Class Action Alleges Electrical System of 2015-2019 Subaru Outback, Forester, WRX, Legacy, and Ascent Vehicles Subjects Vehicle Batteries and Charging Systems To A “Continuous Parasitic Drain” – Risk Of “Sudden Battery Failure”
Kehoe Law Firm, P.C. is making consumers aware that on April 23, 2020, a class action lawsuit was filed in United States District Court, District of New Jersey, against Subaru of America, Inc. and Subaru Corporation (collectively, “Subaru”) on behalf of owners and lessees of 2015-2019 Model Year Subaru Outback, Forester, WRX, Legacy, and Ascent vehicles.
According to the complaint, “[t]he electrical system in [2015-2019 Model Year Subaru Outback, Forester, WRX, Legacy, and Ascent vehicles] subjects vehicle batteries and charging systems to a continuous parasitic drain. The batteries with which Subaru equipped the . . . [v]ehicles are thus too small to overcome the parasitic drain and power the . . . [v]ehicles as consumers reasonably expect automobile batteries to do, predisposing . . . [v]ehicles to sudden battery failure. The parasitic drain . . . is constant, even when their engines are not running.”
The complaint alleges that
[a]s Plaintiff and Class Members’ experiences demonstrate, each of Subaru’s ‘fixes’ has been ineffective; more than two years later, consumers are still complaining of premature and unexpected battery failure.
Despite knowing of the [d]efect at or about the time that they began to market the . . . [v]ehicles for sale or lease, Defendants failed to disclose the [d]efect to consumers. Nor has Subaru instructed its dealerships to disclose the [d]efect to Subaru’s customers.
Because of Subaru’s concealment, consumers were unaware that they were buying or leasing defective vehicles, and vehicle owners and lessees did not discover the [d]efect until their batteries failed and they were forced to pay out of picket to prematurely replace those batteries. [Emphasis added.]
Additionally, the complaint alleges that the defect in the aforementioned Subaru vehicles “. . . typically manifests after consumers have turned off their . . . [v]ehicles, stranding operators and their passengers and making them more vulnerable to potential crime, accidents if stranded on a roadside, and other risks that could have otherwise been avoided, such as small children or pets remaining trapped within locked vehicles that cannot be opened after the [d]efect manifests.”