‘Far from Reliable’: Class Action Alleges Subaru Outback, Ascent Models Stricken with Electrical System Defect
Dalen v. Subaru of America, Inc.
Filed: April 16, 2020 ◆§ 1:20-cv-04393
A class action alleges 2016-2019 Subaru Outback and 2019-2020 Ascent vehicles suffer from an electrical system defect that can prematurely drain the cars' batteries.
A proposed class action lawsuit alleges 2016-2019 Subaru Outback and 2019-2020 Ascent vehicles suffer from an electrical system defect that can cause unexpected battery failure.
The 28-page complaint filed in New Jersey claims defendant Subaru of America is “more than aware” of the alleged electrical system defect yet has offered no permanent solution for the issue. Subaru has known of the problem since at least 2017, as evidenced by a service bulletin from that year specifically describing the defect and a high volume of driver complaints, the lawsuit alleges.
According to the case, the electrical system defect stems from Subaru’s decision to install batteries with capacities too insufficient to power affected vehicles’ electrical components while a car is turned off. The suit says that absent a repair to a vehicle’s components that cuts down on the electrical demands put on its battery, it is “substantially certain” that drivers will experience the defect again.
When the battery problem manifests, affected vehicles will not start and are rendered completely inoperable, the case says, adding that to fix the apparent defect, Subaru has chosen to simply replace drivers’ batteries. According to the suit, however, Subaru’s replacement batteries suffer from the same electrical problem, which has caused drivers such as the plaintiff to be stranded and seek roadside assistance.
“Given the serious and varied dangers from being left stranded, the Defect presents a clear safety hazard,” the complaint says.
Though Subaru boasts that its vehicles are “built to minimize limits and maximize versatility, durability and all-around safety,” among other claims, the plaintiff argues the automaker’s representations are ultimately false given certain models can prematurely lose battery power. The case claims some drivers have had to pay out-of-pocket for equipment to jump or charge their batteries, yet according to the suit, the extent of the defect is such that simply jumping or recharging a battery will not fix the problem. From the case:
“Vehicle batteries are not designed to be continually drained down to low volumes. Their purpose is to provide a quick surge of electricity to start the engine. After the engine starts, the alternator provides the power the vehicle needs. When a vehicle’s battery is drained to a low percentage of its total charge, its lifespan is shortened, until the battery loses all power. The Defect therefore results in the need to replace the battery in Class Vehicles far more often than is typical. Until the Defect is fixed by Subaru, replacing batteries will continue to be an ongoing expense and inconvenience for owners and lessees—especially after their warranty period has expired.”
The complaint says consumers would not have purchased or leased affected Outback and Ascent vehicles had they known of the apparent electrical system defect. In all, the suit alleges, Subaru has deprived drivers of the benefit of their bargain.
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