Porche settlement resolves faulty software update claims

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Update:

• A Georgia federal judge gave preliminary approval to a settlement reached between Porsche and drivers that would end a class action alleging a failed software update permanently damaged thousands of Porsche vehicles’ infotainment systems, causing them to enter a “near-continuous reboot cycle” and drain the car battery.
• In an order filed Feb. 22, U.S. District Judge Mark H. Cohen indicated the court will certify the settlement class led by plaintiffs Kent Bowen and Kathleen Darnell against Porsche Cars North America Inc. 
• Their lawsuit alleged that the update caused the systems to malfunction, resulting in frequent rebooting and damaging the system hard drive. 
• The glitch affected all Porsche vehicles with a satellite radio antenna and PCM system 3.0 or 3.1, including, but not limited to, the Panamera, Cayenne, 911 Macan, Cayman and Boxster for model years 2010 through the present, according to the lawsuit.
• Under the settlement, Porsche will offer full reimbursement for the issue with a cap at $7,500 per vehicle, the settlement states.

Porsche infotainment class action lawsuit overview:

• Who: Porsche
• What: A class action lawsuit alleging thousands of Porsches’ infotainment systems have been permanently damaged by a failed software update can go ahead, a judge has ruled.
• Where: Nationwide 

(Sept. 24, 2021)

Porsche must face a class action lawsuit alleging thousands of its vehicles’ infotainment systems have been permanently damaged by failed software update, causing them to enter a “near-continuous reboot cycle” and drain the car battery, a Georgia federal judge ruled on Sept. 20.

The judge partly denied Porsche Cars North America Inc.’s motion to dismiss a class action lawsuit filed by Plaintiff Ken Bowen. Bowen claims an unauthorized update from Porsche or Sirius, a satellite radio provider, resulted in a number of issues for his car’s Porsche Communication Management system (PCM), according to a class action lawsuit that was filed on Feb. 1, 2021. 

The PCM interactive system allows Porsche drivers to adjust the radio and sound, see real-time traffic displays, connect to cell phones and get GPS navigation.

The update caused the PCM to malfunction, resulting in it rebooting frequently and damaging the PCM hard drive. All Porsche vehicles with a satellite radio antenna and PCM system 3.0 or 3.1 were affected by the glitch, including, but not limited to, the Panamera, Cayenne, 911 Macan, Cayman, and Boxster for model years 2010 through the present.

Bowen claims the update caused the PCM to enter “a near-continuous reboot cycle, draining the vehicle’s battery, damaging the PCM hard drive, depriving the owner of the ability to enjoy his vehicle, causing an irritating and potentially dangerous ‘static noise, and resulting in numerous other significant problems” the class action complaint states. 

District judge rules the allegations in the Porsche class action are ‘plausible,’ allows lawsuit to move forward

US District Judge Mark Cohen ruled Bowen’s allegations were “plausible” and that Porsche “intentionally accessed” the PCMs by either directly sending or facilitating the transmittal of the update because “Porsche had the technical capacity to modify PCMs and… subsequently released a statement to Porsche owners about the damage allegedly caused by the update.” 

Bowen seeks monetary damages, with the complaint stating that damages from the malfunction exceed $5 million. Members of the proposed national class should also be entitled to thousands of dollars in compensation per person. 

A damaging software update is just the latest issue Porsche has been facing recently. 

In January 2021, a class action lawsuit was filed over Porsche emissions with claims the company manipulated and deceived consumers about the performance of its cars.

In February 2020, another class action lawsuit alleged that the engine cooling systems in some Porsche vehicles are defective, leading to expensive repairs. Allegedly, Porsche refused to remedy the problem, and car owners were forced to pay out-of-pocket to repair the issue.

Are you the owner of a Porsche and have experienced issues with the “infotainment” system following a software update? Let us know in the comment section below.

Bowen is represented by Michael A. Caplan and T. Brandon Waddell of Caplan Cobb LLP, Matthew R. Wilson and Michael J. Boyle Jr. of Meyer Wilson Co, LPA, and David Stein and Alexander Bukac of Gibbs Law Group LLP.

The Porsche Failed Software Lawsuit is Kent Bowen et al. v. Porsche Cars N.A., Inc., Case No. 1:21-cv-00471, before the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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