Tom Tom GPS Units
Breach of Warranty/Fraud

I purchased a NEW GPS in Jan and had warranty problem in Aug sent it in as directed and received a "refurbished" unit, not a new replacement for my unit that is still in warranty.
Their printed warranty says repair or replace, nowhere is "refurbished" used anywhere.
They have breached the Magnuson-Moss Warranty Act & FTC Regulations 15 U.S.C. 2301 Definitions, #11, as well as 15 U.S.C. 2302 Rules governing contents of warranties, Item (a) as they are committing fraud here using "deception" in their warranty.
By their sending me a "refurbished" unit as a warranty replacement for my new purchase, they have downgraded my "NEW" purchase now to a "Refurbished" unit.
Had I wanted a refurbished unit in the beginning I would have purchased one with quite a price savings and the same 12 month warranty.
I have written several E-mails and talked to several people in their Customer Service Department and they will not respond to my holding them in breach and the commission of fraud using deceptive practices in their printed warranty.
In fact the printed warranty link sent me by Customer Assistance shows a 2 year warranty when it is only one which I found out prior to buy the unit an accepted that part.
I have requested a new replacement unit only, not the mount or cables, just the unit itself, and they have not responded.
I have sent them my last E-mail noting that I will now use this refurbished warranty replacement unit as I travel for a living and need it, but also told them by my using it I was not accepting the refurbished unit as a solution to the warranty problem and would file my complaint with both the FTC and the Frauds Department with the State of Indiana.
I did like the unit until this happened, and am still willing to accept a brand NEW unit in exchange of the refurbished unit, or a refund of the purchase price.
I do not have any address for the home office or E-mail address, they are unavailable per Customer Help.
Customer Support Help does not have an exact E-mail address, just an area to fill out an issue then sent it not knowing where it is being sent.
I wonder how many other customers have been fleeced here where TomTom is able to sent refurbished units out for new warranty claims, I'm sure the numbers are in the thousands as they have their refurbished units for sale all over the Internet.
One could assume by this that maybe they are having some production problems and are just recycling their junk back and forth to unbeknownst buyers for warranty claims.
I hope you can get this solved for me.
Sincerely,
Erwin Holewinski

Company: Tom Tom GPS Units
Country: USA

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