NHTSA Complaint #10495351 — 2000 VOLVO S70

I HAVE A 2000 VOLVO S70 WITH ETS LIGHT AND CHECK ENGINE LIGHT ON. THE CAR STALLS AND SURGES/LUNGES AT ALL RATES OF SPEED AND IS VERY UNSAFE. AFTER DOING RESEARCH I FOUND OUT THERE WAS A RECALL ON THIS PART. I CALLED MY LOCAL DEALER AND RAN THE VIN#. THEY STATED THE RECALL WAS DONE IN 2009. I CALLED VOLVO CORP. CUSTOMER CARE LINE AND THEY STATED THAT MY CAR WAS TOO OLD AND NO LONGER COVERED UNDER THE WARRANTY/RECALL. I DON'T UNDERSTAND HOW I AM RESPONSIBLE FOR PAYING FOR A FAULTY PART BY THE OEM MANUFACTURE WHEN THEY REPLACED THE FAULTY PART WITH FAULTY PARTS. IN MY RESEARCH I FOUND OUT IF MY ELECTRONIC THROTTLE BODY WAS REPLACE IT WOULD HAVE A YELLOW LABEL ON IT. MINE DOES NOT. IT HAS THE ORIGINAL WHITE LABEL ON IT. I BELIEVE THAT IT MAY HAVE HAD THE SOFTWARE UPGRADE AND CLEANED BUT I DO NOT BELIEVE THE ACTUAL UNIT WAS REPLACED. I TOOK MY CAR INTO THE LOCAL VOLVO STORE IN WINTER PARK FL WHERE I WAS CHARGED A TOTAL OF $127 AND SOME CHANGE TO TELL ME THAT I NEEDED A NEW ELECTRONIC THROTTLE BODY AND WOULD REQUIRE A NEW SOFTWARE UPGRADE. TOTAL COST TO REPAIR $880.00 AND QUOTE DOES NOT SAY THAT THE SOFTWARE UPDATE IS INCLUDED. I AM NOT THE ORIGINAL OWNER OF THE CAR. I BOUGHT IT WITH 75,000 MILES AND CURRENTLY HAVE 92,000 MILES. VOLVOS EFFORTS TO FIX THIS PROBLEM IS NOT WORKING AND IF IT DOES WORK IT DOES NOT FIX THE CAR FOR VERY LONG. WHY IS IT THAT THE WARRANTY FOR THE RECALL PART IS BASED ON THE TOTAL VEHICLE MILEAGE AND AGE INSTEAD OF THE AGE AND MILEAGE OF THE REPLACEMENT PART OR FROM THE TIME THE RECALL WAS ISSUED? I DO NOT HAVE ANY FAITH THAT SPENDING THE MONEY TO FIX THE CAR WILL SOLVE THE PROBLEM ONLY DELAY IT FROM RECURRING WITH IN MONTHS OR FEW THOUSAND MILES. THIS IS STILL AN ON GOING PROBLEM WITH THIS MODEL CAR AND VOLVO DOES NOT SEEM TO CARE THAT THEY ARE PUTTING LIVES IN DANGER. *TR