Mazda Hit with Class Action Over Allegedly Defective Fuel Pumps in the Wake of Nov. Recall
by Erin Shaak
Vance et al. v. Mazda Motor of America, Inc. et al.
Filed: November 16, 2021 ◆§ 8:21-cv-01890
A class action claims certain Mazda vehicles have been equipped with defective fuel pumps that can cause the engine to stall, shut down or fail to start.
Mazda Motor Corporation Mazda Motor of America, Inc. Denso Corporation Denso International America, Inc.
Magnuson-Moss Warranty Act California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act Song-Beverly Consumer Warranty Act
California
A proposed class action claims certain Mazda vehicles have been equipped with defective fuel pumps that can cause the engine to stall, shut down or fail to start, posing a “substantial risk of injury and death” to the vehicle’s occupants.
According to the sprawling 106-page complaint, the affected vehicles contain a low-pressure fuel pump manufactured by Denso Corporation that has been known to fail when one of its critical components deforms over time. Per the suit, an initial recall of the fuel pumps by Denso in April 2020 indicated that an inoperative fuel pump could cause a vehicle to stall and, in some instances, increase the risk of a crash.
The case alleges that Mazda, despite being aware of the April 2020 recall and a slew of consumer complaints about its vehicles’ fuel pumps, waited until November 2021 to recall certain vehicles manufactured with a defective Denso fuel pump between April 2018 and January 2020. The recall, however, failed to include 2013-2020 model year Mazdas equipped with the same defective part, the lawsuit contests.
According to the suit, the November 2021 recall was “woefully inadequate” for several reasons, including that some affected vehicles were left out, the recall failed to offer an effective remedy, drivers were not warned of the safety hazards posed by the defective fuel pumps nor told to stop driving their cars, and Mazda failed to provide free loaner vehicles until the proper repairs were made.
The case alleges that defendants Mazda Motor of America, Inc.; Mazda Motor Corporation; Denso Corporation; and Denso International America, Inc. have misleadingly marketed their products as “safe and dependable” while failing to disclose the existence of the dangerous safety defect.
“As a result, at least hundreds of thousands of Mazda’s customers in the United States are driving vehicles that pose a serious safety risk,” the complaint scathes.
The lawsuit relays that Denso first issued a recall on April 27, 2020 for certain of its low-pressure fuel pumps—a critical vehicle component that delivers gasoline from the fuel tank to a vehicle’s engine. Per the complaint, the fuel pumps were manufactured between September 1, 2017 and October 6, 2018 and may have been installed in as many as 2,020,000 vehicles across multiple manufacturers. The affected fuel pumps, the case says, are plagued by a defective impeller that “may become deformed under certain conditions” and could render the fuel pump inoperable.
According to the case, Denso expanded the recall in June 2020 and again in November 2020, at that point “nearly doubling” the number of affected fuel pumps. Mazda, for its part, issued a foreign recall campaign report in July 2020 indicating that it had recalled certain vehicles with defective fuel pumps in China, Japan, Thailand, Malaysia, Vietnam and Mexico, the suit relays.
While the report noted that there existed “Substantially Similar Vehicles in the U.S.” that were affected by the defective part, the automaker chose not to issue a stateside recall “due to differences in U.S. logistic conditions, typical customer usage and other factors,” according to the complaint.
Per the suit, Mazda finally issued a U.S. recall in November 2021 of certain 2019 CX-3, 2018-2019 CX5, 2018-2019 CX-9, 2019-2020 Mazda2, 2018 Mazda3, 2018 Mazda6, and 2018-2019 MX-5 vehicles manufactured at various times between April 2018 and January 2020.
The lawsuit alleges, however, that the recall failed to include other 2013-2020 vehicles equipped with “the same defective Denso made low-pressure fuel pump with a part number suffix 13350.” The case points out that a recall from another manufacturer covers 2013-2019 vehicles with the same Denso fuel pump.
The suit accuses Mazda of failing to warn drivers of the defect in their vehicles’ fuel pumps despite being aware of its existence as early as March 2019. Moreover, Mazda acknowledged that the defect presented substantial safety concerns, including the risk of a collision, yet “egregiously” failed to instruct drivers to stop using their vehicles until they were repaired, the lawsuit attests. Additionally, drivers were not offered free loaner vehicles until their fuel pumps could be fixed, according to the complaint.
The case goes on to claim that Mazda’s repairs, which are identical to those of three other manufacturers, are “inadequate on multiple levels” because technicians are instructed to replace only the fuel pump motor instead of the fuel pump itself. Per the suit, this is “an extremely delicate and difficult procedure” that could result in damage to the entire fuel pump.
Regardless of the availability of a remedy for the fuel pump defect, the value of the affected vehicles has decreased as a result of the recalls, financially damaging owners and lessees, the lawsuit says.
The case looks to represent current and former owners or lessees of a class vehicle—i.e., a 2013-2020 Mazda-manufactured vehicle equipped with a defective Denso-made low-pressure fuel pump with a part number suffix of 13350—that was purchased or leased in the U.S., including the District of Columbia, Puerto Rico and all U.S. territories and possessions. Separate respective classes for those who bought or leased their vehicles in Alabama or California have also been proposed.
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