ComplaintsforECS Tuning, LLC

• Initial Complaint

  07/11/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I ordered an Item from ECS Tuning for a Super Rare BMW Car Part that is not available from BMW anymore, I called in about this item on July 1st, I received info back on how to pay for the item on July 2nd gearing up for the 4th of July weekend. I paid the item and was assuming I would get the item in relatively good time. Today 7/11/24 I called in as they have told me throughout all this week they would give me an update regarding tracking etc that my item was apparently sold to someone else. Then it was my fault because the payment I got charged for on my end has not had enough time to process/clear on their end. The money has left my account and there telling me they cannot fulfill my order. Now they have another one of these items in Stock but there is a price difference of quite a large sum. They told me well in order to fulfill it they will have me pay the difference. Being I'm a loyal customer to them and supported them spending loads of money with them. They told me a refund with take between 3 to 5 days then I would get the money back and have to rebuy the item from them. I don't see to understand why a internal flaw on there end that makes the customer pay. the biggest kicker for me is that they advertised this product etc, and I pay for the item and aside from their internal billing issue they have they sell it to someone else which is false advertising entirely or even more like a bait and switch scam. I want this company to simply understand they messed up and fulfill an item of the same equivalence to me to assist in our relationship. If I have to I am prepared to file a *** Complaint against them, Consumer Protection Law states a business to honor the price at which an item was purchased for and the law also states "unfair or deceptive acts or practices r these laws are designed to protect consumers from misleading business practices" Overall in short terms, I paid for an Item, they sold the item to someone else, refuse to fulfill a new one.

  

  Business response

  07/12/2024

  The customer placed an order with a sales associate on July 1st.  The item is a Scratch and Dent part.  Meaning, we only have one quantity and it's discounted due to cosmetic damage. We sent a PayPal request for payment to the customer the day they ordered that was never completed.  We sent another request on the 2nd and emailed the customer reminding them to complete the payment.  The last reminder was sent on the 3rd before cancelling.  At this point, we still didn't have payment and the order is no longer valid.  

  The customer contacted us again on July 11th asking about their order.  It was cancelled due to no payment and no response for payment.  In the time between the 3rd and 11th, another customer purchased the Scratch and Dent item.  They were not able to purchase the same one again.  They are welcome to purchase a new one at full price.  

  The customer is not due a refund because they never paid.  We reached out a few times to complete the payment before it was cancelled and we moved to the next customer.  They are not due a refund or further discount.  

  Customer response

  07/15/2024

   I am rejecting this response because:
  
  
  To Whom It May Concern,
  
  I am writing to address and refute ECS Tuning’s response to my complaint on the Better Business Bureau (BBB) platform. Here are the key points that need clarification and correction:
  
  1. Discrepancies in Order Placement and Follow-Up
     - ECS Tuning claims that I placed the order on July 1st and that they sent a PayPal request for payment that same day. However, the PayPal request was not sent to me until July 2nd. Their only follow-up was on this date.
  
  2. Lack of Communication on Payment Window
     - ECS Tuning states there was a 3-day window to complete the payment, but there is no mention of this window in any of their terms of service or policies at the time of ordering. This was also not communicated to me during the ordering process. Additionally attached is the Date the payment posted on my account from deduction as banks were not open during the weekend nor holiday weekend for that matter is when it was posted on my account but funds were sent prior. Paypal shows it was posted following the holiday weekend on Monday here as well. 
  
  3. Deceptive Sales Practices
     - ECS Tuning’s suggestion that I purchase a new item at full price is clearly a deceptive sales practice against ****'s Consumer Protection laws.
  
  4. Misleading Product Availability
     - Attached is an image they provided, showing a new item for purchase. However, the actual product is on backorder with no ETA, which is misleading.
  
  5. False Claims About Payment Status
     - ECS Tuning claimed I was not refunded because I never paid. However, we have an audio recording where ****** lied multiple times about the order not being paid. After arguing, the billing department confirmed the payment was received. We have proof of this payment and a full audio recording of the conversation.
     - ****** claimed the payment was never received, but other customer service representatives, such as Erica, confirmed that the payment was received but pending clearance in their accounts. This discrepancy shows that ****** and the response provided to the BBB were intended to undermine my complaint by presenting inaccurate facts.
  
  6. Violation of Consumer Protection Laws
     - Under **** Revised Code, ECS Tuning is in direct violation of consumer protection laws:
  
        a. **** Revised Code Section ******* - Unfair or Deceptive Acts or Practices:
           - This law prohibits suppliers from committing unfair or deceptive acts or practices in connection with consumer transactions, including:
              - Misrepresentation of the rights and obligations: Failing to honor the transaction after accepting payment.
              - Deceptive practices: Making false statements about the availability or status of the product.
           - ECS Tuning accepted my payment and then canceled my order without proper justification, providing inconsistent information about the payment status and order processing.
  
        b. **** Revised Code Section ******* - Unconscionable Acts or Practices:
           - This section prohibits suppliers from engaging in unconscionable acts or practices before, during, or after a consumer transaction, such as:
              - Knowing that the consumer is unable to receive a substantial benefit from the transaction.
              - Taking advantage of the consumer’s inability to protect their interests due to the supplier’s deceptive actions.
           - ECS Tuning's actions of accepting payment and then failing to deliver the product can be seen as taking advantage of my reliance on their representations. Offering a discount on a different item after selling my paid-for item is an unconscionable act.
  
        c. Breach of Contract
           - Under contract law, once ECS Tuning accepted my payment, a binding contract was formed. By not fulfilling their part of the agreement (delivering the item I paid for), they breached this contract.
           - Acceptance of payment typically forms a binding contract, obligating ECS Tuning to deliver the product. Refunding the payment without my consent and not providing the agreed-upon product constitutes a breach of contract.
  
  ### Request for Resolution:
  Given the evidence provided and the consumer protection laws referenced, I am requesting the following:
  
  1. **Fulfillment of the Original Order**: If the original Scratch and Dent item is no longer available, an equivalent replacement, such as a new or US Fender, at no additional cost.
  2. **Acknowledgment of Mistakes**: A formal acknowledgment from ECS Tuning that the payment was received and that errors were made in handling my order.
  3. **Additional Compensation**: For the inconvenience and frustration caused, I request a discount on future purchases or an additional part at no extra cost.
  
  Failure to address this appropriately will result in further action, including formal complaints with the **** Attorney General's office and the Federal Trade Commission (FTC).
  
  Thank you for your attention to this matter. I look forward to a prompt resolution.
  
  Sincerely,  
  

  

  Business response

  07/22/2024

  When placing an order with our company, customers are agreeing to the terms of use. Our terms of use state: 

  "ECS Tuning reserves the right to cancel or refuse any order at any time without notice. Some situations that may result in the cancellation of an order include limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by our Credit and Fraud Prevention Department. In some cases, we may contact you to obtain and verify additional information or require a secured payment method before accepting any order. If your order is canceled for any reason or additional information is required, ECS Tuning may contact you by phone and/or email. Please be sure that you verify your contact information on the order as it must be valid to be accepted. If the contact information is fictitious or invalid we reserve the right to cancel an order."

  We did not receive payment in a timely manner and cancelled the order.  Since Mr. ****** does not agree to the terms of use, which have gone through all the proper legal channels, we will no longer be conducting any business with him. Thank you

  Customer response

  07/23/2024

   I am rejecting this response because:
  
  I appreciate ECS Tuning's prompt response, however, I must clarify that the cancellation of my order and the reasons provided are in direct conflict with consumer protection laws under **** Revised Code Section *******, which prohibits unfair or deceptive acts or practices in consumer transactions. While ECS Tuning reserves the right to cancel orders under certain conditions, consumer protection laws require that such cancellations must not be arbitrary and should comply with fair trade practices. The Person responding to this, the Main manager way above everyone at your company has already reached out and confirmed payment and a mistake on the billings side, and additionally offered a discount instead on a new item instead. Perhaps it would be in ECS best interest to be factful with all facts to prevent any Legal action being taken. 
  
  It's important to note that my payment was made in a timely manner as per the agreed terms, and I have provided sufficient documentation to prove this. The claim that the payment was not received on time does not align with the evidence I have provided. Furthermore, offering a discount on a different item after cancelling the one I paid for could be interpreted as a "bait-and-switch" tactic, which is also prohibited under the same consumer protection statutes.
  
  I remain committed to finding a fair resolution to this matter and invite ECS Tuning to revisit the decision to cancel my order and to cease business relations with me. A resolution that honors the original purchase agreement would be in the best interest of both parties and would demonstrate ECS Tuning’s commitment to customer satisfaction and legal compliance.
  
  Thank you for addressing this matter. I look forward to your reconsideration and a positive resolution.
  

• Initial Complaint

  07/01/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I ordered a fuel pump for my car about 6 months ago. I wasn't able to immediately replace it but after doing so it does not work. After several weeks of calling, I can not get ahold of someone in customer service to replace it.

  

  Business response

  07/02/2024

  We see the customer called on the 18th and yesterday.  We have a high volume of calls coming in and we're not able to get to every call.  The customer initiated two chats and we responded to them each time.  However, we never received a reply.  The order is from October 2023.  There are two options to replacement order.  We can go through the Lifetime Replacement Process.  The terms of use are very detailed here: ***********************************************************The other option is to go through the vendor to confirm the part was faulty.  We'll be reaching out directly to confirm the selected replacement method. 

• Initial Complaint

  06/04/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I was looking for a brace for my car. When I found the part on their website, I entered my vehicles information and it showed that it fit (screenshot). There was also a warning about the part being specially ordered but I move forward as I was led by their false information that it was a fit. When the part came in, I tried to install it and the part doesn’t fit my car. I’ve tried it in several ways and it’s impossible. I tried to contact them for weeks on the order but they don’t picked up the phone. The part has been in the box it came in as I absolutely can’t do anything with it. I was blatantly lied to with their false information.

  

  Business response

  06/04/2024

  We are working through our contacts as quickly as possible and understand the frustration of trying to contact our team.  We've made an RMA for the part and issued a pre-paid shipping label.  Please email us at ***************************** if you have any other questions. 

• Initial Complaint

  06/03/2024

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  5/28 order parts for my car paid to have delivered on 5/31 didnt get product till 6/3/2024, to be the wrong part well 1/4 of it was. called to get fixed NO ONE picked up for 3 hrs cant get anyone to tlak to on the phone

  

  Business response

  06/19/2024

  We realize there's a long wait to contact our team and we're working as quickly as possible. We've been in direct contact with the customer to resolve any concerns. Thank you

• Initial Complaint

  04/24/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  On 4/14/2024 a sealing washer kit in the amount of 26.59 was ordered from the ECS website. It shipped on 4/15/2024 via USPS tracking number **********************. This order has been stalled in Memphis TN since 4/19/2024 and per the USPS policy is eligible for a claim to be filed after 5 days. After 7 business days ECS refuses to follow up and request that the customer file a claim with USPS, per USPS policy the shipper needs to file the claim. The total of this order with shipping and taxes is 41.24. ECS is refusing to fulfill the order or provide any assistance for an additional 14 business days per ****** *******, the customer service representative. We need this part to complete service on a car we are restoring and cannot wait the unknown length of time for ECS to resolve this problem. We have had to order the part from another supplier and feel that ECS is acting in bad faith by taking payment for parts and shipping while not providing the part or fulfilling obligation as the shipper.

  

  Business response

  04/25/2024

  Our policy is to wait for 14 days with no movement before reshipping.  We do this because USPS might miss a scan but it's still moving through their network.  The customer contacted us on the 23rd concerned about the tracking.  Since the cost was so low, we made an exception and set up a replacement order that shipped out later that day.   Meanwhile, the original package had another scan on the 23rd.  They called on the 24th and threatened a chargeback.  We already sent a replacement and the original was already moving.  

• Initial Complaint

  04/24/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On 4/22/2024 at 6:04pm I received an email form ecs tuning( whom I have an account with) that my order had shipped. The problem is I did not make the order and the email had an individual name that was not mine. I quickly logged into my account to find someone else's personal information in my account such as name, address, phone number, and even credit card information along with my own. I quickly called ecs tuning, and was told a mistake was made and that my account was merged with another individual. They informed me that this individual could see all my personal information as well. They said not to worry and they'd fix it. Later on that day I called back because nothing changed. The employee who answered said I'd have to wait for a manager to call me back on Monday.. I reluctantly waited till Monday, and no call nothing. I called Tuesday and asked for a supervisor/ manager and explained the issue for a third time, and was told a manager would call me back. No one has called me back or fixed this serious issue. My personal information along with another's has been leaked here!

  

  Business response

  04/25/2024

  A sales representative set up an order for a different customer on the wrong account. The accounts were merged together and we have since unmerged them.  We never visibly record more than the card type and last 4 of the card.  This is to eliminate security risks such as this example.  We apologize for the delay in following up but a member of the leadership team reached out to you yesterday to go over the details. Please let us know if you have any other questions. Thank you

• Initial Complaint

  04/23/2024

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Ordered a transfer case mount from them and is leaking fluid. Called the first time and waited on hold for 20 minutes used call back and took another 45 minutes. Spoke to someone in sales and explained issue. Put on hold again to speak “parts specialist”. Sale rep said there is no fluid in the mount and it’s solid to which I told him there is fluid as I thought the same but bushing is leaking when not installed. Hung up as this was going nowhere. Called back again and was put on hold for 42 minutes before it just hung up. Called sales again and spoke to a representative was transferred to a supervisor who was combative and after sending a video of it leaking (bushing was not installed in car and can see fluid coming from bushing) was told it was probably a leak on the transfer case. Old bushing is completely dry and there is no sign of leak on transfer case told them this info. Was then told I was cursing at employees, however I did not curse “at” an employee and did not say **** you to them. Supervisor never once apologized for issues with service or product. This is now costing me in down time and extra expense to buy same part as well as having to perform job again.

  

  Business response

  04/24/2024

  The bushing is sold and does NOT contain fluid.  If it has fluid on it, there a leak elsewhere that's seeping into the bushing.  As for the disrespectful nature of the conversation, we have recordings and we don't tolerate cursing. The customer has already been given an RMA and return shipping label.  Once it's returned, they will be refunded.  

• Initial Complaint

  04/18/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Date of Transaction: 02/19/2024 Order Number: *********** Order Amount: $3810.26 I am filing this complaint today due to the lack of customer service this company provides. It took me three weeks for me to get a hold of someone over the phone. I had called everyday just to be on hold for a ridiculous amount of time without someone to assist me. I figured I would try live chat, and that did not work one bit either. In that case I wrote an email, no response until a week later, which then have not got a response since. This complaint is over a return refund not given. It has been over 6 weeks since my return was made. I did manage to get a hold of someone over the phone last week, they said they would have the returns team process this the next day, but it has been a week since and still nothing! I did not want to file a dispute with my credit card issuer just yet, because this seems to be a mere issue of communication.

  

  Business response

  04/29/2024

  When  searching for the return, we were not able to locate a package that had the correct dimensions.  The package that was originally shipped to the customer was 51x24x11in. The package that was scanned in by FedEx was only 9x7x4in.   There is no possible way an exhaust was shipped back in that size of a package. We can only refund something if it's back in our possession. 

• Initial Complaint

  04/08/2024

  Complaint Type:

  Delivery Issues

  Status:

  Answered

  More info

  UPDATE TO ADD: I canceled my order with them as I still didn’t receive my product three weeks after it was ordered (March 14th). I had to call them three times to try to resolve a return to sender issue where they stated that my part would be sent back out the next day after they receive it. One, two, and three days pass with no updates. I call them back and they state that they are waiting on a part to come in. I’m sorry, what? My part was sent right back to you? Did you send me a box full of rocks the first time? I will be going to the bbb to report y’all. I had much better luck with ebay. Oh yeah, you guys still owe me $52.01. And no, I don’t want store credit for your disgusting store. Call me back to get my order number and the remaining information you need. I expect one Monday morning. Original Review:Absolute garbage of a company. I’ve sat on hold NUMEROUS times waiting for the literal smallest package that was returned to sender. All for a bolt and a bushing for my 2006 Audi. What a load of crap. At one point of time I was on hold with them for 2 hours on one phone and 50 minutes on the other. They are liars and tell me that my package was supposed to be re-shipped on Tuesday. No updates. Call again and they said it was supposed to be today friday. Again, no updates. Maybe I will actually get a response on here since they never answer their phones.

  

  Business response

  04/08/2024

  Yes, we understand we're understaffed and working to help customers as fast as possible. There's no need to wait on hold because we have a callback feature that would return your call as soon as it's your time in line.  The order is already fully refunded.  There's nothing else to refund at this point.  Thank you

  

  Business response

  04/16/2024

  Again, absolutely no one lied. Once we were emailed on the 8th, the funds were processed.  We understand the frustration of waiting on hold.  We only have the capability of answering as many calls as we have people to answer them.  If you would like to contact us via email, we'd be happy to answer any other questions directly.  

  Customer response

  04/17/2024

   I am rejecting this response because:
  
  This does not answer why ECS did not have the part after it was returned to sender - causing further delays as we had to wait for a new part shipment to arrive to ECS. Your representative said that my return to sender package would get a new label and would be sent out the next day. This did not happen and my package was either sent out to another customer, thrown away, or lost. This is my issue. By the time I decided to start the refund process, it was a month after the initial order. 

• Initial Complaint

  03/29/2024

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  The problem is with the product. It is faulty, and should not be sold to the public. I have tried to email and call the company several times and they will not respond. I would like to send back the product and receive a full refund. I would be willing to pay for the return shipping, if a refund is issued.

  

  Business response

  04/01/2024

  We see the customer has been working with a representative via email.  Since there are several things that could be wrong, including installation, we need more information in regards to the complaint before we could authorize a return.  Specifically, we would need the shop diagnosis before allowing a return on an installed exhaust.  Thank you

  Customer response

  04/02/2024

   I am rejecting this response because:

  I cannot provide a shop receipt because I installed (and removed) it myself. I am a former ASE certified auto mechanic.

  I find it comical that the business is trying to blame their faulty product on an incorrect install. It is an exhaust system with 2 pipes. it would be impossible to install it incorrectly. The problem is the part itself that they obviously do not want to stand behind.
  

   

  
  

  

  Business response

  04/09/2024

  We have been communicating with the customer via email and will accept the return back with a 15% restocking fee. The part needs to come back in like new condition. 

  Customer response

  04/10/2024

   Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩