Dealer Service: Negligent in acting on a Tech Service Bulletin | SwedeSpeed

Seeking feedback from others who may have experience or knowledge regarding this topic. Has anyone dealt with a dealer’s failure to fix an issue/install the correct part when the issue was identified and published in a TSB? Does a dealership have a duty to act in accordance with TSB’s when a customer has requested and paid to repair the issue/ replace the part? And if the dealer did not act, can they be held liable for further damage caused by the defective part?

The background: Brought my 2015 XC60 Ocean Race to Haverhill, MA Volvo dealer for two issues: Volvo On Call Service Required message and an intermittent display of High Engine Temp light. Dealer recommended replacing the water pump, ECM, thermostat and backup battery and I agreed to replace all four parts. Within hours of picking up my car, the High Engine Temp light appeared. I pulled over into the breakdown lane and wait for the dealer to arrive. They kept the car for 30 days until they claimed that they had “tested everything” yet could not find the reason for the High Engine Temp issue. The Service Advisor said the tech hypothesized that there may be a crack in the head gasket causing the issue. They returned the car to me, unsafe and unfit to operate, with the issue unresolved.

Since there were no signs to support a cracked head gasket and online comments suggested the possibility of a faulty water pump, I planned to get a second opinion. In preparation for this, I emailed the dealership and requested they confirm which tests they had performed and whether or not they had ruled out a faulty water pump. Over a period of weeks, I sent three emails to the Service Advisor and one other staff member I had been working with (who up until this point had both been quite responsive) requesting this information. No response ever came, utter silence.

Subsequent diagnostics by an independent shop noted the fault codes PO217 (ECM) and U0401 (water pump) and identified that the water pump did not have the most recent version per TSB TJ36858.1.1. Since the TSB was issued prior to the February repair, the dealer had knowledge of the correct pump part # to install to address these codes. We are human and mistakes happen however, if the tech overlooked the TSB the first time around, it certainly should have been caught the second time, especially considering they had the car for 30 days.

My assumption is the dealer was aware of the fault codes and the TSB and did not act in good faith when they neglected to fix the issue. They claimed to have “tested everything” yet failed to follow the actions in the TSB, instead they suggested the culprit was a crack in the head gasket (despite their being no signs of this). I welcome any wisdom you have to offer on this topic.