Subaru Class Action Says Forester Defect Causes Engine Damage

Subaru of America Inc. is facing a class action lawsuit that alleges some of its Forester vehicles have a design defect in which the engines are tuned too highly, causing engines to suffer damage.

According to the Subaru class action lawsuit, Subaru allegedly attempted to fix the defect during a mandatory emissions recall, but this undisclosed repair attempt reportedly rendered the vehicles unusable.

Plaintiff Cheryl Sauer initially filed the Subaru class action lawsuit in California superior court on Dec. 20, 2017 and the case was removed last week to the U.S. District Court for the Central District of California.

She alleges the damage caused by the engines being tuned too highly and the issues caused by the attempted fix poses a serious risk to drivers and also decreases the value of the affected Forester vehicles.

Sauer alleges the Subaru design defect affects all 2014 Subaru Forester XT, 2015 Subaru Forester XT, 2016 Subaru Forester XT, and 2016 Subaru Forester WRX vehicles.

“As a result of the undisclosed operating system patch included in the Recall, Plaintiff’s 2014 XT and other Class Vehicles began to experience Engine problems, including the Vehicles beginning to uncontrollably surge and stall while driving,” the Subaru Forester class action lawsuit says.

When consumers brought the issues that were allegedly caused by the attempted fix to Subaru’s attention, Subaru allegedly blamed the engine itself instead of the software that was patched during the fix.

According to the Subaru class action lawsuit, Subaru knew all along that the Forester engine problems were widespread and unable to be remedied. However, the motor company allegedly concealed the defect from consumers and continued to sell the allegedly defective Subaru Forester vehicles.

“Plaintiff, and Class Members, were made to either drive an unsafe and unstable Subject Vehicle as caused by the Engine defects as well as defects caused by the Fix, or were required to leave the Subject Vehicle for multiple months without compensation until a substitute Engine could be provided,” the Subaru Forester class action lawsuit alleges.

Sauer says that Subaru still has not provided a permanent remedy to fix the alleged defect. As a result, she and members of the putative Class have lost confidence in the reliability of their Subaru Forester vehicles. Further, she says the alleged defects have affected the value of their vehicles.

The Subaru Forester class action lawsuit asserts claims for breach of written warranty and breach of implied warranty pursuant to the Magnuson-Moss Warranty Act, violations of the Song-Beverly Consumer Warranty Act, violation of the California False Advertising Act, and violation of California’s Unfair Business Practices Act.

Sauer has asked a judge to order Subaru to notify consumers who have purchased and/or leased the affected Subaru Forester vehicles about the alleged defect and to engage in corrective advertising to inform the public about the alleged defect.

She has asked for actual damages, punitive damages, statutory damages, attorneys’ fees and costs, pre- and post-judgment interest, and all other relief the court deems proper.

Sauer is represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George and Thomas E. Wheeler of Law Offices of Todd M. Friedman PC.

The Subaru Forester Engine Defect Class Action Lawsuit is Cheryl Sauer v. Subaru of America Inc., Case No. 5:18-cv-00118, in the U.S. District Court for the Central District of California.