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A federal judge yesterday rejected a bid by American Honda Motor Co. to dismiss a proposed class action lawsuit accusing the automaker of failing to disclose a power window defect in certain models.
On June 10, U.S. District Judge Stephen Wilson allowed plaintiffs to proceed with claims that Honda was aware of the alleged power window defect when it sold the vehicles in question, finding they had sufficiently alleged violations of California and Iowa consumer protection laws. Judge Wilson did, however, trim breach-of-warranty claims under New Jersey and Tennessee law, as well as a New Jersey consumer protection claim and a claim under California’s Song-Beverly Act.
The Honda window defect class action lawsuit was originally filed in 2012 by plaintiffs Phyllis Grodzitsky of San Diego and Jeremy Bordelon of Tennessee, who claim the windows in their Honda vehicles dropped into the door frame and became stuck or broken.
They claim the alleged power window defect is caused by a defective piece of plastic that is meant to keep the windows in place while the window motor operates. The class action lawsuit says the piece of plastic is weak and breaks under normal operating conditions, causing the problems that Grodzitsky, Bordelon and other Honda owners have complained about.
Grodzitsky and Bordelon amended their complaint in February 2013 after Judge Wilson found they had insufficiently proven that Honda knew about the power window defect based, among other things, that Honda had received online complaints from consumers about the power window failure.
In the amended class action lawsuit, the plaintiffs pointed to pre-release testing of the window regulators, repair reports, replacement part orders, service-center bulletins – in addition to consumer complaints – as evidence that Honda knew about the problem but failed to disclose it.
In his order yesterday, Judge Wilson seemed to agree with the plaintiffs’ contention that the allegations “construct a factual context in which Honda’s prior knowledge of the defect from multiple sources is plausible.”
The Honda Power Window Defect Class Action Lawsuit case is Phyllis Grodzitsky et al. v. American Honda Motor Co. Inc., Case No. 12-cv-1142, in the U.S. District Court for the Central District of California.
The plaintiffs are represented by Jonathan D. Selbin, Kristen E. Law-Sagafi, Mark P. Chalos and Annika K. Martin of Lieff Cabraser Heimann & Bernstein LLP.
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10 thoughts onHonda Power Window Defect Class Action Survives Dismissal
4th time my window regulators stopped working on my 2008 Honda Element. When talk to dealership about it, they either say nothing or that they can quote me a price to fix the problem… in the tune of $600 dollars. What can I do to add my name and voice these negative experiences for action. Too many customers have had this same problem. This is a safety issue… Honda is a greedy, uncaring company. What can I do to add my name and voice associated with these negative experiences for action and claim justice/restitution?
My 2007 Honda Element SC had the window regulars on both the driver and passenger side go out a total 3 times (twice on the driver side and once on the passenger). All 3 times I was out of the new vehicle warranty but had to fork over a $100 deductible each time my Zurich warranty covered the repairs. Will be interesting to see if we can eventually file claims to get our costs reimbursed!
I would like to add some positive feedback to previous posts.
DCH Honda contacted me after I sent them an email regarding my thoughts and concerns. The Service Manager contacted me today and has restored some of my faith in big business. Honda agreed to pay for the regulator part, and for installation they would charge me $180, using my already paid $90 as partial payment. The Service manager was very professional and courteous in coming to a more positive solution.
I decided that $562 was to much to pay. I went to Pep Boys to check price there. Window regulator part is $142. After checking around cost to install is between $155 and $255 here in the Ventura/Oxnard area. The real disappointment is DCH Honda of Oxnard charging me $90 to “diagnose” the problem when they knew exactly what it was when I brought it to them 15 minutes after it happened. My entire confidence in Honda, after I went online tonight, and saw that they’ve been well aware of the problem for a long time, is totally done. I enjoyed my first Honda, but after this, I’m done. Actually, had been looking at a new Accord just recently. Not anymore!
This happened today to my Honda Cr-V. A very loud sound, like a gun shot, scared the day lights out of me. Then the drivers side window had fallen down into the door. Honda dealer in Oxnard charged $90 to diagnose what happened, but he said immediately when I brought it in that it was likely the regulator. He said in order to fix it would be $611 but since it was the holiday time he’d give me a 10% discount and it would only cost me $562. He said the part alone was $381. How do I join the lawsuit? Or get more information.
My window switch is constantly going out, especially after the warranty expired cost me hundreds of dollars to get it fixed
Any updates
This is absolutely a huge issue. It has happened to me 4 times now, twice under warranty and twice outside of the warranty, $400 a pop to get it fixed, no warning no nothing, and you don’t have a choice, you have to get it fixed. Honda will not stand behind their products, and even after this many times will not work with you on the cost or recall the part. I would even settle for the designers of their vehicles to design a replacement part where this won’t happen. I own a 2007 Pilot and have enjoyed the vehicle but have not enjoyed the grief I have to keep going through with this, and the grief of dealing with American Honda Corp. associates whose only idea of a solution is “well this has happened to many Pilot owners as well”, as if that is supposed to make me fell better regarding my circumstance and having to dish out $400 each time only knowing that it’s going to happen again without notice.
How do I file a claim?
How do we file a claim for this class action suit?