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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
I have replaced the battery in my 2008 Acura TL three times in the past six years because I thought it was a battery issue. Then when my battery failed again just a few weeks after getting a new battery, I had it tested and found the draw to be 1.3 amps. After paying for a parasitic battery draw diagnostic, I was told it was the handsfree link. I had the mechanic disconnect it because it is not worth paying $800-$1,000 to get a new handsfree link device. SO FRUSTRATING that Honda/Acura did not make consumers aware of this issue – it would have saved me time, money and frustration of having to repeatedly jump my car battery.
I have a 2008 MDX that has this problem… how do I get involved ?
Dito. Numerous batteries replaced. It’s a shame Honda never recalled it.
How do I get added to this lawsuit? I have a MDX 2007, and over the years I have replaced many dead batteries, and the HFL unit at least once. The replaced HFL unit is now dead again. Please advise. Thank you.
I am experiencing this issue with 2015 Acura MDX.
I am also having this problem with my 2015 Acura TL
I also have a 2008 Acura MDX. I’ve gone through a few hands free modules, batteries, alternators.
My wife and I purchased a 2008 Acura TL in 2010. We did not know that there was even such a thing as a parasitic battery drain until about 4 years ago, let alone there being a class action law suit. I just discovered the class action suit today, October 21, 2020!! I probably have no chance of receiving any compensation. Just two or three days ago, my wife and I were talking about buying another car. I listed Honda and Toyota. However, after reading this, I have changed my mind. With Honda knowingly, for over such a long period of time, not try to resolve the issue, any Honda vehicle is off our purchasing list.
We to have a 2005 TL and replaced have our battery multiple times. Just recently the hfl system quit. How do we become a member of this class action suit?
I had a 2006 TSX and went through batteries so many times I lost count. I always took the car to the Acura dealership for service and I was always told it was a ‘bad cell’ and therefore a ‘bad battery’ for which it just happens sometime. I argued that I couldn’t possibly have continuously gotten a ‘bad battery’ every time and that something was pulling on the battery when the car was off. Acura was unable to recreate any problem and sent me along my way each time. However the car continued to have battery problems. It nearly caused a serious accident after returning from a week long trip. Upon return to the airport, I had to get a jump start because the battery was dead. Upon trying to drive home after the jump, the car failed while driving. The headlights went off, the car would slow in speed. I was on a busy freeway with my child in the car. I have never been so afraid. This resulted in the replacement of the alternator. Finally after taking the car to a mechanic instead of Acura in 2015 or 2016, he discovered there is a default with the hands free link. He mentioned that Acura should have known about it and should have done a recall. We disconnected the HFL and I didn’t have problems after that but I also sold the car shortly after so it is unknown if the problem continued.
I want to be added to this lawsuit. I bought the car and Santa Rosa, CA. Had 10 years of battery trouble resulting in my time and money lost. All service was done at Acura for approx 8-9 years. Acura also told me my brakes were fine when I expressed concern at a visit and a month later they were scraping the rotors. I had to have new rotors put on the vehicle. That was when I stopped going to Acura for my service. Acura Service was completed in several different locations (Santa Rosa CA, Miami FL, and Saint Louis MO) as I was active duty military. All service departments reacted the same – it was a bad battery each time. This is a systemic failure for which Honda should be held liable.
I have a 2007 RDX and I have replaced 2 batteries and the alternator. I took out the HFL and the batter keeps dying! I’m sick of this!
I have a 2008 TL. I went threw three batteries before I found out it was the HFL I disconnected it and no more battery problems
I have a 2008 TL S and the defective HFL ate two batteries before I disconnected it just last week.