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Mazda Motor of America Inc. has been hit with a class action lawsuit alleging the company offered software that provided live traffic alerts in some of its 2016 model year vehicles, but purchasers and lessees of the vehicles were unable to access the traffic alert software despite Mazda’s representations.
According to the Mazda class action lawsuit, the traffic alert software was advertised as a factory-installed navigation software that provided real-time traffic alerts and identified alternative routes in case of heavy traffic or road closures.
Plaintiff Edward Lewand asserts that the availability of the traffic alert software was a material factor in consumers’ decision to purchase or lease Mazda vehicles.
“Contrary to Defendant’s representation, as of early 2016, purchasers and lessees of the Vehicles were unable to access the Traffic Software,” the Mazda class action lawsuit states.
Lewand claims that Mazda failed to inform consumers about the lack of functionality of the traffic alert software. According to the Mazda class action lawsuit, the vehicles did not perform as advertised, promised and warranted because of the traffic alert software’s lack of functionality. Lewand says the vehicles are worth less than what Mazda represented and what the buyers’ and lessees paid for the vehicles.
Lewand, a Georgia resident, says he purchased a 2016 Mazda CX-R with the Grand Touring Package in November 2015. He claims he was willing to pay an additional $1,505 for the Grand Touring Package because it included the traffic alert software. According to the Mazda class action lawsuit, the traffic alert software installed in Lewand’s vehicle functioned properly for several months.
One day, however, when Lewand attempted to turn on the live traffic feature, he says he noticed that the “traffic” button on the touchscreen was no longer functional. He was reportedly later informed by Mazda that the traffic alert software feature had been disabled, and the motor company subsequently began advertising the Grand Touring Package with portable Garmin navigation devices instead of the factory-installed traffic alert software.
By filing the Mazda traffic alerts class action lawsuit, Lewand seeks to represent a nationwide Class and a Georgia subclass of consumers “who purchased and/or leased a 2016 model year Mazda vehicle advertised to include factory-installed navigation software with real-time traffic alerts.”
The Mazda class action lawsuit asserts violations of the California Consumers Legal Remedies Act, the Magnuson-Moss Warranty Act, breach of express warranty and breach of contract.
Lewand has asked the court to order Mazda to disseminate corrective advertising to inform consumers about the misrepresentations about the functionality of the traffic alert software in the vehicles. He also seeks compensatory, consequential, incidental and statutory damages; restitution and disgorgement; attorneys’ fees and costs; pre- and post-judgment interest; and other relief deemed proper by the court.
Lewand is represented by Tina Wolfson and Bradley K. King of Ahdoot & Wolfson PC.
The Mazda Traffic Alerts Class Action Lawsuit is Edward Lewand v. Mazda Motor of America Inc., Case No. 8:17-cv-00620, in the U.S. District Court for the Central District of California, Southern Division.
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8 thoughts onMazda Class Action Lawsuit Says Traffic Alert Software Stopped Working
My screen went out in my 2016 Mazda 3. Can I join the lawsuit?
Is this class action suit limited to 2016 model vehicles? My 2014 Mazda3 has the same issue. The system worked for a while but then stopped. Subsequent software upgrades removed the feature – which was visible but greyed out – from the menu altogether.
I purchased a Mazda CX5 2016.5 and was promised that feature during purchase phase. How do I join the class action?
On December 26, 2017.. I purchased a Mazda CX5 2016.5 Grand Touring (upgrading from a 2013) for the sole reason of the Navigation. I have had multiple head injuries in the past which was my drive for the live traffic and rerouting feature. I had sat in the lot with the Sales Person while I was adjusting the settings for the rerouting and asking what the two antennae were for. Never was I told the service was not active. They new this feature was making or breaking the sale. And apparently in PA, once you sign the paper work, there is no turning back after X number of days. Well after a few trips and getting stuck in heavy traffic numerous times getting aggravated and road ragged (which I was trying to prevent), The new dealer I started to use (because the original I used did a lot more to upset me during and after the sale) told me able this nav issue. I called MAZDA today and they filled me in and only offered me a $75 dealer credit and explanation about the expected service that turned out to no longer be there.
I said, then why are the screens there giving me the expectation that something is happening instead of doing an update to remove them. And he mentioned about the manuals not saying anything about the service. I finally read my manual today. It DOES talk about the service. BUT….. I selected the vehicle and took the deal and signed all the paperwork before I ever saw that book. The sales person handed me that portfolio of stuff after the finance manager had me seal the deal (a deal I could back away from), they had my old vehicle and keys, they finished cleaning the CX5, and the vehicle was being handed over to me.
There was no reason anyway to look in the manual anyway at the time with the sales person there and me not having questions about the use of the nav. I work for Apple Inc as a supervisor. I know technology.
And On the iPhone, Apple Maps has the feature built in that reroutes if necessary if a quicker route is available. I thought that was common place for all navigations that showed traffic like the CX5 was showing and especially since the CX5 had a screen with selectable options for rerouting.
fromcarmel@gmail.com 415-572-8072
I have a 2016 Grand Touring with this package and flaw. How do I sign up?
How do I sign up for this class action suit?
I purchased a Scion IA 2016 Sedan and also paid $400.00 for the Traffic Alert System included with the Navigational program. Please include me with further details on this claim. Mazda and Toyota had partnered in the production of the Scion IA 2016 Sedan brand. Now the brand, Scion was changed to Toyota Yaris IA 2017 model.
I have a 2016 Mazda3 sport with no working traffic alerts. Can I join this suit?
shirleyewilson@yahoo.com