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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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20 thoughts onHonda Acura Drivers Win Cert. In Infotainment Class Action Lawsuit
I have also have had issues with my infotainment system. I am also having transmission problems. I have videos of both acting up multiple times. I have over twenty videos about these issues. Acura keeps saying they have fixed it but my videos clearly say otherwise. It goes in the shop just about monthly. Please feel free to contact me catonzara@gmail.com
I bought a 2020 RDX ASPEC in 08/2019. For the first couple months, everything was wonderful, but now it’s been nothing but unanswered questions and faulty technology. It is extremely disappointing, especially when you’re still paying for the vehicle. On an hour trip- my technology will cut in and out over 20 times. For the price I paid for my vehicle- this is absolutely absurd.
Since when is it OK for an automaker to sell or lease vehicles that do not operate properly, and then be unwilling to fix the defects? That is the situation I am facing with the dealership where I leased a 2019 Acura RDX. The vehicle’s “infotainment system” has not functioned properly for months, and the dealership’s service department admits the system has bugs and cannot be repaired until a software overhaul takes place. When will that occur? The dealership doesn’t know. I am going to try to have my lease voided so I can find another vehicle that operates properly. Based on the disappointing interactions I have had so far with Acura staff at the dealership, I am not holding my breath on a positive outcome.
I have been experiencing the same issues and more with my 2019 RDX and am constantly floored as to how horrible Acura is handling the situation. My lease is up this year and I will never buy another Acura or Honda again. 11 Hondas/Acuras later, and never again. Were you able to void your lease? I want the fee waived to return it when the day finally comes this year.
I own a 2019 Acura RDX. I’ve had it for over a year. All of the sudden the Apple CarPlay started cutting in and out which makes it impossible to depend on the navigation.
I have the same issues with my 2020 RDX Aspec. I cannot receive phone calls, which is dangerous while I pull out my phone. Sound decreases and stops. Steering wheel controls don’t always work. I paid way too much for this vehicle with these issues!
Honda issues with their infotainment system is they went cheap with the hardware in the head units. Specifically, not enough memory (ram, hard drive, L2 cache, etc.) I cannot get Honda to share memory type and amount that is included in the head unit (a computer) of my 2019 Accord.
Hello, I have 2019 Honda Odyssey and started facing Issues with Infotainment, it is not booting until 30-40mins later. I have shown to dealer but there is no luck.
What can be done ? What are my next options ?
How to join the lawsuit ?
I have a 2019 Honda Odyssey EXL with Navigation. I have been a loyal Honda Odyssey Owner for over 20 years (multiple vehicles) This is the first time that I have experienced all these problems. I drive a lot and long distances and I have been experiencing problems since day 1. I have taken the car in more than 4 times with no solution! I have pictures and videos of what happens. This is not just an inconvenience it is a safety issue. I have been forced to pull to the side of the highway multiple times, I have been unable to use the phone hands-free, I have taken the wrong turn or missed a turn because navigation went dead. This is a dangerous problem.
In the begining I would only lose the audio, no navigation, phone or audio tapes to help me stay alert while driving. I would stop the car engine and start it again with no results and then I figured out if you stopped the car, turned off the engine and opened the door it would sometimes come back for a while. Now I either lose the volume or the whole thing goes completely dead! It is random and now the turning the car off and on even with door open does not solve the problem.
I have a 2019 RDX and since day one the Apple car play suddenly disconnects on every ride I take.
I have the same issue with my 2020 RDX. Dealership does not want to accept responsibility to repair it.
I also have a 2019 RDX and have never had the infotainment system work correctly! The dealer kept saying and is still saying almost 2 years later that they are waiting for a software update! Really??? I wish I could turn in this car for one that has a working system! I have lost calls, had the screen go black, not been able to listen to the radio, GPS black out, it is constant source of frustration and making me take my eyes off the road! This is a very dangerous situation and no one seem to care at Acura!! So until some unfortunately dies and it’s reported that it’s because of this system nothing will get done! I want to report this issue to anyone who will listen.
I have a Acura 2019 MDX
Issues listening to Apple CarPlay
I have the same issue with my 2020 RDX. The dealership doesn’t want to accept the responsibility to repair it.