those rotors were structurally weaker and significantly more prone to crack and fail in performance tests, Affinia said in a statement.
Affinia said some Dura rotors were as much as 18.83 percent tighter than specifications by automakers, and the air gaps in the middle were up to 68 percent wider.
Affinia says it has never sold light-weight rotors.
Midas Inc., which franchises and operates more than 1,650 Midas automotive service centers in North America, sent out an internal bulletin June 15 noting that "certain brake rotor manufacturers have reduced rotor thickness and expanded the air gaps in order to reduce the cost of rotors," and it urged franchises to inspect rotors.
Dura International sent a letter to its customers on June 18 defending its quality, noting it has been an aftermarket supplier of brake parts for more than 15 years.
Kelley noted that replacement brake parts don't always look like the original brake. "That does not make the replacement unit unsafe," he wrote. "We are 100 percent committed to supplying safe quality parts at affordable prices."
Eric Bolton, a spokesman for the National Highway Traffic Safety Administration, said the agency is aware of the controversy and is monitoring complaints and field data through its Early Warning System.
But Bolton said NHTSA has seen no data to justify opening a formal investigation into Dura's brake rotors.
dshepardson@detnews.com (202) 662-8735
Michigan brake company sues rival
David Shepardson / Detroit News Washington Bureau
Washington -- A Michigan-based seller of replacement brake parts is suing a competitor in federal court, claiming it is selling substandard brake parts that pose a possible safety risk.
Bingham Farms-based Affinia Group Inc. and its subsidiary Brake Parts Inc. filed suit in U.S. District Court in Richmond, Va., claiming Dura International is falsely advertising its brake rotors as meeting the specifications of automakers.
Dura International, which is based in Rancho Dominguez, Calif., is not affiliated with Rochester Hills-based Dura Automotive Systems Inc.
Advertisement
"Affinia brings this action against (Dura) to stop the false advertising, require that defendants compete fairly and provide consumers with truthful information so that they can make full informed decisions regarding these automotive products which impact safety," the company said in its 43-page legal filing on Wednesday.
Dura International did not respond to Detroit News attempts to obtain a response this week, but defended its product in a letter to customers.
"Today, no government standards exist specifically for rotors. Each and every manufacturer is independently responsible for producing quality product meeting acceptable standards in fit, form and function," said the letter from John R. Kelley, Dura's president.
"Ultimately, it comes down to safety. We agree with other industry participants that brake safety is of utmost concern to our industry," Kelley said.
Brake rotors are components that brake pads clamp onto.
They are twin steel discs with an air pocket in the middle that dissipate intense heat generated by braking.
Affinia claims that some of Dura International's brake rotors are made with lighter-weight materials that are cheaper but "more likely to suffer fatigue. This fatigue, in turn, creates motor safety risks."
It backed its claims against Dura International with testing by an independent laboratory. Some of those rotors were structurally weaker and significantly more prone to crack and fail in performance tests, Affinia said in a statement.
Affinia said some Dura rotors were as much as 18.83 percent tighter than specifications by automakers, and the air gaps in the middle were up to 68 percent wider.
Affinia says it has never sold light-weight rotors.
Midas Inc., which franchises and operates more than 1,650 Midas automotive service centers in North America, sent out an internal bulletin June 15 noting that "certain brake rotor manufacturers have reduced rotor thickness and expanded the air gaps in order to reduce the cost of rotors," and it urged franchises to inspect rotors.
Dura International sent a letter to its customers on June 18 defending its quality, noting it has been an aftermarket supplier of brake parts for more than 15 years.
Kelley noted that replacement brake parts don't always look like the original brake. "That does not make the replacement unit unsafe," he wrote. "We are 100 percent committed to supplying safe quality parts at affordable prices."
Eric Bolton, a spokesman for the National Highway Traffic Safety Administration, said the agency is aware of the controversy and is monitoring complaints and field data through its Early Warning System.
But Bolton said NHTSA has seen no data to justify opening a formal investigation into Dura's brake rotors.
dshepardson@detnews.com (202) 662-8735
07-11-2009, 09:06 AM
#4
Team Owner
The rotors are made in China in nearly all cases and if a company like Dura is changing the manufacturing specs like going to a thinner rotor and fewer vanes so they can make more money, then they should get their azzes sued off.
Sounds like Kelly is trying a CYA move with that first statement. If he has a concern about a lack of standards, then maybe he (and other brake parts manufacturer's) should sit down and create some standards that insure safety and then make sure the Chinese plants adhere to those standards.
And if the Chinese can't or won't build rotors to a US spec, then maybe it's time to bring back that manufacturing to US soil.
"Today, no government standards exist specifically for rotors. Each and every manufacturer is independently responsible for producing quality product meeting acceptable standards in fit, form and function," said the letter from John R. Kelley, Dura's president.
"Ultimately, it comes down to safety. We agree with other industry participants that brake safety is of utmost concern to our industry," Kelley said.
"Ultimately, it comes down to safety. We agree with other industry participants that brake safety is of utmost concern to our industry," Kelley said.
And if the Chinese can't or won't build rotors to a US spec, then maybe it's time to bring back that manufacturing to US soil.
07-11-2009, 10:11 AM
#6
Le Mans Master
And as far as standards go, I think there is room for a lot of different offerings depending upon what the buyer needs. Just like in tires, some come in six plies others come in 10 plies. It just depends upon what you need. You or your mechanic should make an informed choice. If you don't know how to decide then you better have a mechanic you trust.
Another point about requiring standards, it works two ways. If you are going to write a spec for rotors that outlaws these "lighter" rotors, well guess what? Those heavier, bigger, two piece rotors or whatever aftermarket upgrade you want will be outlawed as out of spec, too.
Personally, there might be times I want to choose a different rotor....
I agree with Gary. If those rotors were on my wifes car they would last forever. As for my race car, I would even think of it. Choices in a free market are good. That is where innovation comes from. If there is truly a problem with the product the market will take care of them. That is what recessions are for. Think of a recession as an economic winter, a time to thin the herd....
07-11-2009, 10:44 AM
#7
Team Owner
Thread Starter
The issue is
Bingham Farms-based Affinia Group Inc. and its subsidiary Brake Parts Inc. filed suit in U.S. District Court in Richmond, Va., claiming Dura International is falsely advertising its brake rotors as meeting the specifications of automakers.
If they are thinner and lighter they won't meet OEM in my opinion as they were advertising.
Same wat Chinese tires are junk and have many failures like the 4 for 1000 at Pep Boys.
I just got 125,000 on my Dodge 3500 rotors in the rear although I had 6 sets of pads on the rear. They didn't rust away here in the NE.
Bingham Farms-based Affinia Group Inc. and its subsidiary Brake Parts Inc. filed suit in U.S. District Court in Richmond, Va., claiming Dura International is falsely advertising its brake rotors as meeting the specifications of automakers.
If they are thinner and lighter they won't meet OEM in my opinion as they were advertising.
Same wat Chinese tires are junk and have many failures like the 4 for 1000 at Pep Boys.
I just got 125,000 on my Dodge 3500 rotors in the rear although I had 6 sets of pads on the rear. They didn't rust away here in the NE.
