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I experienced a similar situation last year. I brought the car into the dealership. The technician was able to tell my ECU has been flashed and reflashed back to original ROM. They used that as a basis to deny my claim.
I decided to repair the car out of my own pocket. I bought an used engine and had a reputable shop install it. Months later, I got a marketing letter from a lawyer. I got in touch with them and told them my story. I provided all the paperwork with the purchase of the car and repair records. At the end, I accepted an offer from Subaru for $3k.
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