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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123 thoughts onSubaru Class Action Alleges Battery Defect
I have a 2019 Subaru Outback with just shy of 14,000 miles. Last Saturday April 3, 2021, I noted the passenger window wouldn’t open from the draivers side. I tried later that day and it worked.
On April 5, 2021, I drove to my art class and parked at 1:09 pm, I couldn’t get in the car at 4:00 pm key fob so I used the key, the car was completely dead nothing worked. Engine didn’t even turn over. Took two hours to get a jump and then drove straight to the dealer. The next morning they said there is nothing wrong with the battery however cannot explain the failure for the entire electrical system the previous day. I am so disgusted that Subaru expects to drive around in a car that may leave me stranded. I am going to purchase a new battery and have asked them to buy back the current battery since nothing is wrong with it! Ha!
Please add me to the lawsuit.
Battery in my 2019 ascent goes almost dead if car is not used for 4or5days and won’t start has happened at least 6 times dealer says you don’t drive it enough never heard of that in my life
2017 Outback with 52K miles. I’m on my third battery. The second one (<2 yrs old) basically exploded and leaked inside the engine. The biggest problem I have is with the electrical system, though. I'm now having to replace the block wiring harness assembly for $2100 because rodents chewed wires in the engine, the ones connected to the alternator. Apparently, the wires are coated with some sort of soy that attracts rodents. Help.
I thought the original battery in my 2015 Legacy was bad in Oct. of 2017. I felt the stock battery was undersized so I replaced it with a higher-rated NAPA battery. This month, March 2021, vehicle suddenly would not start or even turn over. I measured battery voltage at 11.5V so I had the care transported to my Subaru dealer. They pronounced the battery bad with 0 cold cranking amps. I had them replace the battery with a Subaru unit and took the NAPA battery back to my NAPA store. There, the NAPA battery tested with like-new output, 600+ cold cranking amps.
I returned to the Subaru dealer and insisted that they test the battery in front of me. They brought out a small portable tester, and I said no, that I wanted a heavy-duty tester. They brought out a large, sophisticated unit and the battery tested good, again 600+ cold cranking amps.
The shop manager said he still “believed” the battery was bad but he would put it back in my car if I wanted. I said I wanted the problem found, it was not a matter of belief, which has no place in science or trouble-shooting malfunctions. Now I suspect that the original battery was good too and that the problem is ECU and or software-related. I have contacted Denso, manufacturer of the ECU.
Please add me to the suit.
Yesterday, July 28th, the car would not unlock due to low battery voltage. This is a new Subaru battery replaced in March, 2021. The battery voltage was down to .85V. The car had been parked and not driven for two previous days, but this is unacceptable. I have had it towed back to the Subaru dealer. If corporate wanted alienate customers to run a good company into the ground, this would be the way to do it.
Add my 2018 Crosstrek. Same issue; brand new battery, back in late-February; battery flat within a week.
I have a Subaru Ascent 2019 and my battery has been changed 4 times already. I have recently contacted Subaru America about my issue. They got back to me saying that diagnostics does not show any parasitic pull from the engine and they think that the problem is the battery… I have changed my battery 4x in 2 years!!! Please let me know how I can get involved in this class action lawsuit. Thank you!
I bought a 2020 Subaru Outback late april of 2020. I bought it brand new with 25 miles on it. Between 25 miles and up to the 5K miles I’ve had to jump my car battery 5 times. I paid almost 35 k for this car up front. I was so dissappointed and upset.
The Subaru Dealership would not give me my money back or a different car.
I was sold a defective car.
After dealing with the death of my husband I was so exhausted. I had a faulty car I could not depend on. And decided to just sell it back to the Subaru Dealership for only $23K because that was all they would give me.
I basically lost 10K on this 2020 Car. Only had it for less than one year and only drove it to 5k miles. I wish I was able to join that class action lawsuit. But it seems like it had passed.
I have a 2017 Outback. Replaced the factory battery after it lost its charge a few times. Put in a Optima red top thinking this would solve the problem. About once a month I have to trickle charge the battery to get it to where it needs to be. Something is draining the battery when it is off.
I just dumped my lemon due to unreliability. We spent a year troubleshooting various batteries, removed an external tow break for my rv, and removed a third party alarm/remote to see if one something was draining my battery. The issue persisted. The dealer said it was my responsibility to leave a trickle charge on my car or drive it 1/2 hr one way weekly. I’ve been a loyal Subaru Outback owner (this is my third) for 20 years. Very sad.
We bought a 2021 Subaru Ascent in August 2020 and February 19, 2021 got out from Costco with groceries and the back hatch would not open. I got in the car and it was dead. The dash showed red battery. Called Subaru roadside and they came out and jump started our car. We had to take groceries home leave car running and then take it to the dealership. They put in new battery. WHY! This is crazy barely 6 months since we bought this Subaru. Oh course they said it had not been driven enough which is ridiculous!
We had a 2018 Subaru Forrester and had the same issue when car would not start at a gas station. This time I was able to get it started but also had to drive to dealer to get a new battery. They said it was a bad battery.
Subaru you need to get this problem fixed! This will be my last Subaru!