Anne Bucher  |  October 13, 2017

Category: Consumer News

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subaru-logoOn Thursday, Subaru of America Inc. and Subaru Corporation were hit with a class action lawsuit alleging they failed to disclose that some of their vehicles were affected by a rotating assembly defect.

The vehicles affected by the alleged rotating assembly defect include model year 2013 and 2014 Subaru WRX and WRX STi vehicles.

According to the Subaru class action lawsuit, the rotating assemblies include defective connecting rod bearings, defective connecting rod side clearances, and/or insufficient channels of engine lubrication.

As the connecting rod bearings begin to fail, metal debris is allegedly circulated throughout the engine via contaminated engine oil, leading the affected vehicle to experience spun connecting rod bearings and catastrophic engine failure, which can result in dangerous stalling events while the vehicle is in operation.

Plaintiff Vincente Salcedo of California alleges that the Subaru rotating assembly defect existed at the time the vehicle was manufactured but typically manifested after the expiration of the limited warranty period.

“Despite notice and knowledge of the defect from the numerous complaints it has received, information from dealers, National Highway Traffic Safety Administration (‘NHTSA’) complaints, and its own internal records, including pre-sale durability testing and quality policies, Subaru has not recalled the Class Vehicles to repair the defect, offered its customers suitable repairs or replacements free of charge, or offered to reimburse its customers who have incurred out-of-pocket expenses to repair the defect,” the Subaru class action lawsuit says.

Salcedo alleges he purchased a 2013 Subaru Impreza WRX from a private party in August 2015. Nearly two years later, at approximately 68,759 miles, the vehicle’s engine allegedly made a “knocking” sound while Salcedo was driving on the highway and catastrophically failed.

According to the Subaru class action lawsuit, Salcedo had his vehicle towed to an authorized Subaru dealer for diagnosis and repair related to the engine failure. He was reportedly quoted more than $5,700 for the necessary repairs. The dealer contacted Subaru of America, which reportedly offered to cover $2,000 of the repairs as a goodwill gesture. Salcedo subsequently paid $3,711.15 in out-of-pocket costs for parts and labor.

Salcedo says he would not have purchased the Subaru Impreza vehicle, or he would have paid far less for it, if Subaru had publicly disclosed the engine defect prior to the time he purchased the vehicle.

The Subaru class action lawsuit asserts claims for violations of the New Jersey Consumer Fraud Act, breach of express warranty, breach of the implied warranty of merchantability, breach of the duty of good faith and fair dealing, violations of California’s Consumers Legal Remedies Act, violations of California’s Unfair Competition Law, violations of the Song-Beverly Consumer Warranty Act, and breach of written warranty under the Magnuson-Moss Warranty Act.

Salcedo has asked for an award of all actual, general, special, incidental, statutory, punitive and consequential damages to which he and the putative Class Members are entitled; pre- and post-judgment interest; injunctive and/or declaratory relief; attorneys’ fees and costs; and other relief the court deems appropriate.

Salcedo is represented by Richard D. McCune, David C. Wright, Joseph G. Sauder, Matthew D. Schelkopf and Joseph B. Kenney of McCune Wright Arevalo LLP and Bruce Greenberg of Lite Depalma Greenberg LLC.

The Subaru Rotating Assembly Defect Class Action Lawsuit is Vincente Salcedo v. Subaru of America Inc., et al., Case No. 1:17-cv-08173-JHR-AMD, in the U.S. District Court for the District of New Jersey.

UPDATE: On Aug. 22, 2018, Subaru drivers have asked a federal judge to approve a settlement deal that would end a class action lawsuit alleging that the company knowingly fitted many Subaru cars with defective parts that caused the cars’ engines to fail.

UPDATE 2: March 2019, the Subaru engine failure class action settlement is now open. Click here to file a claim. 

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15 thoughts onSubaru Class Action Says Defect May Cause Engine Failure

  1. Ferencz Mihaly says:

    I owned a 2019 Subaru Forrester sport 32,000 miles just last week I had to knock from nowhere in the engine I take it to Subaru dealership they told me it’s a engine the rod might be a problem, the oil head metallic parts in it and it. The car still at the dealership. I feel betrayed by the quality of Subaru now.

  2. Ferencz Mihaly says:

    I owned a 2019 Subaru Forrester sport 32,000 miles just last week I had to knock from nowhere in the engine I took get to the service and they told me it’s a engine the rod might be a problem, the oil head metallic parts in it and it. The car still at the dealership. I feel betrayed by the quality of Subaru now.

  3. Diego Contreras says:

    Hi I have a 2015 sti that’s had 2 engine failures since I bought it 3 years ago I purchased it back in ‘18 I was wondering if I’m qualified to file a claim

  4. Andre says:

    Subaru is trying to not honor this repair when I even have extended warranty and they maintained my car. How can I get this looked into??

  5. Jonathan says:

    I bought my 2013 Subaru WRX on October 7th 2019, and on November 22nd 2019 the motor started nocking and now I have no car and a $15000 loan. If I had known that this Would happen I would not have gotten the car at all. So it’s now December 30th and I’m going to have to pay up to $6000 if not more to get the motor fixed.

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