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Update:
- Mitsubishi says there is no basis for reviving a faulty hood class action claim, according to a motion in a Massachusetts federal court.
- On March 23, Mitsubishi stated Plaintiff Jesse Rezendes’ request for reconsideration of the case is a misuse of the court because Rezendes “simply disagrees” with a judge’s decision.
- In February, U.S. District Judge Angel Kelley tossed half of Rezendes’ claims of breach of implied warranty and concealment under the state’s Consumer Protection Law because Rezendes failed to show personal injury or property damage.
- In the motion, Mitsubishi argues the 1st Circuit cautioned using motions for reconsideration to present arguments that could and should have first gone to the district court before judgment.
- Mitsubishi also says Massachusetts courts dismiss claims that identify only economic damages.
Mitsubishi Outlander hood defect class action lawsuit overview:
- Who: Jesse Rezendes filed a class action lawsuit against Mitsubishi Motors North America Inc.
- Why: Rezendes claims Mitsubishi knowingly sold 2022 Mitsubishi Outlander vehicles containing defective hoods that flutter and bounce while the car is driving.
- Where: The class action lawsuit was filed in Massachusetts federal court.
(Feb. 11, 2022)
Mitsubishi Motors North America knowingly sold 2022 Mitsubishi Outlander vehicles with defective hoods that flutter and bounce while the car is driving, a new class action lawsuit alleges.
Plaintiff Jesse Rezendes claims Mitsubishi became aware of the manufacturing defect “almost immediately” after it began selling the 2022 Mitsubishi Outlanders yet failed to notify vehicle owners.
Rezendes says he purchased a 2022 Outlander in June of last year that he was assured by a dealership was free of defects, safe and reliable.
Within weeks of purchasing the vehicle, however, Rezendes claims the vehicles’ hood began to flutter and bounce whenever he drove it at freeway speeds or in windy conditions.
“The Defect caused Mr. Rezendes to feel unsafe and concerned whether the hood would become unlatched and fly open when driving and was a distraction whenever he drove his car at highway speeds or in windy conditions,” the class action lawsuit states.
Mitsubishi dealership unable to properly fix hood defect
Rezendes claims he brought the issue to the attention of the dealership but was told there was “no repair available” and no repair was attempted.
The dealership later attempted to fix the defect after Rezendes took the vehicle in for a second time, but it was unable to properly do so, causing it to still suffer from the issue today, according to the class action lawsuit.
Beyond being unable to fix the alleged defect, Rezendes claims Mitsubishi knew about the issue immediately after it began selling the vehicles due to numerous customer complaints, a high number of warranty repair claims submitted by dealers and pre-production testing and analysis, among other things.
Further, Rezendes claims the company sent a technical bulletin to dealerships about the issue while failing to disclose it to vehicle owners.
“By March 2021 Mitsubishi began issuing bulletins to its dealerships acknowledging that the Class Vehicles suffer from the Hood Defect and proposing (inadequate) repair attempts,” the lawsuit states.
Rezendes claims the automaker is guilty of fraudulent concealment and unjust enrichment and in violation of the Magnuson-Moss Warranty Act and Massachusetts Chapter 93A, M.G.L. 93A § 2.
Rezendes wants to represent a nationwide class and Massachusetts subclass of current and former owners or lessees of defective 2022 Mitsubishi Outlander vehicles that were marketed, sold, serviced, distributed and warranted by Mitsubishi.
Plaintiff is demanding a jury trial and requesting equitable relief along with actual, incidental, consequential, punitive and treble damages for himself and all class members.
A separate class action lawsuit was filed against Mitsubishi in December over claims that some of its vehicles contain defective continuously variable transmissions.
Have you purchased or leased a 2022 Mitsubishi Outlander? Let us know in the comments!
The plaintiff is represented by Sergei Lemberg of Lemberg Law LLC.
The Mitsubishi Outlander hood defect class action lawsuit is Rezendes, et al. v. Mitsubishi Motors North America Inc., Case No. 1:22-cv-10211, in the U.S. District Court for the District of Massachusetts.
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83 thoughts onMitsubishi fights attempts to revive Outlander warranty class action
I purchased a brand new 2022 SEL Launch Edition Mitsubishi from a local Mitsubishi dealership. Not long after purchasing I left for vacation and while on the highway I noticed my hood vibrating as if the hood were not latched and or closed. I felt very unsafe driving this car. I pulled over at a gas station and made sure the hood was closed and latched. At that time I called the dealership where I purchased to advise of the problem. The service advisor advised me they have had a few complaints but recommended me call Mitsubishi Motors. I called and they advised me they were aware of the issue but no fix.and I’d be notified when a remedy was available. Months went by and I was advised they would replace the hood. They put a new hood on but the paint did not match the Gray and the color had a black tint not to mention there was dirt/etc… in the paint. I called Mitsubishi and the dealership both regarding this and after a long fight they agreed to replace the hoodnwhichnwould make a total of 3 hoods 1 original and 2 replacements. They drove my car without my knowledge to a dealership about 30 minutes away to have the work performed. When I dripped my car off it had a full tank of gas and I took a picture of the fuel and mileage. When the car was returned to me I noticed they put 160 miles on my car driving it around and left mebunder a quarter of a tank of gas. Also an employee now ex employee chose to program his I phone in to my Bluetooth and change all of my car settings. The dealership was approximately 60 miles round-trip. Where did the other 90 miles or so come from ? Where did they drive my car ??? WITHOUT my permission !!! I called the dealership and complained the employee that programmed his I phone was terminates. When I received my car back the paint job was bad and either paint or another liquid come down off of the hood or when they painted and damaged the front side quarter panel which is still there to this day. The service manager laughed at my face in front of the Mitsubishi rep I met and thought that I was going thru was funny. I have at least 6 recalls or more and am extremely disappointed to say the least. I am still having issues that have been going on for several months that they can’t fix and.according to the dealership Mitsubishi is working on a fix – this has been going on for 2 – 3 years where the idle drops so low it feels my carnis going to stall. I’m being told this is computer related but no fix. Also, my driver side mirror doesn’t always extend out when I start my car. I’ve been to dealership multiple times for both and am told either a computer or software issue which they have no fix. I’m extremely disappointed with everyrhing ove had to endure to say the leats and would like help.
I bought a 2022 mitsubishi outlander has the same issue did reach out and filed a complaint no response back. They are aware of the problem they basically stole customers money and could care less.
Also started experiencing electrical issue car won’t start the dealership told me car sits to much told how can that be I work for a living on road daily. Also entire glfuel pump had to be recalled do to recall. Costing me money for ubers.
I am leasing a 2022 and my hood also flutters
Yes I purchased a 2022 Outlander, and I have complained about this exact issue and I have a few other electrical issues with this vehicle since I purchased it in October 2021. Mitsubishi service department is given me the run around, I live in Ohio.
I bought my 2022 outlander in August 2022. The hood shakes and flutters violently. I’m driving an hour away today to have another dealership look at the car because I’m having air intake/engine issues. I’ve asked repeatedly if it’s because of hood and the amount of air that gets in, but my concerns and fears are falling on deaf ears!!!