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A California federal judge has trimmed a class action lawsuit that alleges Acura vehicles are equipped with “HandsFreeLink” Bluetooth pairing devices with a defect that causes them to drain the car battery.
The HandsFreeLink devices allow drivers to use their cellphones to make calls without using their hands and was a feature that was heavily advertised in promotional materials for Acura vehicles. However, this convenient device allegedly fails to turn off when not in use and causes “parasitic” electrical drain.
U.S. District Judge Jon S. Tigar rejected American Honda Motor Co. Inc.’s bid to dismiss consumer protection and warranty claims from the Acura class action lawsuit. He found that the plaintiffs sufficiently argued that Honda fraudulently concealed the Acura HandsFreeLink defect.
Judge Tigar also found the plaintiffs sufficiently argued the alleged Acura defect was not detectable during diagnosis because the car battery failure was intermittent and mechanics had no reason to suspect the battery drainage was caused by the hands-free calling device.
The Acura hands-free calling device defect class action lawsuit was filed in August 2016 by a group of plaintiffs who claim Honda’s HandsFreeLink device that was installed in some Acura vehicles don’t switch off when not in use, resulting in car batteries being drained and some electronic parts failing prematurely.
The Acura class action lawsuit asserts federal and state consumer protection and warranty claims. On Monday, Judge Tigar agreed with Honda’s argument that some of these claims were filed too late under many state statutes that were listed in the complaint. However, he found that the claims of two California plaintiffs may proceed because they adequately alleged that Honda fraudulently concealed or delayed discovery of the Acura HandsFreeLink defect.
The judge found the Acura HandsFreeLink class action lawsuit sufficiently alleged that facts about the defect would not have been discovered by investigating the known battery defect.
Judge Tigar did dismiss the plaintiffs’ express warranty claims, pointing to circuit court holdings that express warranties that cover “materials or workmanship” do not cover design defects such as the alleged Acura HandsFreeLink defect at issue in the plaintiffs’ class action lawsuit.
The judge found that the Florida plaintiff did not purchase an Acura vehicle from a Honda dealership and dismissed the Florida implied warranty claims.
However, Judge Tigar found that Honda could be held liable for restitution even if it did not make any money off of the sale of used Acuras, and allowed the restitution claims to proceed. Further, he found that the plaintiffs’ equitable relief claims under unfair competition laws could move forward because they are not prohibited from seeking alternative remedies at this state in the litigation.
The plaintiffs are represented by James E. Cecchi of Carella Byrne Cecchi Olstein Brody & Agnello PC and Christopher A. Seeger, Stephen A. Weiss and Scott Alan George of Seeger Weiss LLP.
The Acura HandsFreeLink Battery Draining Defect Class Action Lawsuit is Aberin, et al. v. American Honda Motor Company Inc., Case No. 3:16-cv-04384, in the U.S. District Court for the Northern District of California.
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140 thoughts onAcura ‘HandsFreeLink’ Defect Class Action Lawsuit Gets Trimmed
Yep, 2005 TL and same issues. Went through 4 batteries before going to dealership and having to pay out of my pocket to fix it. Was not cheap at all. Nothing is with Acura, except the HFL system apparently. Now my seatbelt light is on and they are not covering it, even though they told me the problem is in the buckle. This Lifetime Warranty is a lie. Ready to start a new class action suit. I want in on this HFL one. How do we join.
Just watch a YouTube video and unplug the handslink device. I have a 2007 TL and I remove mine during March 2021 and my car never died again. It’s located right there where your sunroof is. Should be hot to touch…
There is a new class action about the Acura HFL battery drain issue – “Lindsay Aberin, et al., v. American Honda Motor Company, Inc.” It alleges that Honda failed to disclose a defect in its “HandsFreeLink” Bluetooth calling system, offered in Acura vehicles. From an Associated Press article dated March 24, 2021 “Lindsay Aberin, et al., v. American Honda Motor Company, Inc. seeks damages that calculate the accelerated depreciation of each vehicle over its economic lifespan—up to $2,100 per car, over $1.1 billion in total. The case is pending in the United States District Court for the Northern District of California.” More information on the law firm’s Seeger Weiss’ website.
I have a 2006 Acura TL . I have a history report on the car stating: Found Excessive Parasitic Draw after vehicle shut down due to the HFL draining battery.
I am on my second battery(within 12 months) and broke down a few days ago as I was at the store and it would not start and had it towed to my home. It does not start and battery that was replaced a few days ago cant even start the car!!!!
After research and finding the history report I would like to be included in this law suit.
It is not right for Acura to not recall this issue even though years later, knowing that this is an issue and Acura not responsible or even wanting to replace!
I will be detaching the map light compartment later today to see if the HFL is connected.
Wish me luck!
2010 RDX. Been through numerous batteries, all installed through the dealership. Never once did they mention the HFL as a potential problem. Battery dead again today.
Please add me to the list as I have paid $1,000 to fix the hands free.
Is the module works for you?Is your phone always connected to the car?
What became of the suit
I thought I signed up as a plaintiff/claimant in this suite but have not heard any update for months. Can you tell me if I am included in this suite? I have a 2008 Acura MDX that had several batteries replaced and took the hands free element out of my vehicle.
Having the same problem now, 3 batteries and loads of embarrassment later. I will simply disconnect it, haven’t used it in awhile anyway.
I bought a 2006 Acura TL for my daughter quite a few years ago and after a while she was having battery trouble. We replace the battery several times until we found out about the Hands Free Link problem. I’ve had it replaced twice so far and now have had it say “Hands Free Link Booting” once again, found out after her car would not start again. I’ve disconnected it, charge it and it runs fine now, but I don’t want her driving around using her cell phone, which we all know young kids do constantly. I bought the car because of the Bluetooth feature, and am wondering if anyone has had any luck getting it replaced by Acura/Honda? If not can we join the class action lawsuit?
I also have a 2008 Acura MDX which I had no problems until the HFL wouldn’t update any longer as of 2018. Since then I have replaced the battery three times. This last time they disconnected the HFL so that it won’t drain the battery. So far so good but that was at least $1000 ago. I was told for about $6-700 I could replace the HFL but how long would that last? I tend to keep cars for a very long time and just keep up maintenance. I’m really thinking of going with another brand like Toyota or something because my wonderful MDX that I love costs almost as much or more than if I bought a new one.
2005 Acura TL purchased in 2007. Multiple battery replacements due to draining along with the cracked dash issues. Replaced the dash too and the replacement cracked so er then the original. But back to the battery, dropped off the TL about two weeks ago because it died on my wife while driving. Had the alternator and battery swapped, died a few days later. Towed back to the shop and the mechanic tested it for ten days and found it to be the bluetooth. He unplugged it and let it sit with a fully charged battery. After a few days no change in the battery voltage, vehicle started right up.