Abraham Jewett  |  November 18, 2022

Category: Auto News

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Taillight of Mazda 3 modern sporty hatchback with reflection on rear red paint after paint polishing and coating.
(Photo Credit: KULLAPONG PARCHERAT/Shutterstock)

Mazda oil consumption class action lawsuit overview: 

  • Who: Brian Heinz filed a class action lawsuit against Mazda Motor of America Inc. 
  • Why: Heinz claims Mazda sold certain model year 2021 vehicles with a defect that causes them to consume an excessive amount of engine oil and unexpectedly fail while in use. 
  • Where: The class action lawsuit was filed in California federal court. 

Mazda manufactured and sold a number of model year 2021 vehicles containing a defect that causes them to consume an excessive amount of engine oil when under normal operation, a new class action lawsuit alleges. 

Plaintiff Brian Heinz claims the defect causes the engines in affected Mazda vehicles to “unexpectedly fail while in operation.” 

Heinz argues that anyone who drives or is a passenger in a Mazda vehicle with the defect “have been exposed to serious risk of accident and injury.”

Mazda, meanwhile, either knew or should have known that its vehicles “were defective and not fit for their intended and ordinary purpose of providing consumers with safe and reliable transportation,” the Mazda class action alleges. 

Heinz claims Mazda would have learned about the defect during pre-production testing, warranty data, consumer complaints, and dealership repair orders. 

Mazda accused of failing to recall allegedly defective vehicles

Despite this, Heinz argues Mazda—which he says put out a technical service bulletin describing the issue in or around Oct. 4, 2021—has failed to recall the vehicles in order to repair the alleged defect, and has not provided drivers with adequate repairs or reimbursements for costs incurred due to the alleged defect. 

“Defendant’s (Technical Service Bulletin) admits that it does not have a ‘complete repair’ for this serious and dangerous Defect, and as of November 2022, Defendant has still not announced one,” states the Mazda class action. 

Further, Heinz claims Mazda concealed the alleged defect from consumers at the time of sale and repair, and, when finally acknowledging the existence of it, “has admitted that it is unable or unwilling to repair the defective Class Vehicles within a reasonable period of time.” 

Heinz wants to represent a nationwide class and California subclass of consumers who have purchased or leased an affected model year 2021 Mazda vehicle. 

Mazda is accused of unjust enrichment, breach of express warranty, and fraudulent concealment, and of violating California’s Unfair Competition Law and Consumers Legal Remedies Act

Plaintiff is demanding a jury trial and requesting equitable relief along with an award of actual, statutory, and compensatory damages for himself and all class members. 

Class certification was granted last month to a proposed class of Mazda 6 and Mazda CX-9 drivers claiming the company knew about a defect with its Cyclone engines that causes the water pump to fail

Have you purchased or leased a model year 2021 Mazda vehicle? Let us know in the comments! 

The plaintiff is represented by Thiago M. Coelho, Carolin K. Shining, Jonas P. Mann, Jennifer M. Leinbach, and Jesse S. Chen of Wilshire Law Firm, PLC. 

The Mazda oil consumption class action lawsuit is Heinz v. Mazda Motor of America, Inc., et al., Case No. 2:22-cv-02058, in the U.S. District Court for the Eastern District of California.


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24 thoughts onMazda class action alleges powertrain defect causes vehicles to consume excessive oil 

  1. Rosemary Martinez says:

    I juat had an accident past August serpentine belt broke and was gonna die at intersection gave it gas and car took off hit another did 360 and hit in rear.. this is the 3rd time the vehicle has done it own thing with electricital issue since I bought in January.. Mazda 6 2017

  2. Dillie J Hughes says:

    I have a 2008 mazda CX9
    My water pump went out Aug 2023 notice right away temp gage going up and down drove straight to my mechanic. He looked it over and told me water was in the oil.
    Cost me over 4000.00 to get new water pump and clean top part of engine. But today 11/13/ 23 I now have a knock took it back and now I will need a new engine all due to the water pump. I have only 135000.miles on this car
    Now at the age of 63 I have no car thanks Mazda

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