Honda Acura Drivers Win Cert. In Infotainment Class Action Lawsuit

A Class of California Honda Acura RDX drivers recently won class certification in federal court, although other states did not fare as well.

U.S. District Judge R. Gary Klausner agreed to certify a California Class of Honda Acura RDX drivers in his recent court order, finding that the plaintiffs had fulfilled all the legal requirements for certification. However, Judge Klausner took issue with the six other proposed Classes and the lack of alternatives.

According to the judge, certifying seven different Classes across several states was not practical, despite the plaintiffs’ arguments in favor. Additionally, Judge Klausner wrote that the plaintiffs hadn’t proposed a solution to the differences between each state’s applicable laws. These differences would allegedly pose a large issue during litigation – a complication that the plaintiffs failed to address.

“If the court were to certify plaintiffs’ proposed implied warranty class, the class would include plaintiffs from states that require privity, do not require privity, have exceptions to the privity requirement, and have unsettled legal standards,” the judge determined.

“Plaintiffs have not met their burden to show that the differences in the privity requirement are immaterial, nor have plaintiffs proposed a workable solution to instructing the jury on these different standards.”

Further, Judge Klausner notes that the plaintiffs failed to present a reasonable alternative to their proposed state Classes. Only in the case of the California Class was an alternative option given, the judge wrote.

“Plaintiffs motion primarily addresses predominance in the context of their request for seven multistate classes,” Judge Klausner said in his order. “It is only in passing that the plaintiffs ask the court to alternately certify 13 state-specific classes. Thus, plaintiffs fail to adequately address how predominance analysis will play out in this alternative scenario.”

In another court order issued on the same day, Judge Klausner responded to Honda’s request to compel arbitration and ruled in favor of the automotive company. According to the judge, individuals who leased their vehicles would be required to arbitrate their claims based on the agreements they signed.

As a result, several plaintiffs from North Carolina, New York, New Jersey, Georgia, Tennessee, and Texas had their claims sent to arbitration. Additional plaintiffs from Florida, Oregon, and Nevada were dismissed as well.

However, individuals who purchased their vehicles couldn’t be forced to arbitrate based on their purchase agreements. Unlike the lease agreements, Judge Klausner found that the purchase agreements “do not define Acura to include Honda. The court thus finds that as a non-party and non-signatory to the purchase agreements, defendants cannot invoke the right to the benefits of the delegation provisions.”

The Honda Acura RDX plaintiffs claim that their vehicles are equipped with defective infotainment systems. These systems, which are becoming more popular in newer vehicles, include a large screen which allows the driver to pair their phone, play music, enter directions, and perform other functions.

Unfortunately, the infotainment systems in Honda Acura vehicles are allegedly defective.

Plaintiffs claim that the defect in the systems causing delayed audio, issues with Android Auto, and other issues that allegedly diminish the value of the system.

Lead plaintiff Jimmy Banh – who was recently certified as Class representative for the California Class – says he would not have paid as much for his vehicle or simply would not have purchased it if he knew that the infotainment system was defective.

“It has been 10 months since Plaintiff Banh purchased the Vehicle and still no software update has been released containing Android Auto. Plaintiff Banh has been forced to use an adaptor, USB stick, and MP3 player to listen to music,” the Honda Acura RDX class action lawsuit claims.

The Honda Acura drivers accuse the company of violating several laws including the Magnuson-Moss Warranty Act, the California Legal Remedies Act, and the California Unfair Competition Law. As a result of these violations and their alleged damages in the form of loss of value, the plaintiffs seek compensation for themselves and the recently certified Class.

Other class Honda Acura RDX lawsuits have been filed over the same issue.

Have you had issues with your Honda Acura RDX infotainment system? Share your experiences in the comment section below.

The Honda Acura RDX drivers and the recently certified Class are represented by Steve W. Berman, Sean R. Matt and Christopher R. Pitoun of Hagens Berman Sobol Shapiro LLP, Jeffrey S. Goldenberg and Todd Naylor of Goldenberg Schneider LPA and John C. Weisensell of Niekamp Weisensell Mutersbaugh & Mastrantonio LLP.

The Honda Acura RDX Infotainment Class Action Lawsuit is Jimmy Banh et al. v. American Honda Motor Co. Inc., Case No. 2:19-cv-05984, in the U.S. District Court for the Central District of California.

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