Acura Class Action Claims Defected Computer System

Honda has been hit with a class action lawsuit alleging a defect in Acura’s computer can cause affected vehicles to slow and stop unexpectedly.

Lead plaintiff Roby Partovich claims in the Acura computer class action lawsuit that he and other drivers are put at risk by the unexpected slow downs and stops caused by the defect.

In addition, the plaintiff says Honda is aware of the problem, but failed to rectify it or even warn consumers.

“No reasonable consumer expects to purchase or lease a vehicle that contained a defect which creates a safety hazard which causes the vehicle to fail to accelerate, stall, throw itself into neutral or ‘limp mode,’ or shut down while being driven,” contends the Honda class action.

The Acura class action lawsuit alleges the defect affects model year 2016 to 2020 Acura MDX or 2019-2020 RDX vehicles.

Partovich claims that his 2016 Acura MDX went from 75 mph to a mere 45 mph unexpectedly while he was traveling on the highway. He says that he took it to a Honda dealership for repair, but was told there was no problem.

However, the Acura computer defect reportedly caused him to come to a complete stop in a parking lot after visiting the dealership.

The Acura computer defect stems from electronic sensors connected to the gas pedal that measure the amount of pressure the driver is putting on the pedal, asserts the Honda Acura class action lawsuit. This system is different from most vehicles, states the complaint, which generally have a physical connection between the two to determine how much to accelerate.

According to the Honda class action, the Acura computer miscommunicates, causing hesitations between when the driver presses the pedal and the car accelerates, leading to deceleration or even a full stop.

Hesitating or stopping while on the road presents a serious safety risk to both the occupants of the Acura allegedly affected by the defect, but also other drivers. Suddenly slowing or stopping on the freeway increases the risk of collision and personal injury, points out the plaintiff.

“With each Acura vehicle, Honda promises ‘Precision Crafted Performance,’” alleges the class action lawsuit. “The emphasis on driving performance is how Honda attempts to distinguish its luxury brand, Acura, from competitors. In service to the goal of premier performance, each of the Class Vehicles are equipped with a Drive-By-Wire Throttle System (‘Throttle System’), which Honda describes as ‘giv[ing] racing-inspired pedal movement and smooth, powerful response with just-right throttle sensitivity for most situations by replacing traditional cables with electronic components.’”

Despite Honda’s promises regarding Acura’s superior performances, the defect in the computer system substantially affects the performance of the vehicle, contends the complaint.

In addition, Honda allegedly knew of the Acura computer defect, but will not cover repairs under its warranty or offer any other permanent resolutions to the problem.

“Within months of the sale of the first 2016 Acura MDX vehicles, Honda received complaints from consumers about hesitation on acceleration, stalling, and sudden shutdowns via its authorized dealers, as well as through safety complaint reports made to the National Highway Traffic Safety…” notes the class action lawsuit.

Honda knows of the Acura computer defect, claims the plaintiff, but has failed to act upon the knowledge.

“Despite knowledge of the Defect and its dangerous associated safety risk, Honda failed to issue a comprehensive and effective recall, fix the vehicles, and continued to sell vehicles with the Defect,” alleges the complaint.

According to the plaintiff, Honda has committed fraud and violated federal warranty law, as well as California consumer protection laws.

The Acura computer defect class action lawsuit seeks to represent a nationwide Class of consumers who purchased or leased a model year 2016 to 2020 Acura MDX or 2019-2020 RDX vehicle. Alternatively, the plaintiff would like to represent a Class of California consumers who purchased or leased the allegedly defective vehicles.

The plaintiff is seeking damages, as well as a court order requiring Honda to stop highlighting the precision and safety of the Acura models.

Have you experienced unexpected deceleration or stops in an Acura? Tell us what happened in the comments section below.

The plaintiff and proposed Class Members are represented by Steven Weinmann, Tarek H. Zohdy, Cody R. Padgett and Trisha K. Monesi of Capstone Law APC and Russell D. Paul, Amey J. Park and Abigail J. Gertner of Berger Montague PC.

The Honda Acura Computer Class Action Lawsuit is Partovich v. American Honda Motor Co. Inc., et al., Case No. 3:20-cv-00676, in the U.S. District Court for the Southern District of California.

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