Honda Class Action Alleges Transmission Defect

A group of drivers have filed a class action lawsuit against Honda, saying that 2016-2019 Acura MDX and 2019-2020 Acura RDX vehicles possess a transmission defect.

This defect allegedly causes cars to stall, downshift, decelerate, or shutdown while driving, which poses a safety risk to drivers and others.

The Honda Acura transmission defect class action lawsuit was filed by Daniel Abel, Ewelina Ciula, Marguerite Floyd, Debra Hartzell, and Tasha Williams. These drivers state that they purchased Acura RDX and Acura MDX vehicles believing them to be free of defects. However, after purchasing the vehicles, the drivers say they discovered their vehicles possessed the transmission defect.

The Acura transmission defect class action lawsuit asserts that the defect is caused by a miscommunication between the software and computers that control the vehicles’ transmission, engine and throttle.

Describing how the defect manifests, the drivers say the problem often occurs when the vehicle is driven at highway speeds, when the driver changes lanes or when they pass another vehicle. The plaintiffs point out that these moments require acceleration.

However, when a driver attempts to accelerate, the defect allegedly can cause the vehicle to decelerate rapidly, cause the engine to stall or the gas pedal may hesitate when pushed down. Additionally, the vehicle could also shut down or shift into neutral while the vehicle is being driven.

The Honda Acura transmission class action lawsuit goes on to explain that this defect poses a danger to drivers, passengers and others. The consumers explain that drivers rely on their vehicle’s ability to accelerate when needed and maintain a consistent speed when needed. Often, acceleration gives a driver the ability to move away from other vehicles.

However, the defect allegedly prevents drivers from being able to drive their vehicles reliably, and can increase the risk of a crash. If a car is unable to drive away from other vehicles, or if it suddenly stops or stalls while being driven, then a crash could occur. As a result, the lives of drivers, passengers and others are put at risk.

The Honda Acura transmission problem class action lawsuit goes on to say the defect financially injures drivers. Allegedly, the drivers would not have purchased the vehicles or would not have paid as much for them if they had known that the vehicles were defective.

Despite the financial injury to consumers and the risk of physical injury, the company has not taken adequate steps to repair or address the problem, say the drivers. Allegedly, the company is aware of the defect, but misrepresents the vehicles as safe. 

According to the drivers, the company received unjust enrichment from the sale of these vehicles, and violated state and federal consumer protection laws. Additionally, the drivers say that the company violated both express and implied warranties by misrepresenting the vehicles.

Based on these defects, the drivers seek damages on behalf of themselves and all other similarly affected consumers, and they seek a disgorgement of profits that they say were unjustly gained. They also seek declarative and injunctive relief, requesting that the court require the company to stop misrepresenting the vehicles.

They seek to establish a nationwide Class of consumers who purchased the vehicles, as well as several subclasses of consumers who purchased the vehicles in states including Wisconsin, Maryland, Colorado, and California. 

To support their claim that Honda was aware of the defect but did not provide consumers with sufficient remedy, the drivers note that within months of the first sales of the 2016 Acura MDX vehicles, Honda began receiving consumer complaints regarding the defect.

Allegedly, these reports were sent to the company and the National Highway Traffic Safety Administration. 

Despite Honda’s knowledge of the defect since 2015, the drivers claim Honda has not issued a complete recall. Honda issued some repairs, but these allegedly did not fully address the problem. The first repair offered was a software update, which did not fix the defect. After that initial repair, the company reportedly ignored the problem.

Have you ever had transmission problems with your vehicle? Share your experiences in the comments section below.

The drivers are represented by Roman M. Silberfeld, Jennifer W. Leland, Glenn A. Danas, Michael F. Ram, and Marie N. Appel of Robins Kaplan LLP; and by Samuel J. Strauss of Turke & Strauss LLP.

The Honda Acura Transmission Defect Class Action Lawsuit is Daniel Abel, et al. v. American Honda Motor Company Inc., et al., Case No. 2:20-cv-04949, in the U.S. District Court for the Central District of California.

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