Q45tech wrote: know that there is some sort of federal act from the 70s that keeps the warranty intact even if some upgrades are made as long as the upgrades don't affect the dealer's ability to service the warrantied part(s).
That was the original question not if you can sue for breech, as anyone can sue for anything.......winning is the hard part.
I'm not a fan of filing unreasonable lawsuits. But if a repair should be covered by the warranty according to the warranty itself and federal law, then a person has the right to sue and theoretically should win.
Bear in mind that you brought the legal system's involvement (or lack there of) in this topic first. I only pointed out that some of the information you posted was wrong.
If it does end up in small claims, I think the plaintiff will have a better chance. Since it would be the judge's decision at that level, and the fact that judges generally put weight on a plaintiff's case (something about a person who is willing to go through the trouble can be in indication of their credibility). Of course everything is case by case, but assuming a person has a reasonable case, then it's likely a small claims judge would award damages to the plaintiff. The defendant at this point can certainly appeal and ask for a jury trial, but what large corporation would go through the trouble and legal expense of a jury trial if the small claims judge already ruled against the defendant? That's potential for some really bad PR. A defendent may choose to take a loss defending a case on principle, but they better actually have a good case. But taking a general stand against legitimate warranty claims has buch bigger legally detrimental possibilities that any good corporate attorney would be smartly trying to avoid.