NHTSA Complaint #10319125 — 2000 VOLVO C70 CONVERTIBLE

I HAVE A 2000 C70 VOLVO. THERE HAS BEEN A RECALL ON THE ETM - ELECTRONIC THROTTLE MODULE. RECALL IS FOR 200K MILES OR 10 YEARS. MY CAR HAS LESS THAN 79K MILES. VOLVO RECALL # MR155. NTSB ACTION # PE5041. MY VEHICLE IS SURGING VIOLENTLY WHICH IS SYMPTOMATIC OF THE ETM FAILURE AS INDICATED BY YOUR ACTION # PE5041. I CALLED VOLVO NA AND THEY CONFIRMED THAT THE RECALL WAS 10 YEARS/200K MILES. HOWEVER, THEY SAID THAT AFTER CHECKING THE VIN HISTORY ON MY VEHICLE, THEY SAID I WOULD NOT BE COVERED BECAUSE THE SALE DATE OF THE CAR WAS NOV. 1999 AND 10 YEARS HAD ALREADY PASSED ON MY MODEL YEAR 2000 CAR! THIS DEFECT IS SAFETY RELATED AND VOLVO AGREES THEY ARE AT FAULT PER THE RECALL. THE CUT OFF THAT VOLVO IS IMPOSING IS UNFAIR AS MY CAR IS A YEAR 2000 AND 10 YEAR RECALL COVERAGE WOULD ALLOW ME TO BE COVERED THROUGH 2010. ALSO, IN NOV. 2008 VOLVO WAS INSTRUCTED BY NHTSA TO RENOTIFY OWNERS OF VEHICLES ABOUT SAFETY RECALL 06V-441 AND I WAS NEVER NOTIFIED OF THIS RECALL AT THE TIME, OR EVER. REPAIR COST IS ESTIMATED AT $1K PER VOLVO OF NASHUA, NH OF WHICH APPROX $600 ARE PARTS AND MATERIAL. FIRST OCCURRENCE OF THIS SURGING WAS IN FEB. 2010. PROGRESSIVELY GETTING WORSE AND IS NOW VIOLENTLY SURGING. SOMETIMES THE GAS PEDAL DOESN'T GIVE GAS TO MAKE THE CAR MOVE AT ALL. SOMEONE IS GOING TO GET SERIOUSLY HURT. THIS NEEDS TO BE FIXED NOW! MY KIDS DRIVE THIS CAR AS WELL. I PURCHASED VOLVO FOR THE SAFETY FEATURES OF THE VEHICLE. THIS IS UNFAIR AND SHOULD BE COVERED UNDER THE RECALL AND BE FIX AT NO CHARGE TO ME. *TR