Class Action Filed Over Alleged Software ‘Miscommunication’ Defect in 2016-2020 Acura MDX, RDX Vehicles
Partovich v. American Honda Motor Company, Inc. et al.
Filed: April 7, 2020 ◆§ 3:20-cv-00676
Honda has been hit with a class action claiming a defect in the computer systems found in certain Acura MDX and RDX models can cause engine deceleration, stalling and abrupt shutdowns.
California
A proposed class action lawsuit alleges Honda has continued to sell and lease certain Acura MDX and RDX vehicles without disclosing an apparent software “miscommunication” defect that can cause sudden rapid deceleration, stalling, acceleration hesitation, abrupt shutdowns and shifts into neutral while driving.
Honda equips 2016-2020 Acura MDX and 2019-2020 RDX vehicles with a “Drive-By-Wire Throttle System” that the automaker claims gives the cars “racing-inspired pedal movement and smooth, powerful response” without the need to utilize traditional throttle body-connected cables alongside electrical components, the complaint begins. In the MDX and RDX models at the center of the case, a sensor is attached to the gas pedal to measure how far it has been depressed. That measurement, the suit continues, is then sent to the throttle control computer, which tells the throttle body to limit or expand the amount of air that’s let into the engine. Similarly, an MDX or RDX’s engine control module and transmission control module also send data to a car’s throttle control computer to account for gear changes or fuel efficiency accommodations, the case says. Essentially, in order for a vehicle to operate correctly, its throttle system must communicate seamlessly with its electronic control module and transmission control module, according to the suit.
In affected Acura MDX and RDX vehicles, however, the three essential systems do not work together in concert, and instead receive “conflicting instructions” when a gas pedal is depressed, the lawsuit alleges. The supposed defect can cause affected vehicles to be thrown suddenly into neutral, or “limp mode,” or shut down while being driven, a possibility the case relays no reasonable consumer, relying on Honda’s safety and reliability promises, would expect in buying or leasing an Acura MDX or RDX.
“Had Defendants disclosed the Defect, Plaintiff and other owners and/or lessees of Class Vehicles would not have purchased or leased their Class Vehicles, or would have paid less for their Class Vehicles,” the suit says.
According to the complaint, Honda received within months of selling its first 2016 Acura MDX vehicles a number of consumer complaints centered on acceleration hesitation issues, sudden stalling and abrupt vehicle shutdowns. Though it possessed knowledge of the software problem, Honda failed to issue a “comprehensive and effective recall,” much less fix proposed class members’ vehicles, the case claims. Instead, Honda allegedly continued to sell Acura MDX and RDX vehicles with engine control and transmission control modules and throttle systems hampered by software-related communication problems.
Further, the suit contests that Honda is required to fix the software miscommunication defect under warranty yet has failed to repair or replace the allegedly faulty MDX and RDX parts free of charge. Despite the potentially fatal nature of the apparent defect, defendants American Honda Motor Company and Honda Motor Company Ltd. continue to sell Acura MDX and RDX models without disclosing the existence of the software defect to buyers and lessees, the lawsuit alleges.
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