The plaintiff, Muhammad A., purchased a 2019 Subaru Ascent from a Santa Monica, Calif. Subaru dealership in January 2019. Muhammad alleges that “a dangerous defect in the low-pressure fuel pump” is prone to failure and can cause “Subaru’s most popular models – including the Ascent, Impreza, Legacy, and Outback – to unexpectedly stall and cause engine shut down presenting an immediate and unreasonable risk of physical injury or death.”
Muhammad’s lawsuit states that the fuel injection system in his Subaru Ascent, along with several other popular Subaru models, uses a defective Denso low-pressure fuel pump.
On April 16, 2020, Subaru, in cooperation with the National Highway Traffic Safety Administration (NHTSA), issued a voluntary safety recallstemming from the bad fuel pump, according to ABC News. The recall affected more than 188,000 Subaru vehicles in the U.S.
The following 2019 Subaru models are included in the bad fuel pump recall:
Ascent
Impreza
Legacy
Outback
Muhammad’s lawsuit claims that based on complaints made to the NHTSA and an investigation into the issue, the bad fuel pump defect has been present in more than just the 2019 model year vehicles affected by the recall. The suit claims that the defect may have been present in Subaru vehicles since at least 2013.
Muhammad’s class action lawsuitaccuses Subaru of violating the Magnuson-Moss Warranty Act, fraudulent concealment, breach of contract, breach of implied warranty, and more. The lawsuit was filed on July 17, 2020, in U.S. District Court in New Jersey. Class members include anyone in the U.S. who owned and/or leased a Subaru vehicle with the Denso low-pressure fuel pump, including the part number prefix 42022-.
The lawsuit also includes an alternative California subclass for California Subaru owners or lessees with the same Denso low-pressure fuel pump.
The complaint states that affected Subaru owners/lessees suffered financial harm by paying too much for defective vehicles. Class members’ Subarus “are diminished in value as a result of Subaru’s concealment of the true safety and quality of the Class Vehicles,” the complaint states. “Had Plaintiff and Class members been aware of the Fuel Pump Defect, and Subaru’s disregard for the truth, Plaintiff and Class members would have paid less for their Class Vehicles or would not have purchased the Class Vehicles. As a direct result of Subaru’s concealment of the defect, Plaintiff and the Class also incurred out of pocket damages related to the defect.”
What to Do If Your Vehicle is Defective
If you believe your vehicle may be defective, you can check with your vehicle’s manufacturer to determine if a recall for your vehicle has been issued. If there has not been a recall, it’s important to report the issue to protect yourself and your family, as well as other consumers.
You can report vehicle safety defects to the NHTSA on the agency’s website. Over 50 years, the NHTSA has recalled more than 390 million vehicles due to safety defects.
If you have owned or leased a vehicle affected by a safety defect like the Subaru bad fuel pump, you may be able to file a lawsuit and pursue compensation. This class action lawsuit investigation is looking for those who have been affected in one or more of the following ways:
Your vehicle has a safety defect, but it has not yet been recalled
You or someone you love has suffered an injury in a vehicle with a safety defect (regardless of whether or not it has been recalled)
Your vehicle has a safety defect, but the warranty period is over
Your vehicle has a safety defect not covered by the warranty, but it should be
Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.
The Vehicle Safety Defect Lawsuit is Case No. 1:20-cv-09082, in the U.S. District Court for the District of New Jersey.
Join a Free Vehicle Safety Class Action Lawsuit Investigation
If you own a vehicle that you believe has a safety defect and you are outside of the warranty period or you believe the defect should be covered by the warranty and it’s not, or you or a family member have been injured by a safety related defect, you may qualify to join this vehicle safety defect class action lawsuit investigation.
Please note: Top Class Actions is not a settlement
administrator or law firm. Top Class Actions is a legal news source
that reports on class action lawsuits, class action settlements,
drug injury lawsuits and product liability lawsuits. Top Class
Actions does not process claims and we cannot advise you on the
status of any class action settlement claim. You must contact the
settlement administrator or your attorney for any updates regarding
your claim status, claim form or questions about when payments are
expected to be mailed out.
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