He was 35. Two kids. Driving a Honda Accord that had been recalled but a used-car dealer sold it to him without warning him or fixing the airbags that would send a piece of shrapnel into his neck, killing him in minutes.
arlos Solis never knew he was driving with a “shrapnel bomb” inside his steering wheel.
By the time Solis was killed in 2015, similar accidents were piling up nationwide amid an unprecedented series of recalls for an array of dangerous defects – from shrapnel-flinging airbags to ignition switches that shut off engines. During a two-year investigation, the Center for Public Integrity, USA TODAY and the Arizona Republic found thousands of similar pieces of legislation and retraced a number of them to their root. Many were written by corporations or special interest groups that stood to benefit directly. Some are pitched as public-service measures.
The bill also gives auto dealers a potent new legal argument when trying to fend off lawsuits by implying that, with recall disclosure, it’s legal to sell recalled used cars.In California, the bill was called the Consumer Automotive Recall Safety Act.
Jim Appleton, a New Jersey-based lobbyist who once chaired the Automotive Trade Association Executives, said there’s nothing questionable about auto dealers’ push for their bill. The measure, he said, simply clarifies that they should disclose open recalls to customers while avoiding more stringent requirements that could devastate their businesses by sidelining much of their inventory for months on end until recall repairs are completed.
First, General Motors recalled more than 2.7 million cars in 2014 for faulty ignition switches, which have caused more than 120 deaths and 250 injuries nationwide. In California, Bakersfield resident Tammy Gutierrez sued CarMax for selling her a recalled used car. The landmark case was initially dismissed by the court, but an appeals court reinstated it last year, ruling that Gutierrez had a valid claim under state laws.The first bill surfaced in New Jersey in September 2014, when Assembly Deputy Speaker Paul Moriarty introduced a measure that included a $20,000 fine for failing to disclose open recalls to customers.
Behind the push for Moriarty’s bill was Appleton, the lobbyist who heads the New Jersey Coalition of Automotive Retailers, an influential Trenton lobbying group whose political action committee has given more than $1.6 million to state legislative candidates – including $14,400 to Moriarty – since 2000.
Jennifer Colman, president of the Automotive Trade Association Executives, said the model legislation was never intended to be a copy-and-paste exercise. The measure, she said, is better described as “suggested language.” Gass’ parents, Jay and Gerri, then embarked on a crusade for a law in Tennessee that would ban the sale of recalled used cars. They sat down with Mark Green, a Republican who represented their district at the time, and persuaded him to introduce a bill, dubbed Lara’s Law, on their behalf.
Jay and Gerri Gass, on the fifth anniversary of their daughter's death, pose for a portrait in their home in Ponte Vedra Beach, Fla. on March 18, 2019. Lara Gass died at age 27 in 2014 in a car crash caused by a faulty ignition switch.The next year, Green again introduced Lara’s Law, this time calling for a sales ban. On the House side, state Rep. Rick Staples, a freshman Democrat, sponsored an identical bill.
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