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On June 2, a U.S. federal judge trimmed a proposed putative engine defect class action lawsuit against Mazda Motor of America Inc., tossing plaintiffs’ claims of state consumer protection law violations and breach of implied warranties, though the court will allow breach of express warranty claims to proceed in this suit. The Mazda engine defect class action lawsuit alleges the automaker purposefully concealed a known engine valve defect in certain Mazda vehicles from consumers.
According to court reports, U.S. District Judge Freda L. Wolfson granted a majority of Mazda’s action to dismiss the engine defect class action lawsuit, which included five consumer fraud and warranty claims against Mazda stemming from the automaker’s announcement that some Mazda vehicles contained engines featuring faulty continuous variable valve timing assembles. This engine valve defect allegedly leads to partial or total engine failure.
Based on Judge Wolfson’s decision, three of the claims from the Mazda class action lawsuit were totally dismissed, while claims of Magnuson-Moss Warranty Act and breach of express warranties were only partially dismissed.
According to the judge’s June 2 order:
“Count 1, violation of the NJCFA, and Count 5, fraudulent concealment, are dismissed in their entirety without prejudice; Count 4, breach of implied warranty is dismissed in its entirety. In addition, Count 2, violation of the Magnuson-Moss Warranty Act, and Count 3, breach of express warranty, are dismissed except with respect to Plaintiff’s claims resulting from the extended warranty on the VVT assembly.”
This Mazda engine defect class action lawsuit was originally filed in August of last year by lead plaintiff James Stevenson, who alleges he bought a 2008 Mazda CX-7 from a New Jersey car dealership back in 2009. According to his class action lawsuit, he claims that at the time he bought his vehicle the Mazda representative concealed facts about the engine valve defect. Stevenson further alleges that although the engine defect is covered under the Mazda vehicle warranty, Mazda allegedly refused to repair the faulty continuous valve timing assemblies that eventually causes the engine’s timing chain to loosen and/or detach.
In response to these allegations, Mazda filed a motion to dismiss Stevenson’s engine defect class action lawsuit in November of last year, claiming that the automaker was not aware of the engine valve defect at the time the plaintiff bought his vehicle and that Stevenson has not provided evidence to the contrary. The automaker further states that five consumer reports concerning the alleged engine defect filed with the National Highway Transportation Safety Administration does not constitute solid proof that Mazda was aware of the defect.
In their motion to dismiss the Mazda engine defect class action lawsuit, the defendant argued that all of Stevenson’s warranty claims should be dismissed, as the plaintiff’s vehicle issues first occurred 3,500 miles after the Mazda warranty mileage limit. This fact, Mazda claims, refutes the plaintiff’s argument that when his car exhibited the engine-valve failure in November 2013 that the automaker owed Stevenson coverage due to the warranty agreement.
In response to Mazda’s motion to dismiss the engine defect class action lawsuit, Judge Wolfson agreed with the car maker’s arguments and tossed all claims, save for those based on the extended warranty of the Mazda engine valve’s timing assembly.
Stevenson is represented by Mitchell Breit of Simmons Hanly Conroy LLC, T. Christopher Tuck of Richardson Patrick Westbrook & Brickman LLC, and Terry W. West and Bradley C. West of The West Law Firm.
The Mazda Engine Defect Class Action Lawsuit is Stevenson v. Mazda Motor of America Inc., Case No. 3:14-cv-05250, in the U.S. District Court for the District of New Jersey.
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25 thoughts onMazda Engine Defect Class Action Survives Partial Dismissal
I also have a 2008 CX7 that had the timing chain fail at 64,000 miles. Had to have a rebuilt engine replaced. Cannot afford another car right now so I am hoping and praying that this one will last longer. I also have had problems with the egr valve sticking. Mazda said it would be $900 to replace it because they will not just unstick it. I took it to my mechanic who did get it unstuck and it has stayed that way for 8 months now. Mazda is a rip off.
I have the same problem. 2007 Mazda cx7 purchased in 2007. Nothing but problems. Never passed an emission text until last week after numbers mechanics and it is still making a knocking noise. 78k miles. The car has been parked more than driven.
My 08 CX7 has had one motor around 50k and now at 80k miles needs another. Three major recalls, I wish I could file a class action lawsuit. Mazda want even take it as a trade in due the problems according to Huntsville AL Mazda. I have seen thousands of complaints and thats why the CX7 gas powered is no longer made.
HELP! I bought my Mazda 3 new in 2004. I don’t drive much and my engine was blown at 22,000 miles! it was after the warranty (year wise) so I had to pay $7500 for a rebuilt one. Now I have less than 32,000 total miles and my engine is making the same noise again! This engine has less than 10,000 miles on it! what a freaking money pit that I cannot afford. If anyone has some good advice, it would be appreciated.
Do you mind telling explaining what do you mean by the engine blown did you just have issues and found out that I have blown or did you have a fire
I’m wondering because I had a Mazda three that caught fire and I have never had any answers
I have a 2010 mazda 6 I touring. A bought this vehicle back in 20 11 in the state of VA. Days after buying the vehicle, i started hearing a rattling noise under the hood. I took it back to the dealership where I purchased the vehicle and they told me that the problem was fixed. Because of military duties my family moved to AZ the same month the repair was done. Few months after getting to AZ I started hearing the same noise. I called the closes dealer to me (which was 1.5 hr drive) and they asked me to take it in, which I did. They explain to me that the catalytic converter was the issue. They did a repair but the problem came back. I took the vehicle back to that dealership about two more times the same year. Eventually I moved to NC where I had to take the car in to the dealership for the same problem about 4 more times. Now, they are refusing to continue replacing the catalytic converter because the part has been replace about 5 times and it keeps going bad. I would like to know if anybody else is having the same problem because I am considering taking legal action against mazda. Any advice on what do i need to do next? . Thank you in advance
I have a 2007 cx7 and a month after buying the turbo went out..replaced that it lasted about 9 months costed 2500 so sad but now it started making a loud winding noise and then smoking horribly and shut down..so I’m guessing it’s probably turbo again and engine! What a shame that Mazda hasn’t owned up to this defect! NEVER EVER AGAIN WILL I EVER PURCHASE A MAZDA!!!!!
We purchased our 2007 cx7 up here in western mass, we were blindly sold the car with the vvt issue known, needless to say one month after owning it, we had to drop nearly 1500 to fix a new car. Then a horrid leaknow began. Another several hundred, and now engine knock. Only use 93 octane and the best synthetic oil I can find, and still all these issues….OUTRAGEOUS. mazda needs to own up to this. There is countless websites and groups for just this engine issue, that’s not good mazda. Will never again buy or recommend a mazda to anyone. This is corporate greed at best.
I have the same problem with my Mazda CX 7 2010, what a money pit , never have I paid so much for such poor engineering. Everything from sales to service with Mazda has been a complete failure. This car has been in and out of the shop since 2 years and 30k miles And now I have to pay another$4100 to fix turbo and vvt both for second time at 87k miles…I’m sure the engine is going to be next as two vvt failures must of damaged it. So I guess fix sell/trade in and never ever buy another Mazda as log as I live. Then again who would from what I see about the consistent problems. I will try to warn others not to make the same mistake.
ME TOO. I sure wish I had ready yours and all the other warnings when I bought my car 6 months ago! I am facing a rebuild…
What do I do if I was affected? Is there talk of a recall?
Where can I find a list of possibly affected years and models?