Subaru class action over Starlink infotainment defect escapes dismissal

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Update: 

• A federal judge in New Jersey declined to dismiss a class action lawsuit accusing Subaru of manufacturing and selling certain vehicles containing defective Starlink infotainment systems. 
• U.S. District Judge Robert B. Kugler determined the court did not have enough facts to dismiss the common law claims of fraud, breach of warranty, unjust enrichment and fraudulent concealment. 
• The judge also allowed all but one state consumer protection claim to move forward, ruling the class action adequately alleged the Starlink information systems did not work as advertised. 
• Subaru, in its attempt to dismiss the claims, argued some of the claims were untimely and that any warranty would have been made solely by Subaru of America. 
• The judge ruled it was too early in the case to distinguish the liability or severability between Subaru of America and Subaru Corp.

Subaru Starlink class action lawsuit overview: 

• Who: Marco Cilluffo, Jeffrey Quarles, Pamela Doze and Carl Jean-Louis filed a class action lawsuit against Subaru of America Inc. and Subaru Corp. 
• Why: The plaintiffs claim Subaru manufactured and sold certain vehicles equipped with allegedly defective Starlink infotainment systems that create a safety risk. 
• Where: The class action lawsuit was filed in New Jersey federal court. 
• What are my options: Advance Auto Parts carries many options when it comes to entertainment systems.

(April 14, 2023)

Subaru of America manufactured and sold certain vehicles equipped with Starlink infotainment systems containing a defect that has rendered them partially or wholly inoperable, a new class action lawsuit alleges. 

Plaintiffs Marco Cillufo, Jeffrey Quarles, Pamela Doze and Carl Jean-Louis claim the Starlink systems contain a defect that causes them to “freeze, become non-responsive, experience ‘ghost touch’ or phantom input, shut off, reboot, work intermittently or not at all.” 

The plaintiffs argue further that Subaru falsely promises the Starlink systems will provide drivers with “seamless navigation,” “extra safety” and “everyday convenience.” 

“Instead, Subaru sells and leases Class Vehicles equipped with defective Starlink systems that fail intermittently or altogether, causing serious inconvenience and safety concerns for lessees and owners, their passengers, and other drivers on the road,” the class action states. 

The plaintiffs want to represent a nationwide class and Arizona, New York, New Hampshire and Washington classes of consumers who have purchased or leased a Subaru vehicle equipped with a Starlink infotainment system. 

Certain Outback, Legacy, Forester, WRX vehicles have defective Starlink systems, class action says 

Subaru vehicles equipped with the allegedly defective Starlink infotainment system include model year 2019-2023 Subaru Outback, Legacy, Forester and WRX vehicles, according to the Subaru class action. 

The plaintiffs claim the allegedly defective Starlink systems present a safety risk for drivers of the class vehicles by disabling safety features and presenting drivers with “distracting and frustrating” effects. 

Further, the plaintiffs argue Subaru must be aware of the alleged defect based on “related service bulletins” and since it conducted pre-release vehicle testing and the alleged defect “manifests so quickly.” 

The plaintiffs claim Subaru is guilty of unjust enrichment, common law fraud and fraudulent concealment, and of violating the New Hampshire Consumer Protection Act and New York General Business Law, among other things. 

Plaintiffs are demanding a jury trial and requesting injunctive relief along with an award of punitive damages for themselves and all class members. 

Subaru initiated a recall in December for certain of its model year 2019-2022 Subaru Ascent vehicles over concerns an issue with the fastening of their Positive Temperature Coefficient ground terminals could pose a fire risk. 

Have you purchased or leased a Subaru vehicle equipped with a Starlink infotainment system you believe is defective? Let us know in the comments. 

The plaintiffs are represented by Andrew W. Ferich, Robert R. Ahdoot and Bradley K. King of Ahdoot & Wolfson PC. 

The Subaru Starlink class action lawsuit is Cillufo, et al. v. Subaru of America, Inc., et al., Case No. 1:23-cv-01897, in the U.S. District Court for the District of New Jersey.

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