NHTSA Complaint #10185280 — 2004 LEXUS RX

MY 2004 LEXUS RX330 HAS REPEATEDLY HAD ACCELERATION PROBLEMS WHEN I HAVE SLOWED AND NEED TO ACCELERATE QUICKLY DUE TO TRAFFIC CONDITIONS. TODAY ON THE WAY TO WORK I WAS TRYING TO MERGE ON TO HIGHWAY TRAFFIC AND NEARLY GOT REAR-ENDED BECAUSE MY VEHICLE DIDN'T ACCELERATE WHEN I PRESSED THE PEDAL AS I WAS TRYING TO MERGE IN TO THE LANE. THERE HAVE BEEN COUNTLESS TIMES IN THE 2 YEARS I'VE OWNED THIS VEHICLE THAT I HAVE EXPERIENCED NEAR COLLISONS DUE TO THE SLUGGISH OR LACK OF ACCELERATION WHEN I DEPRESS THE ACCELERATOR PEDAL. MY HUSBAND WON'T EVEN DRIVE THE VEHICLE DUE TO THIS PROBLEM AS HE FEELS UNSAFE ON THE ROAD IN IT. I HAVE TAKEN IT TO THE DEALER NUMEROUS TIMES AND THEY INSTALLED A COMPUTER UPDATE OR PATCH TWICE WITH NO RESOLUTION TO THE PROBLEM. THE DEALER'S SERVICE MANAGER SAID THIS IS A COMMON PROBLEM WITH THE '04 RX330 AND THAT LEXUS HAS SAID THEY ARE NOT GOING TO DO ANYTHING TO REMEDY THE PROBLEM ALTHOUGH THEY DID CORRECT IT IN THE 2005 MODEL. GIVEN THE MANUFACTURER IS AWARE OF A POTENTIAL SIGNIFICANT SAFETY ISSUE RELATED TO THIS THEY ARE FOR SOME REASON NOT BEING HELD ACCOUNTABLE OR RESPONSIBLE FOR THIS DANGEROUS SITUATION. CONSUMER PROTECTION FROM NEGLIGENT MANUFACTURERS IS THE GOVERNMENT'S RESPONSIBILITY, ISN'T IT? WHAT CAN BE DONE TO REQUIRE LEXUS TO PROVIDE CONSUMERS WITH AN ACCEPTABLE SOLUTION TO THIS SIGNIFICANT VEHICLE SAFETY ISSUE?