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A Florida man has filed a class action lawsuit over the Audi start/stop system that is meant to save on fuel consumption, but that he claims is defective and dangerous.
David Swinburne filed the suit against Audi and its parent company, Volkswagen Group of America, in U.S. District Court for the Eastern District of Virginia in Alexandria on Aug. 12. According to the 56-page civil complaint, the company is aware of the system’s malfunctions, but has done nothing to correct them, nor to inform the public about them, which has put drivers and the public at risk.
The defect “poses a serious safety risk to drivers, whose vehicle becomes unexpectedly inoperative and exposes them to increased risk of collision with other vehicles, road hazards, and/or pedestrians,” the lawsuit says. And “although Audi has known about the defect for several years, instead of fixing it, (the company) continued to manufacture and sell new Audi vehicles with the (defect) without disclosing it.”
Swinburne is seeking to represent all those who own, lease or have leased a 2017-2020 Audi equipped with the start/stop system in the U.S.
Audi Start/Stop System Overview
The Audi start/stop system, like those in other late model vehicles, is designed to improve fuel efficiency and reduce carbon emissions by cutting the engine when it would otherwise be idling.
It is an optional setting that can be engaged or disengaged by the use of a button located near other controls in the center portion of the dashboard or center console, depending on the model and year.
When engaged, sensors trigger the engine to shut off automatically when the foot brake is applied and the vehicle is stopped at a traffic signal, for example, or idling in heavy traffic or other stop-and-go driving, according to one authorized dealer’s website. At that point, an indicator light should appear in the instrument cluster. When the brake is released, the engine is instantly triggered to restart and driving can resume.
According to Car and Driver, a start/stop system was first introduced by Volkswagen in 1983 in a European-only model. The technology has only made its way into the mainstream in recent years in the U.S.
Plaintiff’s Experience and Claims About Safety
Despite its potential for greater fuel efficiency, the Swinburne class action lawsuit against Volkswagen and Audi says the start/stop system puts drivers at risk.
Swinburn, who owns a 2018 Audi Q5, says he has experienced a dangerous lag in the engine after both full and rolling stops, according to his civil complaint. “On many occasions, the hesitation and delays … occurred while attempting to turn left from intersections, where these delays placed (him) directly at risk of being hit by oncoming traffic,” the suit says.
In addition, the Swinburn lawsuit cites 57 complaints made to the National Highway Traffic Safety Administration by owners and drivers regarding the Audi start/stop system. Most describe some version of experiencing delayed restarting, lurching forward and inconsistent acceleration. They, along with complaints made to Audi directly, among other information, prove the automaker was aware or should have been aware of “the defect” as far back as 2016, the complaint says.
Company’s Response
The Swinburn lawsuit claims that although Volkswagen and Audi have issued software updates for the start/stop system, none have fixed the problems cited in the complaints and no formal recalls have been issued. Owners who bring their vehicles to Audi dealerships for repair are “informed that it is a known problem, there is no fix,” and they are instructed to disengaged the system each time they start their cars, which is “an additional inconvenience and mandatory burden” that is not disclosed to Audi customers before they purchase their vehicles, the lawsuit says.
The Audi Start/Stop System Class Action Lawsuit is Swinburne, et al., v. Volkswagen Group of America Inc., et al., Case No. 1:20-cv-00917, in the U.S. District Court for the Eastern District of Virginia.
Join a Free Vehicle Safety Class Action Lawsuit Investigation
If you own a vehicle that you believe has a safety defect and you are outside of the warranty period or you believe the defect should be covered by the warranty and it’s not, or you or a family member have been injured by a safety related defect, you may qualify to join this vehicle safety defect class action lawsuit investigation.
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