Anne Bucher  |  March 28, 2018

Category: Consumer News

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AcuraA 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

  1. Barbara Ferea says:

    I bought my 2007 Acura MDX about 4 years ago and have had battery issues as well. I’ve gone through 2 batteries and it had a brand new battery when I purchased it from a used car dealer. I live in the mountains so it’s no fun being stranded with no cell phone signal at night. Please include me in the class action suite.

  2. Toni Wong says:

    I have problems with acura tl 2008 with dead battery 12 days at a time since the longest time and today jumped it and dead after parked the car, July 24 22. I had to pay bluetooth to disconnect because of battery draining. My alternator died in December 2017 and everything else had to be replaced 5000.00 repairs. I hate my car not reliable and dead battery now replaced with 100 month warranty but still died today.

  3. Preston Hill says:

    How can I sign up for this lawsuit? I have replaced my battery 4 times. I have a 2012 Acura TL.

    1. Betsy says:

      if you live in California, Kansas, New York or Washington (the only states the case is proceeding in) at handsfreelitigation . com

    2. Robert Jordan says:

      2011 Acura MDX continually drains the battery. Replaced battery twice. Disconnected the HFL an the issue has gone away.

  4. Angela Lurvey says:

    I have a 2008 acura mdx. Gone through 8 batteries since 2015. They should help us. Batteries are not cheap. My alternator went bad too. Very sad so many suffered from this. Recently my car nav and radio codes kept popping on and off and my car wouldnt accelerate past 25mph. Took it in and no codes alarmed and no problem found. These 2008 acura are a nightmare. I wi der how many have died due to these crazy electrical issues.

  5. Robert milligan says:

    Same very occasional but infuriating issues with the battery in a 2012 TSX wagon. First that I’ve heard that this was potentially related to the handsfree link system. Otherwise, a great vehicle.

  6. Sandra L smith says:

    How do I sign up for the lawsuit? I have replaced my battery on my 2008 MDX.

  7. Charice Hendricks says:

    I have the same issue with my TL S Type that I bought brand new. I just do not understand why Honda did not issue a recall back in 97 when they discovered the robem.

  8. Tina Melton says:

    I have had Acura’s all my driving life from Legends to 3rd RDX…last ’07 with over 250K miles will be my last. Acura will not accept liability for an obvious Hands Free Issue which is unnacceptable as TAKATA airbag issue until enough people looose enough $ to affect their bottom line?

  9. Michelle Ashe says:

    I have a similar issue with my 2014 ILX. I have changed the battery four times. This last time, I was told there’s no warranty because the clock started when the battery was initially replaced. Did anyone else have the same issue?

  10. April says:

    I have had to replace my battery For my 2013 Acura RDX several times since I purchased. Now in the last two months I had to jumps start it three times. According to the dealer the alternator is fine and the parasitic draw test is good. I mentioned a problem with the HFL system and was told my car wouldn’t have this problem since it is a newer model. This is very frustrating and would like some answers.

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