Los Angeles, CA: A consumer fraud class action lawsuit has been filed against Mazda Motor of America Inc, in New Jersey federal court, alleging the automaker knew of an engine valve defect affecting certain model year Mazda vehicles, and failed to warn consumers. Further, the lawsuit claims Mazda refused to repair the alleged defect in breach of warranty.
According to the complaint, Mazda falsely advertises and guarantees that its new vehicles are defect-free, when in fact, the company is aware that some of its vehicles' engines have faulty continuous variable valve-timing assembly. This defect causes the affected engines timing chain to become loose or detach, which can lead to partial or total engine failure. While the defect is covered under Mazda' warranty, the automaker refuses to honor the warrant and repair the defect.
"Mazda' fraudulent and unlawful conduct has resulted in substantial harm to the class. As a result of the defect, plaintiff and the class have not received the economic benefit of their bargain, overpaid for their vehicles and/or made lease payments that were too high, and suffered further damages by incurring out-of pocket costs associated with repairing the [variable valve-timing] assembly defect in their vehicles,"the complaint says.
In the lawsuit, lead plaintiff James Stevenson states he purchased a 2008 Mazda CX7 vehicle from a New Jersey dealership in 2009. The vehicle came with a warranty stating that it is free of defects. In 2012, his warranty was extended to seven years past the original warranty date. However, in November 2013, the vehicle experienced an engine valve-related failure. According to the complaint, Stevenson alleges that, despite regular maintenance, and the car still being under warranty, Mazda refused warranty coverage.
In the defective autmotive lawsuit, Stevenson v. Mazda Motor of America Inc., case number 3:14-cv-05250, Stevenson alleges the valve defect occurs in Mazda' L-series engines and that the automaker has known about the defect since at least 2007, when it issued a technical service bulletin about the problem to its dealers. While Mazda made several unsuccessful attempts to fix the issue internally, the automaker failed to notify consumers of the defect and continued to market its vehicles as defect-free, according to the class action.
The lead plaintiff is represented by Mitchell Breit of Simmons Hanly Conroy, T. Christopher Tuck of Richardson Patrick Westbrook & Brickman LLC and Terry W. West and Bradley C. West of The West Law Firm.
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2008 Mazda CX-7 bought new run mobile one full synthetic oil, turbo went out around 45000 miles, now the timing chain and cam phasers are bad, now at 68000 miles, turbo and labor 1,400 dollars the timing chain and phasers 2,400 dollars I’m out 3,800.00 dollars because of Mazda’s lack of concern for there customers , don’t ever buy Mazda you will always be left out to dry, not a quality vehicle, zoom zoom my ass!!!!!!
Posted by Jeff Beilman
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We have a 2010 CX7, has been serviced by the dealer since new. All oil changes done on time, plugs changed at 60k, transmission flushed every 30k miles. We now have 84 k miles on the car and the engine just went. I am being told I need a new engine. The car just had the oil changed 3 k miles ago. If there was a noise then, why didn’t they tell us. Now they want 6 grand to put a new engine in my car. My daughter has no why to get back and fourth to school due to Mazda’s defective engine. The car still looks new. They told me I would be lucky to get 1k for the car the way it is. Car still has s KBB price of 7k or 4 k on a trade. I think Mazda should buy the car from me.
Posted by Jeff Tomlinson
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I have a 2007 Mazda 3 2.3L auto trans that I bought new and I baby that car. The auto trans started to fail at 90K and would not shift from 3 to 4 smoothly. I had to buy a new AT module to fix this problem but it still does not work right, them at 144k the engine has major blow by out of the oil filler plug and makes noises.
Posted by marisol dominguez
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i bought my 2007 mazda cx-7 brand new. has 73,000 miles on it . I was notified that the time belt plus accessories need to be replaced. estimate given by the dealer 1500 dollars. of course warranty does not cover any of this. where is this class action suit at this point? just learned about this problem about the engine now.
Posted by RANDI DOBIES
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WHEN PARKED AT A NEARBY PARKING LOT, THE CAR JUST TOOK OFF OVER TWO MEDIANS AND ALMOST INTO UPCOMING TRAFFIC. I AM 58 AND IN GOOD HEALTH AND BLACKED OUT FROM THE EXPERIENCE. THIS WA JUST THE LAST AND MOST SERIOUS OF THE PROBLEMS WE HAD WITH THIS CAR.
Posted by Carol Graves
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I also have a mazda CX-7 that has 85,000 miles on it and the timing chain is about to go as well. I'm also stuck with the bill and am interested in pursuing options that can prevent my family from taking the financial hit.
Posted by lindseydavies798@hotmail.com
on
I have a Mazda Cx7, it has under 90,000 km and a couple days ago the timing chain broke. Through reading on the internet we found that this part has defects, Mazda did not inform us of this defected part and just extended the warrenty to seven year which we were also not made aware of. Had I been aware the warrenty ended last year I would of had it looked at by the dealer. Now sine the warrenty has ended they say they can not help us and it will cost $2000 to replace the chain or $7000 to replace the engine.
I feel Mazda had an obligation to let us know about this defected part and due to their poor customer service I am left with the bill
Posted by Corey Gladu
on
I have a 2012 Mazdaspeed 3. And under normal driving conditions a loud valve train tap began today 11/2/2015. In addition, it has always had small startup valve tap. I was unaware until today after the engine failed and I googled the possibility of the defect. I initially heard the tap at a stop sign, and it progressively got worse until I stopped the car due to inconsistent rpm readings a drop in rpm and then a total loss of drive immediately after leaving the intersection. I pulled over and turned the car off. I checked the oil and there were metal flakes in the oil.
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