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

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

  1. Edward Wrigley says:

    Edward M Wrigley, 111
    The valve sensor was replaced in 2021 and I paid for it. Then last Monday, May 13, 2024, while on the Parkway, the car stopped accelarating and it stopped in the middle of the highway. I have a 2020 subaru forrester. I brought it back to the dealer and they charged me again. I need to know how I can get reimbursed for a defective part that I paid twice and put my life and my wife’s life in danger

  2. Christine Dauer says:

    I have a 2018 Forester and have had exceleration issues since July 2023. My problem appeared to be a transmission problemI have had the car in 5+ times and each time I was told it doesn’t do it when they drive it. In my case, while driving my car it suddenly stops excelrating , no acceleration, no RPMs. Then suddenly surges forward with sudden acceleration from no RPM to up to 4 RPMs and goes back to normal. In some instances it jerked and bucked when the RPMs stops and then surges. Very scary because I’m afraid it I will be hit from the rear when it loses acceleration/power. I filed a complaint to Subaru and a representative called the dealer (Stivers Subaru and then the dealer said they wouldflush out the transmission. It was good for a month and then the lose of power followed by a power surge. I’m limiting my driving to short trips. I have not gone back to the dealer because I think it will be another scenario of blowing off my concerns. The acceleration surge is not as bad but occurs about every other day. The dealer suggested I trade in for a new one.I My car is paid for. I have 80,000 miles. Due to transmission problems Subaru corporation extended the drive train warranty on that year and other year subaru’s. The complaint representative said since I am on record with the issue that they would still cover my warranty after 100,000

  3. Kristina Whiting says:

    2020 Subaru Outback just had to replace TCV

  4. Grant Bailey says:

    We have a 2019 Forester sport with 75000 miles and it just happened to my wife yesterday

  5. Grant Bailey says:

    We have a 2019 Forester sport 75000 and it just happened yesterday

  6. Tom Mercer says:

    Mine just went out today I have 102,000 miles in the car. We need to hear back from Subaru and what they can do to help. I have a 2021 Subaru Crosstrek sport.

  7. Jim Pierce says:

    Mine just went yesterday. Seems weird that all the safety functions are tied to a coolant issue.

  8. Annette Santillian says:

    I thought it was another issue I have 2021 outback

  9. David Adkins says:

    Just had this happen to us this morning

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