Subaru Class Action Alleges Battery Defect

A Subaru class action lawsuit alleges certain vehicles have defective electrical systems which cause premature car battery failures.

The Subaru class action lawsuit targets the Subaru Outback (2016-19 model years) and Subaru Ascent (2019-20).

According to the Subaru class action lawsuit, plaintiff Dustin Dalen purchased a new 2017 Outback in March 2017 from a dealership in Oregon.

The original battery reportedly failed in April 2018 with only 12,000 miles on it, stranding Dalen’s wife and two children at a park. When he took the vehicle to the dealership for inspection, the technician could not diagnose the problem, the filing states.

“From then on, Mr. Dalen was required to regularly charge the battery at home to keep it from failing again,” according to the Subaru class action lawsuit.

It did fail again during a business trip to Seattle, where Dalen had to hire an Uber late at night to take him to buy a portable charger and cables so he could jump-start his vehicle and drive home the next morning, the Subaru class action lawsuit states.

During a February 2020 oil change at the dealership, techs reportedly discovered that his battery – which at this point had less than 36,000 miles on it – had low voltage, and they replaced it.

According to the Subaru class action lawsuit, sport-utility vehicle batteries usually have a lifespan of four to six years.

Dalen’s Outback and other vehicles targeted in the Subaru class action lawsuit allegedly have a specific defect that makes this a recurring problem.

“The Defect arises from Subaru’s decision to install batteries with insufficient capacity to power the Class Vehicles’ electrical components when the vehicle is turned off,” reads the Subaru class action lawsuit.

“Absent a repair to the vehicle that reduces the demand on the battery, drivers whose batteries are replaced with the same battery are substantially certain to experience the Defect again.”

The plaintiff also claims the company has known about the issue for at least three years.

“That Defendant has long known about the Defect is clear based on a related service bulletin in 2017 specifically describing the Defect, and by the large numbers of consumer complaints, including those made to Defendant’s authorized dealers,” the Subaru class action lawsuit states.

Complaints going back as far as 2016 cite the same issue, with some vehicle owners and lessees reporting they had to purchase portable chargers to avoid being stranded multiple times. One person claimed to being stranded “five times, including once in a remote part of Canada.”

And yet, according to the Subaru class action lawsuit: “After three years of mounting complaints about the Defect in Outbacks, Subaru knew about the Defect before it launched the Ascent, which was new to Subaru’s lineup for the 2019 model year.”

The alleged defect may also be present in the upcoming Outback model, according to the filing.

“An internal report dated April 26, 2019, from Subaru’s Quality Improvement Committee noted that Subaru was already concerned with battery failure problems in the 2020 Outback, which was set to enter production in the summer,” states the Subaru class action lawsuit.

The plaintiff says no reasonable person would expect this kind of problem from a new vehicle, nor would they knowingly choose to buy or lease a vehicle with a defect that would render it inoperable, posing a serious safety risk.

“Subaru had a duty to disclose the true quality and reliability of the Class Vehicles because the knowledge of the Defect and its details were known and/or accessible only to Subaru; Subaru had superior knowledge and access to the relevant facts; and Subaru knew the facts were not known to, or reasonably discoverable by, Plaintiff and Class Members,” according to the Subaru class action lawsuit.

The plaintiff is suing for breach of warranty (both express and implied, under federal law); breach of written warranty (under Oregon state law); fraudulent concealment; unjust enrichment; and violation of Oregon’s Unlawful Trade Practices Act.

Dalen is demanding a jury trial to stop Subaru from continuing its alleged illegal practices and to order Subaru either to institute a recall or free replacement program, or to buy back the defective vehicles. The plaintiff also seeks punitive damages and restitution for related expenses and court costs.

The Subaru owner is represented by Bradley K. King, Tina Wolfson and Ruhandy Glezakos of Ahdoot & Wolfson PC.

The Subaru Battery Class Action Lawsuit is Amy Burd, et al. v. Subaru of America Inc., et al., Case No. 1:20-cv-03095, in the U.S. District Court for the District of New Jersey.

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