Status: In progress

Austermann, et al. v. Subaru of America Inc., et al.

Subaru is accused of having a vehicle defect that causes the thermo control valve to fail, rendering the vehicles inoperable and leading to consumer inconvenience and expenses.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

By Jon Styf  |  November 30, 2023

Category: Auto News
A 2021 Subaru Crosstrek Sport on an isolated road, representing the Subaru class action.
(Photo Credit: The Jon Fernandez/Shutterstock)

Subaru defect class action lawsuit overview: 

  • Who: Subaru is facing a class action lawsuit from owners of the 2019 to 2021 Crosstrek, Forester, Legacy and Outback vehicles.
  • Why: Subaru is accused of manufacturing vehicles with a defect that causes their thermo control valves to fail, rendering the vehicles inoperable and leading to consumer inconvenience and expenses.
  • Where: The Subaru defect lawsuit was filed in federal court in New Jersey.

Subaru of America is facing a class action lawsuit claiming there is an issue with the thermo control valve on several of its 2019-2021 vehicles that the company refuses to recall or fix for vehicle owners.

Subaru is accused of knowing about the defect in 2019 to 2021 Crosstrek, Forester, Legacy and Outback vehicles since 2021. The lawsuit alleges Subaru failed to correct the issue or cover repairs under warranty despite this knowledge.

“The defect renders the class vehicles inoperable, impairing their core functionality, and poses a safety hazard for drivers and their passengers who may be left stranded,” the Subaru class action says. “The Thermo Control Valve Defect manifests unexpectedly, requiring drivers to incur unforeseen expenses such as thermo control valve replacements, diagnostics, roadside services and costs associated with securing alternative means of transportation.” 

Subaru changed thermal control valve design in June 2021 but did not issue recall or offer free replacement, lawsuit says

Plaintiffs Scott Austermann, Mackenzie Beuttel and Jennifer and John Werthmann are Subaru vehicle owners who claim they experienced the thermal control valve issue, leading to repairs and additional expenses that were not fully covered by Subaru.

Subaru changed the design of its thermal control valves on June 7, 2021, to prevent sensor corrosion, the Subaru defect lawsuit says.

The plaintiffs are asking for a recall or free replacement program along with a buy back of class vehicles, class certification, restitution, damages, injunctive relief and attorneys’ fees.

Another class action lawsuit against Subaru claimed the carmaker manufactured and sold certain vehicles equipped with Starlink infotainment systems containing a defect that has rendered them partially or wholly inoperable. 

Do you own one of the impacted 2019-2022 Subaru vehicles? Let us know in the comments.

The plaintiffs are represented by Matthew D. Schelkopf and Joseph B. Kenney of Sauder Schelkopf LLC. 

The Subaru defect class action lawsuit is Austermann, et al. v. Subaru of America Inc., et al., Case No. 1:23-cv-22626, in the U.S. District Court for the District of New Jersey.


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104 thoughts onSubaru class action alleges some vehicles have thermo control valve failure defect

  1. stephen slotwinski says:

    my 2021 crosstrek is currently in the shop for the coolant valve issue. I need to get included in this lawsuit. the estimate for my repair is $1500. which is difficult to come up with as well as stay current on payments on this just out of warranty vehicle. Why does it seem like stuff breaks down right when the warranty runs out.

  2. Breanna says:

    My thermo valve went out twice in my 2020 legacy. It started at the end of Jan 2024 with the heater not blowing warm air consistently, eventually my check engine light came on. I scheduled an appt. with my nearest Subaru dealer (approx. 1.5hr away) to get the thermo valve replaced. On the way home my entire engine blew and i had to get it rebuilt. Come Dec of 24 my car smelt like coolant and i panicked took it into the Subaru dealer that rebuilt the engine and turns out the “new” thermo valve from Jan had gone out. Worst car ever. I was super disappointed because I have always heard nothing but wonderful things about Subaru’s and I only had that car for 4 months before the chaos began.

  3. Michele B says:

    My check engine light came on today and my Temp gauge did not move, came home, read the error P26A5. Interested in joining this class action and will be calling the dealer tomorrow. Happy anniversary to me, as today marks 1 year of owning my 2021 Outback.

  4. Nancy Augustine says:

    My heater wont blow any heat … I think my TVC is Stuck or something this just happened today ….The gauge on the dash board for Thermo Controll didnt even move at all … this only Started after we had -24 cold weather … the heater was working fine for about an hour then it just stopped blowing hot heat …now its just less then warm heat … so im assuming its Stuck open …Please Help

  5. Everett Scherrer says:

    I own a 2020 Forester. While driving back from Indy on Sat night, the car’s heater stopped working as we neared the end of our journey the blue engine is cold light came on. The next morning when I started it up check engine light was displayed. Engine error code P26A5 was detected indicating thermal control valve failure. Failure is covered by Subaru SB 09-119-21 extended warranty dated 04/01/24 for 15 years or 150000 miles.

  6. David Smith says:

    My 2020 Subaru Legacy was just diagnosed with a faulty thermal control valve, so i’d be interested in signing up.

  7. Gari Carter says:

    My 2021 Outback has been failing repeatedly since July. I was told it was a sparkplug the second time. Now it has failed third time. The Sales Manager only gave me the customer service number and an offer to buy a new car. Subaru is disgraceful in other addressing customersafety concerns.

    1. Sheila Scardino says:

      My 21 Legacy has been diagnosed with the thermo valve failure. They told me at the dealership it was OK to drive 🚗 . I’ve called several times stressing my concern. When they do receive the part I will need to find my own transportation while they fix the car. My question is what about the other things on the car that go wrong who is responsible?

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